The intent of the PUD district is to provide a flexible, alternative zoning procedure to encourage imaginative and innovative design for the unified development of tracts of land, within overall density and use guidelines set forth in elements of the comprehensive plan as these may be officially adopted and from time to time supplemented or amended. Furthermore, it is the general purpose of the PUD district classification to:

(1)

Encourage enhancement and preservation of lands which are unique or of outstanding scenic, environmental, cultural and historical significance.

(2)

Provide an alternative for more efficient use of land, resulting in smaller networks of utilities and safer networks of streets, promoting greater opportunities for public and private open space, and resulting in lower construction and maintenance costs to the general public.

(3)

Encourage harmonious and coordinated development of the site, considering the natural features, community facilities, pedestrian and vehicular circulation in conformance with the thoroughfare plan, and land use relationship with surrounding properties and the general neighborhood.

(4)

Facilitate determination of the development's anticipated impact on the tax base, the economy, population change, public facilities, and the environment, in order to enable a proper assessment of costs to be shared by the general public and those to be borne by the developer.

(5)

Require the application of professional planning and design techniques to achieve overall coordinated development, eliminating the negative impacts of unplanned and piecemeal development likely to result from rigid adherence to the zoning classifications and standards found elsewhere in this chapter.

(Ord. No. 90-13, § 06.01, 8-7-1990; Ord. No. 2001-06, § 2(06.01), 11-6-2001)

The foregoing cited general purposes and the comprehensive plan elements, along with such standards and performance criteria cited herein, shall guide in the determination of eligibility for PUD application. In addition to the above criteria, the minimum development standards listed herein shall determine eligibility for the type of PUD proposed.

(1)

Use. The proposed use or combination of uses shall be consistent with the general intent of the adopted goals and policies of the city and criteria established in this article.

(2)

Developments of regional impact.

a.

State criteria. In addition to the requirements stated herein, any application for PUD which meets the definition of a state development of regional impact under the rules of the administrative code of the Florida Department of State, or any amendments or additions thereto, must be accompanied by the reports and studies required for developments of regional impact.

b.

Planned commercial center. This is intended to apply to properties that are located so as to serve residential areas conveniently with shopping facilities in planned centers, provide additional convenience facilities to the neighborhood or community, and provide transitional nonresidential, public, semi-public and residential uses. Application for planned commercial centers shall be accompanied by a study that provides as a minimum the inventory of existing population and number of households to be served within the intended market area and a projection of future growth for a ten-year period based on the city-county land use plan and approved plans for development in the projected market area. The study will evaluate the market area's suitability for a shopping, employment or service center of the size planned with a recommendation on the minimum floor area likely to be supported in the first stage of development and projections of future space needs.

(3)

Minimum development standards. Any tract of land for which a PUD application is made must conform to the minimum standards stipulated in each of the following categories:

a.

Shopping center. Minimum criteria for shopping center:

*Examples only.

b.

Employment center. Minimum criteria for employment center:

1.

Floor area: 50,000 square feet.

2.

Acres in site: Five.

3.

Location: Convenient to transportation centers, residential areas, and service centers (motels, banks, etc.) with direct access to a major thoroughfare.

4.

Primary uses (examples only): Offices with permitted convenience facilities generally permitted in local convenience centers, including motels and banks, which shall not exceed ten percent of the gross floor area and which are designed to accommodate the needs of the principal use.

c.

Service center. Minimum criteria for service center:

1.

Floor area: Flexible.

2.

Acres in site: Five.

3.

Location: On or within direct access to major arterial streets so as to provide accessibility to all residents of the metropolitan area without disruption to traffic within or through neighborhoods.

4.

Primary uses (examples only): Automotive service needs, repair of major household items, which generally offers services to more than one neighborhood.

d.

Planned residential development. Planned residential development (PRD) is intended that the PRD offer flexible alternatives in the design and arrangement of residential housing types. The minimum area required for application is five acres. However, office and convenience commercial facilities are permitted as part of an application of 25 acres or more providing the office and convenience commercial facilities do not exceed five percent of the combined gross floor area of the residential uses. A minimum of 20 percent of the gross land area, excluding rights-of-way, must be reserved for open space and community facilities with at least one-half of this area maintained in open space increments of at least 12,000 square feet, which may include recreational facilities and supporting structures, but excluding parking areas.

e.

Planned industrial center. A planned industrial center is intended to promote the concentration of industrial and/or wholesale distribution activities which are compatible with each other and within the general area proposed for such use. Industrial centers must be located on or have direct access to major arterial routes with convenient access to the interstate highway or rail and air transportation facilities without interfering with the mainstream of activity within the urban area. Primary use categories for types of industrial centers are: (i) wholesale distribution; (ii) light manufacturing; (iii) heavy manufacturing. It is also encouraged that limited convenience and support activities which support the primary function be included as part of the proposed development. Minimum area required for application is 25 acres.

(4)

Configuration of lands. The tract of land for which the PUD application is made shall be a contiguous unified parcel with sufficient width and depth to accommodate the proposed use. Except for a capitol center, university or central city PUD, the minimum average width for any PUD application shall be 200 feet with a minimum average site width requirement of 40 percent of the site depth up to 1,000 feet in width.

(5)

Ownership. All land included for purpose of development within a PUD district shall be owned by or be under the control of the applicant for such zoning designation, whether that applicant be an individual, partnership or corporation, or groups of individuals, partnerships or corporations. The applicant shall present proof of the unified control of the entire area within the proposed PUD district and shall state that if he or she proceeds with the proposed development he or she will:

a.

Do so in accord with: (i) the concept plan of development officially adopted for the district; (ii) regulations existing when the amendment creating the PUD district is passed; and (iii) such other conditions or modifications as may be attached to the rezoning of the land to the PUD classification.

b.

Provide agreements, contracts and proposed deed restrictions acceptable to the city and county for completion of the undertaking in accordance with the adopted concept plan as well as for the continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated or maintained at general public expense.

c.

Bind his or her successors in title to any commitments made under subsections a. and b. of this section.

(Ord. No. 90-13, § 06.02, 8-7-1990; Ord. No. 2001-06, § 2(06.02), 11-6-2001)

(a)

Professional services required. The concept plan submitted for approval shall be prepared by one or more persons registered in the state in the following professions: architecture, civil engineering, landscape architecture, land surveying, or a land use planner who has completed one of the following education or experience requirements:

(1)

Received a graduate degree in planning and has been engaged two years in professional planning experience;

(2)

Received a graduate degree in a field related to planning and has been engaged three years in professional planning experience;

(3)

Received a bachelor's degree in planning and have had at least four years of work experience in the planning field, including at least three years of professional planning experience;

(4)

Received a bachelor's degree and have had at least five years in the planning field, including at least three years of professional planning experience; or

(5)

Have had at least eight years in the planning field, including at least three years of professional planning experience. Professional planning experience must be related to the planning of the unified development of urban communities and their environs, and any item of work experience must show initiative, judgment, substantial involvement, and personal accountability for definition of or preparation of significant substantive elements of the planning program.

(b)

Legal description of site. This description shall be prepared by a land surveyor. The legal description shall be accompanied by a map at a scale suitable for reproduction for advertising for public hearing.

(c)

Site conditions map. This map or series of maps shall be drawn to an acceptable scale and shall indicate:

(1)

Title of the planned unit development and name of the developer.

(2)

Scale, date, north arrow, and general location map showing relationship of the site to such external facilities as highways, shopping areas, and cultural complexes.

(3)

Boundaries of the subject property, all existing streets buildings, water courses, easements, section lines, and other important physical features within the proposed project. Other information on physical features affecting the proposed project may be required.

(4)

Existing topography (latest U.S. Department of the Interior Geological Survey 7.5 minute series reproduced to scale of other use data will be acceptable).

(5)

The location and size (as appropriate) of all existing drainage, water, sewer, and other utility provisions.

(6)

Information about existing vegetative cover and general soil types as appropriate to the proposed project.

(7)

The location and function of all other existing public facilities which would serve the site such as schools, parks, and fire stations. Notation of this information on a scaled map is acceptable.

(d)

Concept plan. This plan shall be prepared at the same scale as the above site conditions map and shall indicate:

(1)

Sketch plan for pedestrians and vehicular circulation showing the general locations and rights-of-way widths and the general design capacity of the system as well as access points to the major thoroughfare systems. A diagrammatic flow chart demonstrating the pattern of vehicular traffic movement to, within, and through the planned unit development shall be included as a supplement to this plan. The applicant is encouraged where acceptable, but not required, to submit one or more companion proposals for a pedestrian system, transit system or other alternative for the movement of persons by means other than privately owned automobiles.

(2)

A general plan for the use of all lands within the proposed PUD. Such plans shall indicate the general location function and extent of all components or units of the plan, including low, medium, and high density residential areas (indicating the proposed density for each category); open space provisions such as golf courses, parks, passive or scenic areas; community serving recreation or leisure time facilities; and areas for such public or quasi-public institutional uses such as schools, churches, libraries, outpatient clinics, and public safety facilities.

(3)

A statement indicating what proposed arrangements are made with the appropriate agencies for the provision of needed utilities to and within the planned unit development, including, if appropriate, water supply, treatment and distribution where on-site treatment is proposed; storm drainage collection and disposal; electric power; gas; sewage collection, treatment and disposal where on-site treatment is proposed; and communications (telephone, cable TV).

(e)

Supportive report. A supportive report shall be prepared in conjunction with the above material and shall include:

(1)

A statement indicating how the proposed project complies with the comprehensive plan and its components and the goals and policies for development of the city.

(2)

A general description of the proposed development including:

a.

The total acreage involved in the project.

b.

The number of acres devoted to the various categories of land use shown on the site development plan, along with the percentage of total acreage represented by each category of use and component of development plus an itemized list of uses proposed for each of the components which shall be the range of uses permitted for that section of the planned unit development.

c.

The number and type of dwelling units involved for the overall site and for its components; dwelling unit per acre calculations along with population projections for each.

d.

A description of the projected service areas for nonresidential uses (neighborhood, community or regional) along with the projected population data necessary to support these facilities.

e.

The establishment of minimum design standards which shall govern the site development such as lot shape and size, internal streets and pedestrian ways, open space provisions, off-street parking demands, visual screens, general buffer and landscape areas.

(3)

A proposed concept plan shall contain the following information:

a.

Delineation of the components in map form along with the order in which they shall be submitted for final development plan approval.

b.

The approximate dates for filing final development plans.

c.

The approximate schedule for construction of required or permitted improvements of common open space within each component, including any complementary buildings.

d.

The proposed schedule for dedication of improvement of public rights-of-ways, easements and properties.

(4)

A statement and/or map indicating which streets or roads (and pedestrian ways as appropriate) are proposed for public ownership and maintenance and whether approval is sought as part of the concept plan for private roads, if any, within the community.

(5)

A statement and/or map on drainage which generally shows existing drainage conditions, wet weather areas, areas of frequent flooding, points of discharge from the project, and anticipated quantities of water generated from the development. Where conditions dictate, a statement on the proposed method of discharge of run-off within and from the site shall be furnished.

(6)

A statement which shall indicate the proposed method of governing the use, maintenance and continued protection of the open space and community serving facilities.

(7)

Dedication of public rights-of-way and easements may be required as a condition for approval by the local planning agency or city council.

(Ord. No. 90-13, § 06.03, 8-7-1990; Ord. No. 2001-06, § 2(06.03), 11-6-2001)

All applications for PUD development shall be processed in the following manner:

(1)

Preapplication conference. Prior to submitting an application for approval of a planned unit development, the applicant or his or her representative shall confer with the development administrator. The applicant is encouraged to submit a tentative land use sketch for review and to obtain information on any projected plans, programs or other matters that may affect the proposed development. This information should include:

a.

The proper relationship between the proposed development and surrounding uses, and the effect of the plan upon the comprehensive plan of the city.

b.

The adequacy of existing and proposed streets, utilities, and other public facilities and services within the proposed planned unit development.

c.

The character, design and appropriateness of the proposed land uses and their adequacy to encourage desirable living conditions, to provide separation and screening between uses where desirable, and to preserve the natural amenities of streams, wooded areas, and similar natural features.

d.

The adequacy of open space and recreation areas, existing and proposed, to serve the needs of the development.

e.

The adequacy of the land area and of the surrounding areas to accommodate future expansion, if needed.

(2)

Preapplication. After plans have been formulated and prior to formal application for local planning agency review, the applicant shall submit his or her plans to the development administrator. The development administrator may advise the applicant of any recommended adjustments or additional necessary information for formal application.

(3)

Technical review. The applicant shall submit his or her proposal for formal review to the development administrator a minimum of 45 days prior to public hearing before the local planning agency. The development administrator shall review the plans and submit to the applicant an itemized list of comments and any stipulations and/or requested additional material and data determined necessary. The development administrator shall then submit his or her findings to the local planning agency.

(4)

Local planning agency hearings. In accordance with established review procedures, the local planning agency shall review the application and determine whether the proposed plan meets the intent of the planned unit development district and whether it complies with the comprehensive plan and the goals and policies for development of the city. The local planning agency shall then submit its recommendations in writing to the appropriate governing body.

(5)

Action by city council. The city council shall review all the materials and comments submitted in a public hearing, not sooner than 15 days, nor longer than 60 days from the date of the local planning agency disposition. The action of the city council may be conditional and may impose restrictions and standards of development for the PUD district. In any event a final determination must be made within six months of the original public hearing.

(Ord. No. 90-13, § 06.04, 8-7-1990; Ord. No. 2001-06, § 2(06.04), 11-6-2001)

(a)

If approved by the governing body the concept plan and all other information and material formally submitted with the application shall be adopted as an amendment to this chapter and shall become the standards of development for the planned unit development. All future developments shall conform to the standards adopted for the planned unit development regardless of changes in ownership.

(b)

Upon such approval and subsequent amendment, construction may proceed for public and/or approved private roads, utility installations, community serving open space, and recreational facilities not involving residential use, but including clubhouses and other accessory and related facilities, governmental structures, and similar uses. Such construction shall be in accord with the concept plan as approved. Except as provided above, no construction permit shall be issued for lands zoned PUD until an appropriate PUD final development plan has been approved in the manner hereinafter set out.

(c)

Application for approval of a PUD concept as set forth herein may be made notwithstanding the fact that there may exist at the time of application conflicting restrictive covenants on the land, but final approval of the PUD concept shall then be conditioned on the invalidation or modification of any such restrictive covenants within six months from the date of conditional approval so as to conform to the approved PUD concept.

(Ord. No. 90-13, § 06.05, 8-7-1990; Ord. No. 2001-06, § 2(06.05), 11-6-2001)

(a)

Status of land. Upon approval of the concept plan, the property shall be designated PUD concept on the official zoning map. The only construction permitted on the property until approval of the final development plan is that construction provided for in section 54-245. The property shall remain PUD concept until approval of final development plan.

(b)

Changes in concept plan. It is not intended that the planned unit development district concept plan so approved shall be inflexibly applied, but rather, the development of the planned unit development district shall be in conformance with the concept plan subject to modification due to changed economic, social, or demographic conditions.

(Ord. No. 90-13, § 06.06, 8-7-1990; Ord. No. 2001-06, § 2(06.06), 11-6-2001)

Except as permitted under concept plan approval, the applicant shall submit a final development plan prior to commencing development on property zoned PUD concept. Approval of components of the planned unit development zoning district plans shall be according to the development schedule approved under the concept plan. The following data and information is required in addition to the material submitted under the concept plan:

(1)

Professional services required. Same as set forth in section 54-243(a).

(2)

Detailed statement of objectives. A detailed statement of objectives indicating:

a.

The general purpose of the development.

b.

The type dwellings to be constructed.

c.

The method and time schedule of development and improvement of the project.

d.

The disposition of open space to be provided. A boundary survey shall be prepared by a land surveyor showing all public rights-of-way and easements.

(3)

Site conditions map. A site conditions map drawn to an appropriate engineer's scale sufficient to show detail shall show the location of the existing property lines both for private property and for public property, existing contours shown at a contour interval of two feet, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drain pipes, water mains, public utility easements, wooded areas, streams, lakes, marshes, and any other physical condition affecting the area.

(4)

Final development plan. A final development plan or plans shall be drawn to an appropriate scale showing:

a.

The boundaries of the site, topography, and proposed grading plan.

b.

The width, location, typical sections, and names of proposed streets.

c.

The width, location and names of surrounding land use.

d.

The use, size, location and height of all proposed buildings and other structures.

e.

The off-street parking and loading plan.

f.

A circulation diagram showing vehicular and pedestrian movements including any special engineering features and traffic regulation devices needed.

g.

Drawings indicating the general architectural themes, appearance and representative building types except for detached single-family dwellings and accessory structures.

h.

Provisions for the control of signs including size, shape and appearance.

i.

The location and size of common open spaces and public or quasi-public areas.

(5)

Utility service plan. A utility service plan showing:

a.

Existing drainage and sewer lines.

b.

The disposition of sanitary waste and stormwater.

c.

The source of potable water.

d.

The location and width of all utility easements or rights-of-way.

(6)

Landscaping plan. A landscaping plan showing:

a.

Landscaped areas.

b.

All specimen trees or groups of specimen trees 36 inches in diameter or larger, indicating those to be retained, removed, or relocated.

c.

The location, height, and material for walks, fences, walkways, and other manmade landscape features.

d.

Any special landscape features such as, but not limited to, man-made lakes, land sculpture, and waterfalls.

(7)

Statistical information. Statistical information including:

a.

Total acreage of the site.

b.

Maximum building coverage expressed as a percentage of the site area.

c.

The area of land devoted to landscaping and/or open spaces usable for recreation purposes expressed as a percent of the total site area.

d.

The calculated density for the project.

(8)

Development schedule. The development schedule shall contain the following information:

a.

The order of construction of the proposed stages delineated in the final development plan.

b.

The proposed date for the beginning of construction on said stages.

c.

The proposed date for the completion of construction on said stages.

d.

The proposed schedule for the construction and improvement of common open space within said stages, including any complementary buildings.

(9)

Covenants and restrictions. Definitive covenants, grants, easements, dedications and restrictions to be imposed on the land, buildings, and structures, including proposed easements for public utilities and instruments relating to the use and maintenance of common open spaces and private streets. Such instruments shall give consideration to access requirements of public vehicles for maintenance purposes.

(10)

Bylaws of association or nonprofit corporation. If the applicant elects this method of administration of common open space, the proposed bylaws of the association or the certificate of incorporation and the corporate bylaws of the nonprofit corporation shall be submitted to the city council for its files.

(Ord. No. 90-13, § 06.07, 8-7-1990; Ord. No. 2001-06, § 2(06.07), 11-6-2001)

Exemption from the normal requirements of this chapter may be permitted when the developer demonstrates to the local planning agency that adequate provisions have been made in the planned unit development for sufficient light and air, that the density of development is compatible with surrounding land uses, that pedestrian and vehicular traffic circulation systems are safe and efficient, that the development will progress in orderly phases, and that the public health, safety and general welfare will be protected. However, where higher or more restrictive specific standards for use, height, setback, visual screens, rights-of-way, sign control and open space are adopted as part of the concept plan, no exceptions or variations from said standards shall be granted in the final development plan. For PUD, the required general development standards are as follows:

(1)

Use restrictions. Use restrictions shall be the same as those set forth in the schedule of district regulations in article II, division 2 of this chapter for the following PUD applications, unless other use concepts are approved as part of the concept plan:

a.

Planned commercial center (B-2).

b.

Planned residential development (R-2).

c.

Planned industrial center (I-1).

(2)

Residential density. Residential density shall be determined by the maximum set forth in the Future Land Use Element of the comprehensive plan. However, an increase in density may be permitted when it can be demonstrated by the applicant that the features of the property and the conditions of the concept plan represent a development alternative which does not significantly increase the impact (anticipated by the land use element) on the neighborhood and community.

(3)

Setback and height standards. Setback and height standards are the same as set forth in the schedule of district regulations in article III, division 2 of this chapter, except variation might be granted when stated in the concept plan, as approved, or in the final development plan, providing such variations are consistent with and aid in the accomplishment of the PUD district as set forth in section 54-241(1), (2) and (3).

(4)

Visual screens. Visual screens proposed under the same concept plan or final development plan shall have the same minimum requirements as those set forth in this chapter unless acceptable alternatives are proposed and approved as part of concept or final plan approval.

(5)

Off-street parking, loading and unloading regulations. Off-street parking, loading and unloading regulations shall be the same as are required under article VIII of this chapter except that minimum requirements for off-street parking spaces may be reduced when approved under the final development plan. The applicant must provide evidence that minimum requirements may be varied due to the unique character of the proposed developments such as multiple use of parking facilities by activities which function at different hours and which can utilize common facilities, provided, further, the effect of said reduction will be to place the area thus economized into landscaped or natural open space to be available for future parking needs should conditions change.

(6)

Minimum design standards. Minimum design standards for public and private rights-of-way and minimum construction standards for streets, drainage systems and utility systems shall be the same as are required under the subdivision regulations unless acceptable alternatives providing equal or higher performance are approved in the final development plan.

(7)

Standards of development. The standards of development are subject to land development regulation requirements unless acceptable alternatives are approved under the final development plan.

(8)

Sign control. Article IX of this chapter (sign regulations) shall apply to all PUD applications unless acceptable alternatives are approved as part of the final development plan.

(9)

Common open space.

a.

The city council may require that the petitioner provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not be dissolved nor shall it dispose of any common open space by sale, or otherwise (except to an organization conceived and established to own and maintain the common open space). Any transfer shall conform to the conditions of the final development plan.

b.

In the event that the organization established to own and maintain common open space, or any successor organization shall at any time after the establishment of the planned unit development fail to maintain the common open space in reasonable order and condition, in accordance with the final development, the city may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing to determine any deficiencies. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the appropriate governing body shall call upon any public or private agency to maintain the common open space for a period of one year. When the city determines that the subject organization is not prepared or able to maintain the common open space, such public or private agency shall continue maintenance for yearly periods.

c.

The cost of such maintenance by such agency shall be assessed proportionately against the properties within the planned unit development that have a right of enjoyment of the common open space and shall become a lien on said properties.

d.

The amount of any lien imposed hereunder shall become due and payable at the city clerks office on a date to be determined by the governing body at the public hearing. All such liens shall be of the same nature and to the same extent as liens for general county taxes and be collectible in the same manner and with the same fees, interest and penalties for default in payment and under the same provisions as to sale and forfeiture as apply to general county taxes. Collection of such liens with such interest and penalties and with a reasonable attorney's fee, may also be made by foreclosure in a court of competent jurisdiction and it shall be lawful to join in any suit for foreclosure any one or more lots or parcels of land by whosoever owned upon which such liens are delinquent; provided that failure to pay any installment of principal or interest of any lien when such installments shall become due shall, without notice or other proceedings, cause all installments of principal remaining unpaid to be forthwith due and payable with interest due thereon at the date of default; but if before the sale of the property for delinquent lien payments, the amount of such delinquency shall be paid with all penalties, interests, costs, and attorney's fees, further installments of the principal shall be due and payable and shall be due and payable at the times at which the same would be due if no such default had occurred.

(10)

Dedication of public facilities. The city council may, as a condition of approval and adoption in accordance with the final development plan, require that suitable areas for easements and public rights-of-way be set aside, dedicated and/or improved for public use.

(Ord. No. 90-13, § 06.08, 8-7-1990; Ord. No. 2001-06, § 2(06.08), 11-6-2001)

Procedure for approval of a final development plan for a PUD shall be processed in the following manner:

(1)

Preapplication conference. Prior to submitting a formal application for final development plan approval, the applicant shall confer with the city superintendent in the review and processing of the application. The applicant shall also submit the materials needed for final approval to the city superintendent for informal review. The superintendent shall review the information and advise the applicant of any recommended adjustments or necessary additional information prior to formal application.

(2)

Development administrator review. The materials required under the final development plan shall be submitted a minimum of 45 days prior to review by the development administrator. The development administrator shall prepare an itemized list of comments to be submitted to the city council which shall report on the final plan's compliance with the intent and standards set forth in the concept plan.

(3)

City council review. The city council shall review the application for final plan approval. Any conditions attached to final plan approval by the city council must be part of the material required for plan approval and must be resubmitted by the applicant for final plan approval.

(4)

Compliance with adopted concept plan. The following intensity, density, floor area, ground area and building height variations are permitted to be transferred within the final plan components according to the following schedule, providing such variations do not represent a net increase in the overall intensity, density, use, floor area or ground coverage adopted for the PUD under the concept plan. The variations shall not:

a.

Increase the proposed gross residential density or intensity of use by more than ten percent.

b.

Involve a reduction of the area set aside for common open space nor the substantial relocation of such area.

c.

Increase by more than ten percent the floor area proposed for nonresidential use.

d.

Increase by more than ten percent the total ground areas covered by buildings or a change of more than eight feet in the height of the buildings.

e.

Vary substantially from street layouts or proposed land uses not stipulated in the concept plan. Modifications in the design of streets and utilities in a manner approved by the city council shall not constitute a substantial variation from the concept plan. The burden shall be upon the applicant to show the city council good cause for any variation between the concept plan and the final development plan as submitted for final approval. If the final development plan, as submitted, contains substantial variations from the concept plan, the city council may, after a meeting with the applicant, refuse to grant final approval and shall, within five days of such action, so advise the applicant in writing why said variations are not in the public interest.

(5)

Administrative discretion. When unforeseen circumstances occur during site development which may result in minor shifts, extensions, alterations, or modifications of buildings or structures, such may be authorized by the city superintendent if they are consistent with the purposes and intent of the final development plan.

(6)

Applicability of adopted plan; amendments to plan. If approved, the final development plan and all other material and information submitted formally with the application, and any provisions placed on the property by the local planning agency or city council, shall be adopted as amendments to the land development regulations shall become standards of development for the planned unit development. All future development shall conform to the adopted standards regardless of any changes in ownership, provided further that no building permit or certificate of occupancy shall be issued unless standards herein are complied with.

(7)

Zoning designation. Upon approval of a final development plan, the property shall be designated PUD on the official zoning map.

(Ord. No. 90-13, § 06.09, 8-7-1990; Ord. No. 2001-06, § 2(06.09), 11-6-2001)

Any violation of the concept plan or final development plan or any other requirement adopted as part of the amendment to the land development regulations shall constitute a violation of this chapter.

(Ord. No. 90-13, § 06.10, 8-7-1990; Ord. No. 2001-06, § 2(06.10), 11-6-2001)

The city may, if in its opinion it is necessary, retain consultants to assist in the review of any portion of a PUD application. The cost of retaining said consultants shall be borne by the applicants in the manner set forth within a resolution of the city council concerning applications and fees.

(Ord. No. 2005-02, § 3(06.11), 1-4-2005)

The final development plan for Monticello Pines Subdivision, Phase I, Planned Unit Development (PUD), and all other materials and information submitted formally in connection with the application for approval thereof, including but not limited to the Revised Phase I Final Development Plan Narrative, Correspondence Regarding Off-Site Road Improvements (letter from Bill Tellefsen—Jefferson County Planning Official), Response to City of Monticello Review Comments on 26 Nov. 2008 Final Development Plan Submittal, and the city engineer's application review comments, are hereby adopted and incorporated herein by reference as the standards of development for said PUD. All future development shall conform to the adopted standards, regardless of any changes in ownership. No building permit or certificate of occupancy shall be issued for any portion of the PUD unless the standards are complied with.

(Ord. No. 2009-04, § 1, 11-3-2009)