a) Overview. A Planned Unit Development Overlay (PUD-O) District shall constitute an amendment to the Zone District Map. It shall be controlled by a PUD Plan and PUD Agreement that is approved as part of the Planned Unit Development Overlay (PUD-O) zone district classification. The procedure requires review and recommendation of approval, approval with conditions or disapproval by the Planning Commission and review and approval, approval with conditions or disapproval by the City Commission. Subsequent to development of a Planned Unit Development Overlay (PUD-O) district, a site plan shall be approved pursuant to § A-8.3H: Site Plan.
b) General. The procedures and requirements for a Planned Unit Development Overlay (PUD-O) district classification shall comply with the requirements of § 8.1: General Provisions.
 

1) The proposed uses for the development may be varied from the permitted uses and special uses for the underlying base zone district identified in § 4.1: Use Table.
2) The dimensional standards may vary from the requirements in § 5.1: Residential District Standards.
3) The development is comprehensively planned and integrated, compact, and, where possible, linked by pedestrian ways to surrounding properties.
4) The development is compatible with the character of surrounding land uses and maintains and enhances the value of surrounding properties.
 

b) Signs. Signage complies with Chapter 7: Signs, except that signage standards may vary from Chapter 7: Signs, if a comprehensive sign plan for the proposed development is submitted that is determined to be suitable for the PUD Plan, and it is consistent with the intent and purpose of the sign regulations.

c) Public Facilities.

1) The PUD Plan demonstrates a safe and adequate on-site transportation circulation system that is integrated with the off-site transportation circulation system of the City.
2) The PUD Plan demonstrates a safe and adequate on-site system of potable water and wastewater lines that can accommodate the proposed development, that are efficiently integrated into off-site potable water and wastewater public improvement plans.
3) Adequate off-site facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads is planned and programmed for the development proposed in the PUD Plan, and the development is conveniently located in relation to schools and police protection services.
4) The improvements standards applicable to the public facilities that will serve the site comply with the relevant City regulations. Provided, however, the development may deviate from the City's road standards so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development, when the following minimum design principles are followed:

(a) The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access is provided by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement Internal pathways are provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site.
(b) Roadways are designed to permit access by emergency vehicles to all lots and/or units. An access easement is granted for emergency vehicles and utility vehicles, as applicable, to use roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities.

(c) Principal vehicular access points are designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian, or bicycle traffic. Where a PUD-O district abuts a major collector, arterial road, or highway, direct access to the road or highway from individual lots, units, or buildings is not permitted, unless specifically approved as part of the PUD-O district.
 

d) Open Space. The development proposed in the PUD Plan complies with the following open space standards:

1) A minimum of 35% of the gross land in the PUD Plan is reserved for common recreation and usable open space. Parking areas, street right-of-way and minimum yard setbacks shall not be counted when determining usable open space. Water bodies and floodplains that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the development.
2) All privately owned common open space shall continue to conform to its intended use, as specified in the PUD Plan. To ensure that all the common open space identified in the PUD Plan will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the partition of any common open space.
 

e) Natural Resource and Environmental Protection. The PUD Plan complies with the current regulatory standards of this Ordinance and other relevant City, state and federal regulations related to natural resource and environmental protection.

f) Phasing. The PUD Plan includes a phasing plan for the development, if appropriate, with specific build-out dates and the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area. If development of the planned unit development is proposed to occur in phases, then guarantees shall be provided that project improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the City, are constructed with the first phase of the project, or, if this is not possible, then as early in the project as is technically feasible.

g) Consistent With Comprehensive Plan. The PUD Plan is consistent with the City's Comprehensive Plan.
 

h) Complies With This Ordinance. The PUD Plan complies with all other relevant requirements of this Ordinance.
 

5. Conditions. The Planning Commission shall have the authority to recommend and the City Commission shall have the authority to impose such conditions on a Planned Development (PUD) Overlay zone district classification and PUD Plan that are necessary to accomplish the purposes of this Ordinance.
 

6. Planned Unit Development (PUD) Agreement. Concurrent with the approval of the adopting ordinance for the PUD Overlay zone district classification and the PUD Plan, a PUD Agreement shall be established binding the Planned Development to any conditions placed in the adopting ordinance and PUD Plan. To the degree necessary and appropriate, the PUD Agreement shall include, but is not limited to conditions related to: design requirements; a phasing plan; open space; a comprehensive sign plan; landscaping; parking; and public facility improvements and phasing.

7. Placement of Planned Unit Development (PUD) Overlay District Designation on Official Zone District Map. After final approval of the adopting ordinance for the Planned Unit Development Overlay (PUD-O) zone district classification, the PUD Plan and PUD Agreement, the City Planner shall amend the Zone District Map to show a Planned Unit Development Overlay (PUD-O) zone district classification.

8. Recordation. The applicant shall record the adopting ordinance for the Planned Unit Development Overlay (PUD-O) zone district classification, the PUD Plan and the PUD Agreement with the County Registrar of Deeds. They shall be binding upon the landowners, their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration, design guidelines and all other elements and conditions set forth on the PUD Plan and PUD Agreement. The applicant shall submit proof to the City Planner that the adopting ordinance, PUD Plan, and PUD Agreement have been recorded with the County Registrar of Deeds within 180 calendar days of its approval or the adopting ordinance, PUD Plan, and PUD Agreement shall be rendered invalid and the property shall return to its prior zone district classification.

9. Effect. Approval of an adopting ordinance for a Planned Unit Development Overlay (PUD-O) zone district classification, the PUD Plan and PUD Agreement shall constitute a Zone District Map classification and recognition by the City that the landowner may proceed, consistent with the PUD Plan and PUD Agreement to develop the land, with appropriate site plan review and permit approvals.

10. Expiration. 

a) General. The approval of a PUD Plan, and PUD Agreement if applicable shall be null and void unless construction of required improvements is commenced and diligently pursued to completion, and a site plan is submitted for at least the initial phase of the PUD Plan within three years after the date of approval of the Planned Unit Development Overlay (PUD-O) Overlay zone district classification. Such time period will not be extended with transfer of ownership.

b) One Extension. Upon written request, one extension of time may be granted by the City Commission for a period not to exceed one year for good cause shown. No request for an extension shall be considered unless a written request is submitted to the City Planner no later than 30 days prior to the date the PUD Plan is to expire. The approval shall be deemed extended until the City Commission has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall render invalid the PUD Plan, and PUD Agreement if applicable.

c) Effect of Invalidation. If an adopted PUD Plan, and PUD Agreement if applicable, becomes invalid through the operation of Subsection (a) or (b) above, no further development within the approved PUD-O zone district may take place until a new PUD Plan, and PUD Agreement if applicable, has been approved in the same manner required for the approval of the original PUD Plan. At any time after the invalidation of a PUD Plan, and PUD Agreement if applicable, the City Commission may, upon its own initiative, rezone the property in the approved PUD-O districts back to the zone district that existed prior to the approval of the PUD-O district, or to any other zone district consistent with the Comprehensive Plan.
 

11. Minor Deviations. A minor deviation to a PUD Plan and/or a PUD Agreement may be approved by the City Planner. In making a decision on a minor deviation the City Planner shall identify the facts and standards of this section that permit the approval or disapproval of the minor deviation. A minor deviation shall be limited to technical or engineering considerations first discovered during actual development that could not reasonably be anticipated during the approval process or any other change that has no material effect on the character of the approved planned unit development or any of its approved terms or conditions, as long as it complies with the standards of this Ordinance. Minor deviations shall be limited to the following:

a) Height. An increase of building height by not more than 10%, as long as the height increase is consistent with the contextual height of the surrounding buildings and structures and the PUD Plan.
b) Alteration of the Building Envelope. Alteration of the building envelope of up to 10%, provided such alteration does not materially change the design of the development approved in the PUD Plan, and does not change the number of stories, density or intensity.
c) Reduction of Open Space. Reduction of the total amount of open space by not more than 1%, as long as 20% of the project is maintained in open space.
d) Parking Spaces. A decrease of parking spaces by not more than 5%, if it is demonstrated that the minor deviation complies with requirements of Article 7: Parking and Loading Regulations of Chapter 50: Zoning.
e) Relocation of Buildings. Relocation of buildings or uses, as long as they maintain the same general building relationships, topography, landscaping, and utility design and are consistent with the PUD Plan, as long as any required setbacks are maintained.
 

12. Amendments. An amendment to a PUD Plan and/or PUD Agreement may be made only pursuant to the procedures and standards for its original approval.
See Table 8.3-1 in § A-8.3A for a list summarizing the development review procedures for all types of applications for development approvals and other permits outlined in this section.