The Planned Unit Development District (PUD) serves as an overlay to existing zoning classifications. In this role, the PUD provides an alternative to conventional zoning districts, at the property owner's option. The PUD may be established at appropriate locations and in accordance with the Comprehensive Plan and Land Development Regulations of the City of Pinellas Park. In fulfillment of this intent, the PUD provides standards and guidelines by which flexibility may be accomplished so that:

(A)

A creative approach may be taken for the development of large tracts of land and the redevelopment of older, smaller areas.

(B)

More open space may be accomplished than would be possible through the strict application of the provisions of this Article.

(C)

Land may be used more efficiently, resulting in smaller networks of utilities and streets, consequently reducing construction and maintenance costs.

(D)

Harmonious development of the site and the surrounding areas, community facilities, and traffic circulation can be encouraged.

(E)

Non-traditional lot layout or site design may be permitted.

The development guidelines are provided as a basis from which a typical PUD can proceed. However, City Council retains the absolute authority to establish limitations and regulations thereon for the benefit of the public health, welfare and safety, and may modify these guidelines based on the merits of the project, the character of the surrounding area and potential adverse impacts on this area, size, configuration, and natural features of the land to be developed, adequacy of off-site improvements, traffic impact and nature of the proposed development Where there are conflicts between these PUD regulations and general zoning, subdivision, or other applicable regulations of the City of Pinellas Park, those adopted by and shown on an adopted Master Plan, as defined herein, shall govern.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

CODE AMENDMENT. All applications for the PUD overlay shall be processed in accordance with Section 18-1539.2 of this Chapter, with the exception that mail notices of the proposed overlay assignment shall be given to all property owners located within five hundred (500) feet of the site.

(B)

APPLICATION REQUIREMENTS. The application package shall consist of the following: Application; required fee; necessary copies of plans as established by the Administration from time to time; and such other information deemed necessary for a thorough consideration of the application, including, but not limited to, those items identified in Section 18-1529.3(D) following.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4164, § 1, 6-23-2022)

(A)

A Master Plan is a definitive site plan which guides and controls all development of the site.

(B)

Approval of a Master Plan does not constitute approval of the construction drawings of public and/or private infrastructure improvements or related appurtenances. The proposed design and location of utilities and streets will be subject to engineering review by the City Engineer and may be subject to revisions in the construction drawings review phase in conjunction with the subdivision process or in the building permit review process. Refer to Article 1, Subdivision, Land Development Code.

(C)

City Council shall set the density for the development based on the criteria provided in Section 18-1529.1. The gross density shall not exceed the density allowed by the Land Use Plan Category.

(D)

REQUIREMENTS.

1.

General Information.

(a)

Name of development.

(b)

Legal description, north arrow, legend, and scale (of not less than one (1) inch equals fifty (50) feet).

(c)

Vicinity map of not less than one (1) inch equals one (1) mile.

(d)

Proof of ownership (i.e., warranty deed).

(e)

Total gross and net acreage of the site.

(f)

Development schedule, including initiation and completion dates for each/all phase(s) of development, proposed land uses, recreation facilities and/or common areas, all proposed on-site improvements, including but not limited to streets, sewer system, water supply system, and stormwater facilities, and any required off-site improvements.

(g)

If phased, all phase lines shall be delineated.

2.

Existing Conditions.

(a)

Existing underlying zoning classification(s), existing land use plan designation(s), and type(s) of development on the site and on immediately adjacent property.

(b)

Name(s) and location(s) of all adjacent subdivisions.

(c)

Name, location, and width of all platted rights-of-way, alleys, and existing streets within and/or adjacent to the site.

(d)

Location and size of all sewer lines, water lines, and drainage facilities within and adjacent to the site.

(e)

Location and width of all utility and drainage easements within and/or adjacent to the site.

(f)

Topographic contours at vertical intervals of no larger than one (1) foot.

(g)

Approximate location, size and type of trees, water bodies, and other natural significant features, including wetlands.

(h)

A statement and/or map on drainage which generally shows existing drainage conditions, wet weather areas, areas of frequent flooding 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.

3.

Design

(a)

Numeric designation, location and width of proposed streets and their required rights-of-way.

(b)

Location, width and intended use of proposed utility easements.

(c)

Location and minimum dimension of all proposed lots.

(d)

Proposed land elevations.

(e)

Location, purpose, dimensions and general description of common open space, parks, and recreational facilities.

(f)

Proposed landscaping scheme and existing vegetation to be preserved.

(g)

Building setbacks shall be stated and shall define the minimum distance buildings will be set back from: (1) surrounding property lines; (2) proposed and existing streets; (3) other proposed buildings; (4) the high water line of lakes/retention ponds; and (5) other man-made or natural features which would be affected by building encroachment.

(h)

Maximum height of buildings.

(i)

Proposed density for residential land uses.

(j)

Proposed floor area ratio and maximum lot coverage for nonresidential uses.

(k)

Delineate location and minimum setback of all signs.

(l)

Location and method of buffering adjacent uses from the proposed development.

(m)

Location and dimension of proposed parking and service areas, including typical parking space dimension for multifamily residential and nonresidential uses.

(n)

Location and method of screening dumpsters, storage areas and off street loading areas for multifamily residential and nonresidential uses.

(o)

Proposed uses and acreage of each use.

4.

Improvements.

(a)

Location and dimensions of proposed utilities.

(b)

Location and dimensions of proposed drainage facilities.

(c)

Location of all proposed fire hydrants.

(d)

Location and dimensions of proposed streets and sidewalks.

3.

Sealed Plans Required. The Master Plan shall be prepared and sealed by either an engineer or architect licensed by the State of Florida.

(Ord. No. 3748, § 3, 10-28-2010)

The applicant shall present firm evidence of the unified control of the entire area within the proposed PUD and shall state agreement that, if he proceeds with the proposed development, he will:

(A)

Do so in accordance with:

1.

The Master Plan of development officially adopted for the applicable development.

2.

Other City regulations existing when the PUD overlay was assigned.

3.

Such other conditions or modifications as may be attached to the assignment of the PUD overlay.

(B)

Provide agreements, contracts, deed restrictions, or sureties in a form acceptable to the City Attorney for completion of the undertaking in accordance with the adopted Master 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 all future successors in title to any and all of the commitments identified in Items A. and B. preceding.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

The required development schedule shall be approved by City Council at the time of consideration of the Master Plan; this schedule may be altered by City Council from the schedule submitted by the applicant. The development schedule will be binding upon the applicant and his successors in title.

(B)

The following beginning dates will be mandatory for all PUD's:

1.

Application for final plat for the first phase must be submitted within six (6) months of Master Plan approval or the Master Plan for that phase will be deemed null and void. Application for final plat of each subsequent phase must be submitted not later than ninety (90) days prior to the commencement date for that phase as per the approved development schedule. If the application is not submitted within that time, then the Master Plan shall be deemed to have expired and thus null and void for that phase and any remaining phases.

2.

Application for building permits for the first phase shall be submitted within six (6) months of the recording of the final plat of that particular phase, or if subdivision is not required, within six (6) months of Master Plan approval.

(C)

If the Master Plan for a phase expires, the applicant will be required to resubmit the Master Plan for approval of that phase.

(D)

Any reconsideration of a Master Plan which has expired shall be treated as a new application and shall be subject to those codes and procedures then in effect.

(E)

TIME EXTENSIONS. An extension of the required mandatory filing dates of the final plat, master plan, development schedule, or phase of the master plan may be requested of City Council, provided that the application for the extension is received prior to the deadlines referenced herein.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

Any common lands, recreational facilities or private utilities established by an adopted Master Plan shall be subject to the following:

1.

The applicant shall establish an organization for the ownership and maintenance of all 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 such common open space.

2.

Said official documents must be approved by the City Attorney as part of any final plat. Said documents shall include provisions for maintenance of common areas and the legal description of such common areas.

3.

Upon review and acceptance by the City Attorney, such documents shall be recorded with the Clerk of the Court.

4.

All condominium developments shall abide by the provisions of Chapter 718, Laws of Florida.

5.

The above provisions and proposed monthly maintenance charge (if any) to be assessed against the individual purchasers shall be fully disclosed to all prospective purchasers.

6.

The developer shall disclose the following items to prospective purchasers regarding the landscaped or decorative entrance to the development:

(a)

The current owner;

(b)

The current land use designation; and

(c)

The proposed use of the land.

(B)

DEDICATION OF PUBLIC FACILITIES. The City Council may, as a condition of the approval and adoption of a Master Plan, require that suitable areas for streets, public rights-of-way, schools, parks and other public facilities be set aside, improved, and/or dedicated for public use.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

SIGNS. Signage shall be permitted in accordance with Article 6 "Signs", Land Development Code, based on the underlying zoning of the planned development or the applicant shall prepare as part of site plans required by this section a Master Signage Plan that, upon approval by the City, shall constitute the sign regulation applicable to lands governed by the PUD.

(B)

LANDSCAPING/BUFFERING. Based on underlying zoning, landscaping/buffering requirements of Section 18-1533.5 of this Chapter, shall be used as a general guide. However, City Council retains the absolute authority to increase the minimum required landscaping to enhance both the aesthetic and functional aspect of the proposed development, preserve existing native vegetation or unique physical features, as well as buffer surrounding uses from any adverse effects that may result from the proposed development.

(C)

ILLUMINATION. All outdoor lighting shall enhance the overall architectural style of the PUD, and be designed and situated so as to maximize containment of the emitted illumination on the subject parcel. No spill-over lighting shall be purposely directed onto any abutting or functionally abutting property. The provisions of this paragraph shall be achieved, insofar as possible, through the use of cut-off fixtures so that the line of illumination does not intrude onto abutting or functionally abutting property. Further, no outdoor lighting shall be directed at angles that interfere with driver vision on adjacent roadways.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

LOCATION. The Residential PUD (RPUD) overlay shall only be assigned to those areas where the underlying zoning district(s) permit residential development and the primary intended use of the property is residential.

(B)

USES. The uses permitted in RPUD districts shall be limited to those "permitted" or "conditional uses" allowed by the underlying zoning district and Land Use Plan Map designation existing on the subject property at the time of application to rezone to RPUD. In addition to those "permitted" and "conditional uses", the following uses may be approved:

1.

Duplex dwellings.

2.

Multifamily dwellings.

3.

Zero lot line dwellings.

4.

Nursing homes, convalescent homes and sanitariums.

5.

Community Residential Home (more than fourteen (14) residents).

6.

Attached singled family dwellings.

7.

Conditional uses shall adhere to the applicable provisions of Section 18-1531 of this Article.

8.

Nonresidential uses are permitted only in RPUD's of five (5) acres or more and shall include only those uses allowed as a permitted or conditional use by the underlying zoning district and Land Use Plan Map category. For parcels located within the Residential/Office/Retail (ROR) land use plan map category, public/semi-public uses shall not exceed a maximum area of three (3) acres for "Transportation/Utility Uses" and five (5) acres for "Institutional Uses" (except that Public Educational Facilities are not subject to this threshold).

(C)

DIMENSIONAL REGULATIONS.

1.

Lot Area, Lot Depth and Width, Setback Regulations, Height Requirements. See underlying Zoning District for dimensional regulation guidelines.

2.

Should the established regulations be inappropriate for non-traditional lot layout or site design (i.e. mixed use development, cluster homes, zero lot line, etc.) the following guidelines are established.

(a)

No minimum lot size. However, justification for the deviation from established regulations of the underlying zoning district shall be provided. In addition, residential developments which propose lot areas less than the minimum lot sizes shall provide usable open space based on the difference between the stated minimum lot area and the proposed lot area, said open space to be located within said plat or phase where the alternative style is proposed.

(b)

Structural setbacks. In determining flexible setbacks, a variety of criteria will be considered including, but not limited to, the character of the surrounding area (zoning and existing land uses), size, configuration and natural features of the land to be developed, potential impact on abutting development, and the nature of the proposed development.

Exception: Zero lot line development shall meet the following minimum setback requirements:

(1)

Side Yard Setbacks: Zero (0) feet on one side and five (5) feet on the other.

(2)

No openings may be located in the on-the-line-wall.

(3)

The on-the-line-wall shall be constructed with low maintenance decorative masonry or masonry veneer, or any other material as permitted by the adopted Florida Building Code based on type of construction.

(4)

The on-the-line wall shall not be located adjacent to a public right-of-way.

(5)

An easement for maintenance purposes shall be provided.

(c)

Height. Flexibility in building height will be allowed provided that the proposed height is compatible with the surrounding neighborhood. Increased setbacks and buffering to compensate for added building height may be considered to reduce the impact on abutting properties.

(d)

Minimum Liveable Floor Area.

Single-Family Detached: One thousand (1,000) square feet.

Zero Lot Line: Eight hundred fifty (850) square feet.

(D)

DENSITY. The net density of the PUD shall not exceed that allowed by the underlying zoning districts unless subject to a density bonus authorized by this Chapter in conformance with the comprehensive plan.

(E)

RECREATIONAL FACILITIES.

1.

At the time of consideration of the Master Plan for an RPUD, City Council will review the suitability of any recreational facilities proposed for the development. This review will be based on the size of the development, the demographics of the anticipated population, and proximity to existing or proposed public recreational facilities.

2.

The location, type, and size of the proposed recreational facilities as well as their development schedule shall be incorporated into the Master Plan.

3.

After review of the proposed recreational facilities, City Council may approve the recreational facilities as proposed or may approve alternative types and locations of recreational facilities.

4.

Parkland dedication credit for any recreational facilities provided as part of the RPUD shall be calculated pursuant to Article 3 of this Land Development Code.

5.

Onsite Meeting Hall.

(a)

In any RPUD of eighty (80) residential units or more and which has a homeowners or condominium association which requires an annual meeting, an onsite meeting hall shall be provided.

(b)

The meeting hall shall be large enough to accommodate the number of unit owners which constitute a quorum as established in Florida Statutes or by the bylaws of the homeowners association or condominium.

(c)

The requirement for an onsite meeting hall may be waived by City Council upon a finding that the size and nature of the development, the demographics of the anticipated population, and the availability of adequate alternative meeting locations render the requirement of an onsite meeting hall unnecessary.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)101., 3-14-2019)

(A)

LOCATION. The CPUD overlay shall only be assigned to those areas zoned "GO", "B-1", "CH", MXD, or TC on the Official Zoning Map except where the predominant planned use is residential, the RPUD overlay shall be assigned.

(B)

CHARACTER OF SITE. Any CPUD site shall be suitable for development in the manner proposed without undue hazards to persons or property, on or off the tract, from probability of flooding, wind and water erosion, subsidence, or slipping of the soil, or subsidence of buildings, or other structures or facilities. Condition of soil, ground water level, drainage and topography shall be appropriate to both kind and pattern of use intended. Based on recognized engineering principles the City Engineer may require load bearing tests. The site shall also contain sufficient width and depth to accommodate its proposed use and design.

(C)

USES PERMITTED. The uses permitted in CPUD districts shall be limited to those "permitted" or "conditional uses" allowed by the underlying zoning existing on the subject property at the time of application to rezone to CPUD. Conditional uses shall adhere to the applicable provisions of Section 18-1531 of this Article.

(D)

DIMENSIONAL REGULATIONS.

1.

Lot Area, Lot Depth and Width, Setback Regulations, Height Requirements. See underlying Zoning District for dimensional regulation guidelines.

2.

Should the established regulations be inappropriate for non-traditional lot layout or site design, the following guidelines are established.

(a)

No minimum lot size or structural setbacks. However, in reviewing the proposed Master Plan, City Council shall consider the following criteria: Character of the immediately surrounding development; size of the parcel, configuration and natural features of the land to be developed, traffic impacts, configuration and natural features of the land to be developed, and nature of the proposed development.

(b)

Height. Flexibility in building height will be allowed provided that the proposed height is compatible with the surrounding neighborhood. Increased setbacks and buffering to compensate for added building height may be considered to reduce the impact on abutting properties.

(E)

OUTDOOR STORAGE. Outdoor storage facilities are prohibited in a CPUD. This provision shall not be construed to exclude the outdoor display and sale of new or used automotive vehicles for sale or rent, or the incidental display of goods or chattels for sale or rent by an establishment having activities that occur principally within a building.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

LOCATION. The Industrial PUD (IPUD) overlay shall only be assigned to those areas zoned either "M-1" or "IH" on the official Zoning Map.

(B)

USES.

1.

"Permitted" and "Conditional Uses" within an IPUD shall be limited to those uses allowed in the "M-1" Light Industrial and/or the "IH" Heavy Industrial District as underlying thereon. Conditional uses shall adhere to the applicable provisions of Section 18-1534 of this Article except public hearing requirements of the PUD District shall apply. If a mix of residential and commercial uses are anticipated then the developer shall apply for the MUPUD overlay assignment.

2.

Dependent upon the location of the IPUD and its relationship to abutting or functionally abutting residentially zoned property, a further limitation on the specific uses permitted within the IPUD may be required. Such limitations shall be adopted as part of the assignment of the IPUD overlay.

(C)

DIMENSIONAL REGULATIONS.

1.

Lot Area, Lot Depth and Width, Setback Regulations, Height Requirements. See underlying Zoning District for dimensional regulations.

2.

Should the established regulations be inappropriate for non-traditional lot layout or site design, the following guidelines are established.

(a)

No minimum lot size or structural setbacks except as may be required by City Council to establish compatibility between proposed and existing abutting or functionally abutting land uses. However, any industrial IPUD site shall be suitable for development in the manner proposed without undue hazards to persons or property, on or off the tract from the probability of flooding, wind and water erosion, subsidence, or slipping of the soil. Condition of soil, ground water level, drainage, and topography shall all be appropriate to both kind and pattern of use intended. The site shall also contain sufficient width and depth to adequately accommodate its proposed use and design.

(b)

Structural setbacks. In determining flexible setbacks, a variety of criteria will be considered, including, but not limited to, the character of the surrounding area, size, configuration and natural features of the land to be developed, and the nature of the proposed development. However, when abutting or functionally abutting any residentially zoned property, a minimum building setback of thirty (30) feet shall be maintained.

(c)

Height. Flexibility in building height will be allowed provided that the proposed height is compatible with the surrounding neighborhood. Increased setbacks and buffering to compensate for added building height may be considered to reduce the impact on abutting properties.

(D)

RIGHT-OF-WAY REQUIREMENTS.

1.

All IPUDs having interior public streets shall dedicate eighty (80) feet wide rights-of-way and construct a minimum of forty (40) feet wide pavements. All corners are to have forty (40) feet radius and cul-de-sacs are to have seventy-two (72) feet diameter of paving.

2.

Ingress and egress to industrial IPUDs shall not be through a residential district.

(E)

LOADING DOCKS.

1.

No loading docks shall be permitted to be located along the front facade of any building which faces a street.

2.

No loading docks shall be permitted along any side which abuts or functionally abuts residentially zoned property.

3.

Loading docks shall be located a minimum of sixty (60) feet from any adjacent right-of-way or a distance required such that delivery and transport vehicles are not required to block at any time adjacent rights of way, driveways or parking spaces.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

LOCATION. The Mixed Use Planned Unit Development (MUPUD) overlay shall be appropriate in all Mixed Use, Commercial, and Industrial future land use designations where more than one development type is planned.

(B)

USES.

1.

"Permitted and Conditional Uses" within a MUPUD shall be limited to those uses allowed by the underlying zoning district of the subject property. Conditional uses shall adhere to the applicable provisions of Section 18-1531 of this Article except public hearing requirements that are supplanted by this PUD Article.

2.

Dependent upon the location of the MUPUD and its relationship to abutting or functionally abutting residentially zoned property, a further limitation on the specific uses permitted within the MUPUD may be required. Such limitations shall be adopted as part of the assignment of the MUPUD overlay.

(C)

DIMENSIONAL REGULATIONS.

1.

Lot Area, Lot Depth and Width, Setback Regulations, Height Requirements. See underlying Zoning district for dimensional regulations.

2.

Should the established dimensional regulations be inappropriate for non-traditional lot layout or site design, the following guidelines are established.

(a)

No minimum lot size. However, any MUPUD site shall be suitable for development in the manner proposed without undue hazards to persons or property on or off the tract from the probability of flooding, wind and water erosion, subsidence, or slipping of the soil. Condition of soil, ground water level, drainage, and topography shall all be appropriate to both kind and pattern of use intended. The site shall also contain sufficient width and depth to adequately accommodate its proposed use and design.

(b)

Structural setbacks. In determining flexible setbacks, a variety of criteria will be considered, including, but not limited to, the character of the surrounding area, size, configuration and natural features of the land to be developed, and the nature of the proposed development. Where a proposed MUPUD boundary abuts or functionally abuts a single-family zoning district or single-family development, regardless of zoning district designation, City Council shall require adequate setbacks, buffers and screens to the extent necessary to establish compatibility with the single-family development. Due to the wide range of potential land uses in the MUPUD District, setbacks, buffers and screens shall be proportionate to the proposed use therein. Buffer landscaping standards, Section 18-1533, Table 1 shall serve as a guide to establish compatibility, however, City Council may exceed these recommended standards to the extent necessary based upon the degree of potential incompatibility between abutting or functionally abutting land uses both within and outside of MUPUD boundaries. Where a proposed MUPUD is separated from an adjacent existing land use by a one hundred (100) feet wide right-of-way or easement such adjacent land shall not be considered to functionally abut.

(c)

Height. Flexibility in building height will be allowed provided that the proposed height is compatible with the surrounding neighborhood. Increased setbacks and buffering to compensate for added building height may be considered to reduce the impact on abutting properties.

(d)

Master Plan Review—Alternative Review Procedure. Projects that do not require Development of Regional Impact Review (F.S. ch. 380.06) shall have approved by City Council a Master Plan consistent with the requirements of Section 18-1540.3 for each phase being considered for specific approval by City Council. Remaining phases can be conceptually approved by review of a Conceptual Master Plan as discussed below. Projects that do require a Development of Regional Impact (DRI) development order or prospective sites of twenty-five (25) acres or more may elect the following Conceptual Master Plan Approval Process.

(e)

For projects described in Subsection (d) above a Conceptual Master Development Plan may be approved by City Council, however, for each increment of development proposed a Master Plan consistent with Section 18-1540.3 shall be approved prior to the issuance of building permits. Preliminary Site Plans for parcels that do not abut or functionally abut a residential district may be approved by the City Manager upon the recommendation of the Community Development Administrator if said plans are consistent with the Conceptual Master Plan approved by City Council at a public hearing. Development increments that do abut or functionally abut a residential district must be approved by City Council but without the necessity of a public hearing. At a minimum, the Conceptual Master Development Plan shall include the following and shall not be considered complete unless all are submitted and approved together:

(1)

General information as enumerated in Section 18-1529.3(D).

(2)

Proposed densities and intensities of development for each increment expressed as dwelling units per acre, type of dwelling unit (single-family detached, single-family attached, multi-family) for residential development and floor area ratio, building height and total gross square footage of nonresidential development.

(3)

Existing conditions as enumerated in Section 18-1529.3(D)2.

(4)

Master Right-of-Way Plan including typical sections for each street type proposed, internal vehicle and pedestrian circulation and provisions for mass transit.

(5)

Master Buffer Plan including typical sections for each buffer, i.e. perimeter, streetscape.

(6)

Master Drainage Plan.

(7)

Master Utilities Plan.

(8)

Master Signage Plan.

(9)

Geographic and Chronologic Phasing Plan. Where streets and utilities are existing at the time of Conceptual Master Plan consideration a geographic phasing plan shall not be required.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

The City Manager may approve minor changes in the location, size or height of structures, single-family detached residential setbacks, signage and other improvements authorized by the adopted Master Plan provided that the intent of the plan is not changed and provided the proposed change is not in conflict with paragraph (B) below. Minor changes include any change that has no material impact on the character of the approved Master Plan or the relationship between phases of the Master Plan or between the PUD and adjacent development, including, but not limited to:

1.

Deviations arising from limited technical considerations which could not reasonably be anticipated during the approval process;

2.

Amendments required to bring the application into compliance with adopted technical codes;

3.

Driveway relocations;

4.

Facility design modifications for design, recreational or other amenities;

5.

Substitutions of landscaping materials, so long as the substituted material has substantially similar characteristics as the approved landscaping;

6.

Realignments of internal streets prior to final plat approval as long as the realignment does not reduce the gross area of common areas or open spaces, reduce residential lot sizes, eliminate required buffers or create street alignments that fail to conform with City standards;

7.

Modifications to dwelling types that produce no increase to the density, parking demand or trip generation within the applicable phase;

8.

Modifications to residential setbacks;

9.

Changes to the size or height of structures not located on parcels abutting the boundary of the PUD;

10.

Changes to the design, location, or orientation of buildings that have no substantive impact on adjacent properties within adjoining the PUD;

11.

Minor changes to the design of signs that do not increase their height or area; and

12.

Expansions of buffers, open spaces and landscape areas.

(B)

In such cases where the applicant proposes any amendment to an approved Master Plan, except as defined as minor changes in paragraph (A) of this section, the amendment shall be processed through the Planning and Zoning Commission and City Council as a new PUD application, including fees, public hearing and notification as set forth in this Article. These major changes include, but are not limited to any change that:

1.

Increases the gross floor area of any nonresidential building.

2.

Increases the number of structures or the number of dwelling units.

3.

Increases the gross density as specified by the adopted Master Plan.

4.

Rearrangement of any lot, block, building tract or common open space as shown on the adopted Master Plan so that the intent of the plan is altered.

5.

Changes any use to a substantially different use not originally approved on the adopted Master Plan.

6.

Significantly changes the location or amounts of land devoted to specified land uses on the adopted Master Plan.

7.

Changes the intent of the Master Plan as adopted by City Council.

8.

Changes any boundary of the planned unit development.

9.

Transfers and/or amends the densities among the undeveloped phases of the PUD.

(C)

PUD INSPECTIONS TO ASSURE CONFORMANCE. If the site is found to be in violation of the Master Plan, the City shall have the authority to withhold building permits and/or certificates of occupancy until the site is brought into conformance with the adopted Master Plan.

(D)

VARIANCES.

1.

In any case where the strict application of the requirements of this Article present an undue hardship, City Council may waive in whole or in part, one (1) or more of the requirements imposed under said Article. In no case shall any required landscaped area or strip be eliminated in its entirety.

2.

In determining whether such requirements shall be wholly or partially waived, City Council shall consider the following criteria: Character of the immediately surrounding development; size of parcel; configuration and natural features of the land to be developed; adequacy of off-site improvements; traffic impacts; and nature of the proposed development.

3.

All variances approved by City Council shall be delineated on the Master Plan.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)102., 3-14-2019)