(A)

It is the intent and purpose of this district to provide, upon specific application and through the processes of unified planning and coordinated development, for the creation of new neighborhood or community areas offering a physical, social, and economic environment of high quality. Specific objectives of the district include the establishment of an orderly pattern of land uses geared to accommodate both near-term and long-term community needs; the efficient and economical use of land; and appropriate and harmonious variety in physical development; creative design; a high level of living and working amenities, including plentiful open space and recreation opportunities; efficient and effective systems of public facilities and services; a high degree of compatibility with adjacent and nearby existing and future development; appropriate conservation and preservation of natural features and resources; and the staging of development so as to best serve the general welfare of the City.

(B)

Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulation, and other applicable City regulations to the same degree as in instances where City regulations are intended to control development on a lot-by-lot basis rather than on a unified development approach. However, it is essential that the regulations and requirements applying to planned unit developments be sufficiently flexible in structure so as to encourage creative and imaginative design in planning and development. Where there are conflicts between the requirements of the general provisions of this chapter or other applicable codes of the City and the requirements established by official action upon a specific planned unit development, the latter requirements shall govern.

(Ord. No. 98-84, § 1, 3-22-99)

For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning:

Planned Unit Development (PUD). Land planned under unified control and developed in a coordinated manner in one (1) or more development phases for uses and structures well suited to the development itself and the surrounding area of which it is a part, according to an approved conceptual plan of development, and with programs for full maintenance and operation of any facilities and services, not to be dedicated to, and accepted by, a public agency for public ownership, operation and maintenance. PUD's may be for commercial, office, industrial, institutional or residential development or for a mixture of various land uses.

(Ord. No. 98-84, § 1, 3-22-99)

In reaching recommendations and decisions as to rezoning land to PUD classification, the Planning and Zoning Board and the City Council shall apply the following standards in addition to the standards and procedures of sections 158.315 through 158.322 applicable to the rezoning of land generally:

(A)

Area Requirement. In general, the area of a proposed planned unit development district will have to be of substantial size to permit its design and development as a cohesive unit fulfilling the stated purpose and objectives of these regulations and to +establish the district as a meaningful segment of the larger community. Each proposed district shall therefor be evaluated as to its adequacy in size with respect to both the nature and character of its internal design and to its specific location within the City. The minimum size of a PUD district to be considered for establishment shall be two (2) acres.

(B)

Relation to Major Transportation Facilities. PUD districts shall be so located with respect to arterial or major streets, highways, collector streets, or other transportation facilities as to provide suitable access to those districts without creating or generating traffic along minor streets in residential areas or districts outside the PUD districts.

(1)

The minimum number of residential development access points shall be determined per the National Fire Protection Association 1141 Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas, 2017 Edition (NFPA 1141); or as determined by a traffic study or the Fire Marshal, whichever is more stringent.

a)

The secondary access point shall be located on a different public roadway than the primary access and on different sides of the development where feasible. When the public roadway is not yet constructed to the secondary access point, installation of the secondary access point shall include construction of the public roadway up to the secondary access point at a minimum; and which shall be constructed in conformance with the City's Engineering Standards for Land Development.

b)

When an access point is provided as an emergency use only, per the NFPA 1141, the access point must utilize a stabilized, pervious surface approved by the City Engineer and Fire Marshal.

(C)

Relation to Utilities, Public Facilities, and Services. PUD districts shall be required to obtain developers agreements regarding provision of utilities, to meet the requirements of the Comprehensive Plan regarding levels of service (LOS) for public facilities and to meet the requirements of Chapter 160, Concurrency Management System.

(D)

Physical Character of the Site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of soil, ground water level, drainage, and topography shall be appropriate to both kind and pattern of use intended.

(E)

Consistency with the City Comprehensive Plan. To be eligible for consideration, a PUD rezoning proposal must be found to be consistent with all applicable elements of the City's adopted Comprehensive Plan with respect to both its proposed internal design and its relationship to adjacent areas and the City as a whole.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 23-53, § 2, 11-27-23)

In order to permit maximum flexibility in the design of a proposed planned unit development, no specific permitted uses are established. Uses permitted within a PUD district shall be only those residential, cultural, recreational, business, commercial, industrial, and related uses as are deemed by the City Council to be fully compatible with each other, with the context of the proposed development as a whole, and with the zoning and land use patterns of surrounding areas. The type, general location, and extent of all proposed uses shall be clearly designated as part of the conceptual development plan, and approval of those uses or types of uses as part of a rezoning amendment shall constitute the permitted land use requirements of a particular PUD district to the same extent and degree as were those permitted uses specifically included within these regulations. Any proposed change of approved land usage, other than necessary minor refinements in size, configuration, or location as may be required in the preparation of the detailed development plans, shall require a new hearing and approval action in accordance with the administrative review and approval procedures herein established. Accessory uses normally associated with the uses permitted as part of the approval action upon a specific PUD proposal shall be permitted at those locations and in an intensity as normally provided for that development within other zoning districts of the city, unless accessory uses are expressly prohibited within the approval action or are otherwise regulated by that action.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

Residential Density. The number and type of residential dwelling units to be permitted within a PUD district or within specific portions of a PUD district shall be as determined by the City Council and stipulated within the approval action. Maximum gross residential density of a PUD district shall be determined by the densities set forth in the City's Comprehensive Plan.

(B)

Access. Every dwelling unit or other use permitted within a PUD district shall have access to a public or private street (of the type required for the PUD under subsection 158.172(B)) either directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access.

(C)

Internal Lots and Frontage.

(1)

No minimum lot sizes or minimum yards are established for a PUD district under these regulations. However, the applicable minimum lot size and yard size requirements of conventional zoning districts shall be utilized wherever proposed PUD development is essentially equivalent to that development permitted under conventional zoning district classifications. In addition, wherever land within a PUD district has frontage upon preexisting public roads, the front yard requirement of the conventional zoning district most applicable to the use or uses proposed for that land shall apply; and wherever yards within a PUD district abut a conventional zoning district, those yards shall comply with the yard requirements of the conventional zoning district. Where appropriate, the City Council may stipulate minimum lot sizes and minimum yard requirements as part of the approval action.

(2)

Land area which would normally be required for residential lots, but which is not so used under the permitted lot size reduction provisions of this section of the chapter, shall be devoted instead to common open space for the enjoyment and use by residents of the development and shall be preserved into perpetuity as open space.

(D)

Minimum Living Area. The minimum living area requirements shall be as stipulated within the approval action.

(E)

Maximum Building Height. The maximum height of all residential structures not within a PUD, shall be thirty-five (35) feet. Within a PUD, greater than five (5) acres, the maximum height permitted is seventy-five (75) feet. Any structure greater than thirty-five (35) feet in height shall be required to maintain a setback from the property line of such PUD of one hundred (100) percent of the building height, except for PUDs located within the Port St. Lucie Community Redevelopment Area. The maximum height for commercial, office, and institutional uses within a PUD located in the Port St. Lucie Community Redevelopment Area may be one hundred twenty (120) feet or ten (10) stories, whichever is less. All such height requests are contingent upon the approval of a master plan and elevation drawings, which illustrate that the proposed height is compatible with the surrounding land uses. The applicant is required to provide adequate information to support the compatibility of the proposed taller structures with the surrounding land uses.

(F)

Provision for Vehicular and Pedestrian Circulation.

(1)

The street and roadway pattern within a PUD shall be designed so as to take advantage of existing natural features and shall provide for a logical and orderly movement of vehicular traffic throughout the development. Provisions shall be made for the reservation or dedication of all rights-of-way needed for the improvement of existing streets or the construction of new streets indicated within the City's adopted Comprehensive Plan. The internal street system shall be properly coordinated with all existing streets and roadways at the project's boundaries, and all streets shall be designed in accordance with City standards and requirements including section 156.098 which limits cul-de-sac lengths to a maximum of one thousand (1,000) feet.

(2)

Reductions of right-of-way widths below those normally required may be granted in specific cases where the City Council finds lesser widths are appropriate due to the unique design of the PUD.

(3)

Provision shall be made within a PUD for the separation of vehicular and pedestrian traffic, and a system of sidewalks or pedestrian ways shall be incorporated into the PUD design for the exclusive use of pedestrians.

(G)

Off-Street Parking and Off-Street Loading Requirements. Off-street parking and loading facilities shall be provided as set forth within section 158.221. Modified parking and loading facilities may be approved for a PUD provided that they fulfill the purpose and intent of section 158.221. A professional parking analysis justifying such modifications must be submitted with any application or amendment to a PUD requesting such modifications.

(H)

Provision for Public Facilities and Services. Provision shall be made within a PUD district for all public facilities and services deemed essential by the City Council for location and establishment within that district. Required sites for facilities and services shall be of such sizes, proportions, and location so as to effectively serve their intended purposes in a manner beneficial to future residents of the development and to the City as a whole. These sites shall be dedicated to the City or other applicable public body at no cost.

(I)

Underground Utilities. Within a PUD, all utilities, including telephone, television cable, and electrical systems shall be installed underground. Appurtenances to these systems which require above-ground installation shall be effectively screened and, thereby, may be exempted from this requirement. Primary facilities providing services to the site of the PUD may be exempted.

(J)

Protection of Natural Features. Provision shall be made within the design of a PUD for the protection and conservation of significant natural features within or adjacent to the site. Where any alteration of those features is required as part of the development proposed within the PUD district, the developer shall replace the altered features with natural features or areas acceptable to the City.

(K)

Landscaping and Buffering. Landscaping and buffering requirements are subject to Chapter 154. An alternative landscape plan may be approved for a PUD provided that it fulfills the purpose and intent of Chapter 154. Wherever essential to ensure compatibility, land use areas within a PUD shall be suitably screened from each other and from adjacent development or roadways outside the PUD by appropriate buffering materials. Buffering shall be provided by use of natural vegetation, landscaping berms, or decorative wood or masonry walls.

(L)

Commercial and Industrial Development. In general, commercial or industrial uses within a PUD district shall be only those deemed essential to serve the needs of the PUD residents and not the general needs of the surrounding area. However, where it is found by the City that the lands within a proposed PUD district are appropriately located and of proper size and configuration so as to serve an existing or future need or commercial or industrial development of the larger community, provision for the development may be included within that proposed PUD district. No commercial or industrial uses shall be approved as part of a PUD unless the location, site size, and proposed intensity of those uses are found to be consistent with the City's adopted Comprehensive Plan.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 02-92, § 1, 11-25-02; Ord. No. 05-27, § 1, 3-14-05; Ord. No. 15-85, § 1, 12-7-15; Ord. No. 19-66, § 2, 10-14-19)

The procedure for rezoning of land to PUD classification is set forth within sections 158.315 through 158.322 and applying to the rezoning of land generally.

(A)

Applications, Materials to be submitted. In addition to information required for application for rezoning generally under sections 158.315 through 158.322, the applicant shall submit the following materials or data:

(1)

A statement presenting firm evidence of the unified control of the entire area within the proposed PUD. The applicant shall State agreement to: proceed with the proposed development according to the provisions of these zoning regulations and any conditions as may be attached to the rezoning of the land to PUD; provide agreements, contracts, deed restrictions, and sureties acceptable to the City for completion of the development according to the plans approved at the time of rezoning to PUD, and for continuing operation and maintenance of those areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and bind all successors in title to any commitments made under this subsection (A)(1). All agreements and evidence of unified control shall be examined by the City Attorney and no rezoning of land to PUD classification shall be adopted without a certification of the City Attorney that agreements and evidence of unified control meet the requirements of these zoning regulations.

(2)

A statement as to the density of development sought for the PUD and the supporting evidence or documentation as the applicant may feel is pertinent to enable the Planning and Zoning Board and the City Council to determine whether or not the density of development requested is reasonable and proper.

(3)

A conceptual development plan at the appropriate scale containing:

a.

PUD name, date, north arrow, and the legal description, boundary dimensions and area in acreage of the property;

b.

Name and address of owner, surveyor, engineer, and any other professional consultants involved with the generation of the plan information;

c.

Total gross acreage and square feet or acres devoted to various uses by type and density;

d.

A general location map showing relationship of the proposed PUD to surrounding development including surrounding future land use and zoning;

e.

The location of existing and proposed streets, easements, drainage areas, common areas such as parks and open space, water courses, and other existing important physical features in or adjoining the property;

f.

Delineation of all wetlands and upland habitat areas;

g.

General character, size, and location of buildings, parking areas, landscape and buffer areas, minimum lot size and total number of lots, if applicable; and

h.

Phase boundaries and schedule of project completion by phase, if applicable.

(4)

Proposed zoning district regulations such as minimum rear side, and front yards, maximum building coverage, minimum building height (nonresidential only), permitted uses and accessory uses, minimum lot requirements, minimum internal rear, side or front yards, minimum living area, as may be relevant to the PUD proposed.

(5)

A statement showing proposed modifications of zoning or other applicable City regulations where it is intended by the applicant that the modification serves the public interest to an equivalent degree.

(6)

Where necessary due to the unique character of the land involved, the size or intensity of the proposed development, or the types of proposed uses, the applicant may wish to submit or may be required by the City to submit one (1) or more of the following: an ecological survey; a comprehensive drainage study; a school impact study, including a letter from the county school board in keeping with the provisions of F.S. § 235.193; a recreation impact study; a traffic impact study; or a marketability study.

(C)[(B)]

Procedures. On applications for rezoning of land to PUD classification, the Planning and Zoning Board and the City Council shall proceed in general as for other applications for rezoning of land and approval of a conceptual site plan. PUD's generally require several revisions to the conceptual development plan prior to a final recommendation. The applicant should consider this in scheduling for final approvals.

(1)

The site plan review committee shall review each PUD plan and vote to recommend approval, to recommend approval with conditions, or to recommend denial of the conceptual development plan. The recommendation shall be forwarded to the Planning and Zoning Board with the application.

(2)

In recommending rezoning of land to PUD classification, the Planning and Zoning Board may recommend and the City Council may attach suitable conditions, safeguards, and stipulations, including but not limited to the following:

a.

Types or categories of land uses to be permitted within the district or specified portions thereof;

b.

Residential density to be permitted within the district or specified portions thereof;

c.

Minimum building lot sizes, required yards, building setbacks, floor area requirements, and maximum impervious surface area to be permitted within the district or specified portions thereof;

d.

Intensity of nonresidential uses to be permitted within the district or specified portions thereof, including square footage and floor area, height of structures, and amounts of land to be utilized for parking and other open space activities;

e.

Amounts, locations, and types of recreational areas, parks, open spaces, and facilities to be provided within the district or specified portions thereof, with dedication thereof to the public at no cost;

f.

Provisions to be made for necessary public facilities or services required by the district or specified portions thereof, with dedication thereof to the City or other applicable public body at no cost;

g.

Method of staging of various development phases within the district, including both the sequence and timing of those phases and the required dates for filing of final development plans.

(3)

In the application of those conditions and stipulations, applicable standards set forth within the conventional zoning districts of this Code shall be utilized wherever possible. Any conditions, safeguards, and stipulations made at the time of rezoning to PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, safeguard, or stipulation shall constitute a violation of these zoning regulations.

(4)

A statement as to the density of development sought for the PUD and the supporting evidence or documentation as the applicant may feel is pertinent to enable the Planning and Zoning Board and the City Council to determine whether or not the density of development requested is reasonable and proper.

(5)

A conceptual development plan which is processed under sections 158.235 through 158.245

(6)

Proposed zoning district regulations such as minimum rear side, and front yards, maximum building coverage, minimum building height (nonresidential only), permitted uses and accessory uses, minimum lot requirements, minimum internal rear, side or front yards, minimum living area, as may be relevant to the PUD proposed.

(7)

A statement showing proposed modifications of zoning or other applicable City regulations where it is intended by the applicant that the modification serves the public interest to an equivalent degree.

(8)

Where necessary due to the unique character of the land involved, the size or intensity of the proposed development, or the types of proposed uses, the applicant may wish to submit or may be required by the City to submit one (1) or more of the following: an ecological survey; a comprehensive drainage study; a school impact study, including a letter from the county school board in keeping with the provisions of F.S. § 235.193; a recreation impact study; a traffic impact study; or a marketability study.

(D)[(C)]

Procedures. On applications for rezoning of land to PUD classification, the Planning and Zoning Board and the City Council shall proceed in general as for other applications for rezoning of land and approval of a conceptual site plan. PUD's generally require several revisions to the conceptual development plan prior to a final recommendation. The applicant should consider this in scheduling for final approvals.

(1)

The site plan review committee shall review each PUD plan and vote to recommend approval, to recommend approval with conditions, or to recommend denial of the conceptual development plan. The recommendation shall be forwarded to the Planning and Zoning Board with the application.

(2)

In recommending rezoning of land to PUD classification, the Planning and Zoning Board may recommend and the City Council may attach suitable conditions, safeguards, and stipulations, including but not limited to the following:

(3)

Types or categories of land uses to be permitted within the district or specified portions thereof;

(4)

Residential density to be permitted within the district or specified portions thereof;

(5)

Minimum building lot sizes, required yards, building setbacks, floor area requirements, and maximum impervious surface area to be permitted within the district or specified portions thereof;

(6)

Intensity of nonresidential uses to be permitted within the district or specified portions thereof, including square footage and floor area, height of structures, and amounts of land to be utilized for parking and other open space activities;

(7)

Amounts, locations, and types of recreational areas, parks, open spaces, and facilities to be provided within the district or specified portions thereof, with dedication thereof to the public at no cost;

(8)

Provisions to be made for necessary public facilities or services required by the district or specified portions thereof, with dedication thereof to the City or other applicable public body at no cost;

(9)

Method of staging of various development phases within the district, including both the sequence and timing of those phases and the required dates for filing of final development plans.

(10)

In the application of those conditions and stipulations, applicable standards set forth within the conventional zoning districts of this Code shall be utilized wherever possible. Any conditions, safeguards, and stipulations made at the time of rezoning to PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, safeguard, or stipulation shall constitute a violation of these zoning regulations.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)

Each establishment of a PUD district shall be by the means of an ordinance duly adopted by the City Council in conformity with all procedures of law pertaining to rezoning of land within the City. Any said ordinance shall incorporate the conceptual plan and all stipulations and conditions embodied within the approval action.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

Major changes to conceptual plans approved as a part of the rezoning to PUD may be permitted. Changes to an approved PUD which would be considered major are as follows:

(1)

An overall increase in number of dwelling units of over one (1%) percent.

(2)

A reduction of the area set aside for community open space or a relocation thereof of more than five (5%) percent.

(3)

An overall increase in proposed floor area of over five (5%) percent.

(4)

An overall increase by more than five (5%) percent of the total impervious surface area.

(5)

An increase in the number of floors of a building or an increase in height, except as permitted by Sec. 158.177(D).

(6)

A modification in original design concept, such as an addition of land use category, change in traffic pattern or access and egress, or an increase of traffic generation exceeding that previously submitted by more than ten (10%) percent.

(7)

Any increase or decrease of more than ten (10%) percent of the total land area occupying a particular land use.

(B)

To apply for a major change in conceptual plans, the developer or his successors in interest shall submit the following information to the office of the Zoning Administrator.

(1)

An up-to-date statement presenting evidence of unified control of the entire area within the PUD and a renewed agreement to all provisions set forth in subsection 158.175(A)(1) and affected by the proposed changes.

(2)

A written statement clearly setting forth all proposed changes in the conceptual plan, setting forth in comparable fashion all applicable plan data and for both the currently approved conceptual plan and the conceptual plan as proposed for change.

(3)

Revised copy of the conceptual development plan containing all proposed changes.

(4)

A revised copy of all other documents or reports submitted as part of the original application and affected by the proposed changes.

(5)

Revised copies of any additional covenants, agreements, or stipulations made a part of the original approval action and affected by the proposed changes.

(C)

Any application for major changes in conceptual plans is subject to the requirements as set forth for rezonings in this chapter and shall be submitted to the site plan review committee and Planning and Zoning Board for review and recommendation, and the recommendations of the committee and board shall be entered into the official record of the application and shall be considered by the City Council prior to the taking of official action upon application. Any proposed change in conceptual plans as set forth above shall be considered a major change and shall require a rezoning application meeting all applicable requirements of this chapter for PUD rezoning.

(D)

The Planning and Zoning Director may consider and administratively approve the following minor changes to an approve PUD:

(1)

Minor changes which do not trigger the standards listed under Section 158.177 A).

(2)

Reduction in the number of dwelling units or a decrease in floor area.

(3)

Reduction in the number of dwelling units or floor area in one phase of the project with a corresponding increase in the number of units or square footage in another portion of the project.

(4)

Minor changes to the configuration of uses, open space, stormwater, utility, and roadways to overcome a particular difficulty or to achieve a more functional and desirable use of the property than was originally anticipated provided the proposed changes do not alter the intent and purpose of the approved overall development plan, do not alter the intent and purpose of the associated PUD concept plan, and do not conflict with a specific provision of the adopted PUD approval.

(5)

Minor changes to maximum height limits that do not exceed thirty-six inches.

(E)

The Planning and Zoning Director may refer minor changes to an approved PUD to the Site Plan Review Committee and/or the City Council. Any denial of a proposed change by the Director or the Site Plan Review Committee may be appealed to the City Council. To apply for a minor change in conceptual plans reviewed by the Planning and Zoning director, the developer or his successors in interest shall submit the following information to the Planning and Zoning Director:

(1)

A written statement clearly setting forth all proposed changes in the conceptual plan and regulation book, setting forth in comparable fashion all applicable plan data for both the currently approved conceptual plan and regulation book.

(2)

Revised copy of the conceptual plan containing all proposed changes.

(3)

Proof of ownership of the property(s) that is the subject of the proposed changes.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15; Ord. No. 23-82, § 2(Exh. A), 1-8-24; Ord. No. 25-24, § 2(Exh. E), 5-12-25)

(A)

If the final development plan as set out in section 158.179 has not been filed for approval within two (2) calendar years of the date of rezoning of land to PUD, or within one (1) calendar year following a stipulated date for filing in case of a phased PUD development, then the PUD classification shall remain on the land, but plan approval shall be required by the City Council with procedure as for a new application for rezoning (including payment of fees). Extensions of time limits may be granted by the City Council upon due cause being shown.

(B)

The request for an extension must be in writing to the Zoning Administrator prior to the expiration date. Failure to apply for an extension prior to the expiration date shall cause the PUD plan to expire without notice on the expiration date. If the request is timely filed, the PUD plan shall remain valid until the request for an extension is acted upon by the City Council; provided, however, that after the initial plan or extension expiration date, no final development plan shall be approved until the request for an extension of plan approval is acted upon by the City Council.

(C)

All applications for extensions to development timetables must include specific reason(s) why the authorized timetable deadline cannot be met. The request for an extension shall be reviewed by staff to ensure that the proposed extension is in compliance with the current Comprehensive Plan, Land Development Regulations, and other city requirements. Each extension shall be limited to a maximum period of two (2) years and shall not exceed 4 years in total.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)

Plans for development of land rezoned in PUD shall be processed in accordance with procedures established in the City's subdivision regulations or site plan review requirements. The same information and data shall be furnished at each stage of plan approval as is required for subdivision or site plan submission. The final development plan required and submitted shall be in substantial compliance with the conceptual development plan submitted as part of the application for rezoning to PUD. In addition to the provisions of the subdivision regulations or site plan review requirements found to be applicable, the following information shall be provided (where applicable, typical or standardized data may be provided for divisions (A) through (D) below):

(A)

Building locations and architectural definitions of all structures proposed which are a part of the project shall be depicted upon the tentative plan or plat and the supplementary materials.

(B)

Master landscape plan depicting existing and proposed vegetation and locations thereof on the site.

(C)

Walls and planting screens, locations, heights, and materials.

(D)

(1)

Tabulations analyzing the number of total gross acres in the project and the percentages thereof proposed to be utilized by the several building types, other nonresidential uses, off-street parking and off-street loading, streets, recreation areas, parks, schools, and other reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units.

(2)

Prior to approval of a final development plan, the developer shall file, as specified at the time of rezoning, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities to be held in private ownership, including streets, drives, parking areas, and open space and recreation facilities; or he shall file all documents as are necessary to show how the common areas are to be improved, operated, and maintained. These documents shall be subject to the approval of the City Attorney.

(Ord. No. 98-84, § 1, 3-22-99)

Application for and consideration of any variances from the terms of an established PUD district shall be in accordance with procedures set forth within sections 158.295 through 158.302.

(Ord. No. 98-84, § 1, 3-22-99)

No building permit 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 rezoning to PUD classification and plans submitted under section 158.237.

(Ord. No. 98-84, § 1, 3-22-99)

Existing PUD districts for which concept development plans have been approved shall be eligible to proceed under the terms of the approval action of the concept development plans, but those PUD districts shall be fully subject to the provisions of section 158.178, establishing a time limit for proceeding with the final development plan. Existing PUD districts for which no concept development plans have been approved shall be required to meet all requirements for concept development plan submittal and approval within one (1) calendar year from the effective date of passage of these revised PUD regulations. In the event application for concept plan approval is not made within that period, the City Council may take steps to rezone the affected property to a conventional zoning district classification deemed appropriate. One (1) six-month extension of this provision may be granted by the City Council upon due cause shown.

(Ord. No. 98-84, § 1, 3-22-99)

Fees for the filing of PUD applications and final development plans shall be established by the City Council.

(Ord. No. 98-84, § 1, 3-22-99)