Planned unit developments (PUD).
Cape Coral Land Development Code § 3.4.7
in effectSection 3.4.7. - Planned unit developments (PUD).
A. General.
1. A Planned Unit Development (PUD) is an area designed for development as a cohesive unit, where uses and innovations in design and layout of the development provide public benefits when compared to standard zoning or uniform lot and block subdivision patterns and design features.
2. In a PUD, the various land use elements are designed so that they interrelate with each other. The boundary between a PUD and adjacent land area(s) requires particular attention to ensure transition and that land use patterns are compatible.
3. Permitted uses in a PUD must be consistent with the Comprehensive Plan future land use classification for the site(s) in question.
4. All PUD applications shall be filed by the property owner. For proposed PUDs that are less than 10 acres a Master Concept Plan (MCP) is required at the time of application. For proposed PUDs that are 10 acres or greater an MCP is optional at the time of application, however, the City will not issue any development permits for an approved PUD until an MCP has been approved by the City Council.
B. Purpose and Intent. The purpose and intent of a PUD are to:
1. Innovation in Design. To encourage innovations in residential, commercial, mixed-use, and industrial development so that the needs of the population may be met by greater variety in type, design and layout of buildings and land uses and by the conservation and more efficient use of the space.
2. Appropriate Land Use. To promote the most appropriate use(s) of the land.
3. High Quality Development. To improve the design, character, and quality of new development.
4. Infrastructure. To facilitate the adequate and efficient provisions of roads and utilities.
5. Increased Compatibility. To achieve compatibility with surrounding neighborhoods and developments.
6. Provision of Open Space. To preserve open space as development occurs.
7. Clustering of Uses. To provide for necessary commercial, recreational, and public facilities that are conveniently located to housing.
8. Increased Flexibility. To provide for flexibility in design for new development and future redevelopment.
9. Comprehensive Plan. To achieve the goals of the Comprehensive Plan.
10. To provide a method for previously approved Planned Development Projects to continue to develop under the terms of an approved PDP Development Order and to allow modification to existing PDP approvals under the PUD procedures.
C. Minimum Parcel Size. The minimum parcel size for a PUD is:
1. Non-residential or mixed-use PUDs. One acre.
2. Residential PUDs. Three acres.
D. Pre-application conference required. A pre-application conference shall be held with the Development Services Department prior to the submittal of a PUD application in accordance with Section 3.1.5.
E. Application and submittal requirements. Application and submittal requirements for PUDs are established in Sections 3.1.4 through 3.1.8 of this Article. In addition, a complete PUD application shall include the following :
1. An application for a rezone to a PUD zoning district. All owners filing a PUD application shall request a rezone to one of the five PUD zoning districts identified in Section 3.4.7.F. A request to rezone shall include the following:
a. A letter of intent, including:
i. Reasons the PUD procedure is more desirable than a conventional plan;
ii. General site description including acreages; and
iii General project description.
2. A PUD Master Concept Plan (MCP). All owners filing a PUD with less than 10 acres shall include an MCP with the PUD application. Owners filing a PUD with 10 acres or greater may submit an MPC with the PUD application. For all PUDs that include an MCP, the following items shall be provided:
a. Schedule of permitted uses;
b. Location of the uses within the site;
c. Dimensional standards such as height, setbacks, and lot sizes;
d. Vehicle circulation patterns, parking areas, and points of access;
e. Pedestrian and bicycle circulation with links to other external path systems, if applicable;
f. Open space plan;
g. Landscape and buffer plans;
h. Sample formation of HOA or other organization to operate and maintain open space, common areas, and other on-site public or private improvements, if applicable;
i. Phasing plan, if applicable;
j. A detailed description of how the site will be served by utilities in the event centralized utilities have not been extended to the site by the City; and
k. Any additional information needed by the City to evaluate the project.
F. PUD Zoning Districts. Each PUD shall be rezoned to one of the following designations, based on proposed development:
RPUD - Residential PUD
CPUD - Commercial PUD
IPUD - Industrial PUD
MXPUD - Mixed-Use PUD
PFPUD - Public Facilities PUD
G. Review Standards and Criteria.
1. The proposed PUD zoning district shall meet the review criteria for rezones as set forth in Section 3.4.6.B.
2. Every PUD shall be in conformance with the City Comprehensive Plan. The maximum density or intensity within any PUD shall be consistent with the future land use designation of the site .
3. For PUDs that include an MCP, the following standards and criteria shall include:
a. Uses, densities, and intensities for each PUD are established in the PUD rezone ordinance. The approved uses, densities, and intensities for a PUD shall take precedence over other standards and requirements in these regulations.
b. Specific bulk, area, and dimensional standards shown on an MCP approved by the City shall take precedence over the standards and requirements appearing in the LDC. Elements to be evaluated for a PUD shall include:
i. Appropriateness of the proposed density or intensity of the development;
ii. Internal and external compatibility of the development and surrounding uses;
iii. Transition and separation between surrounding uses;
iv. Vehicular and pedestrian circulation patterns;
v. Arrangement and functionality of open space;
vi. Access points;
vii. Public amenities, if applicable;
viii. Additional amenities that will serve the project, if applicable; and
ix. Details and design of internal and external buffers.
c. Open Space.
i. For all PUDs except for IPUDs, a minimum of 25 percent of the total land area shall consist of common open space. The City may consider a request by the applicant for less than 25 percent common open space when deemed appropriate because of size, location, or nature of the proposed development.
ii. Areas that Do Not Count as Open Space. Parking and loading areas, streets, rights-of-way, and areas of individual residential and non-residential lots shall not count toward usable open space.
iii. Areas that Count as Open Space. Water bodies, surface water retention areas, preservation areas, and riparian areas that are preserved as open space shall count towards this minimum standard, even when these areas are not usable by tenants, patrons, visitors, or owners of the PUD.
iv. Improvements Required. All common open space and recreational facilities shall be shown on the MCP and shall be constructed according to the development schedule established for each phase of the PUD.
v. Landscaping along Sidewalks. All sidewalks within a PUD site must be shaded by canopy trees. The area used for shading the sidewalks can be considered as part of the minimum open space requirement.
vi. Maintenance of Open Space. All open space shall continue to conform to its intended use, as specified on the MCP. To ensure that open space identified in the PUD will be maintained as open space, restrictions, easements, or covenants shall be recorded in deeds or the open space areas may be dedicated to the public to ensure their maintenance and to prohibit the loss of any public open space. Any subdivision of land will require a Property Owners Association (POA) or Home Owners Association (HOA) to ensure that open spaces within a PUD are maintained. The City is not required to accept dedication of open space areas.
d. PUD Perimeter Buffers. The boundary between a PUD and adjacent land uses shall be landscaped with a buffer that has sufficient width and plantings to ensure a proper transition to increase compatibility between land uses. The buffer shall be approved by City Council.
e. Street Standards. All streets, roads, and drive aisles shall be designed and constructed in conformance with the City Engineering and Design Standards.
f. Phasing. The City may require open space areas for different phases of the development to ensure the project provides the minimum percentage of open space as set forth in Section 3.4.7.G.3.c. This requirement shall not apply to PUDs where the developer meets or exceeds the minimum open space requirement for the project in the first phase of the development.
H. MCP and concurrent Preliminary Subdivision Plan review. The approved MCP may be used for Preliminary Subdivision Plan (PSP) approval, as defined in Article 10, provided required details and information for PSP review are included in the MCP.
I. Amendments to PUDs.
1. Administrative Amendments. Minor amendments to an approved PUD may be approved administratively if there are no changes to any condition of approval except as provided herein. A major PUD amendment shall constitute any request involving a change to a condition of approval as specified in a. through d. within this subsection.
a. Density or intensity is increased by less than 10 percent over the life of the PUD.
b. Open space is decreased by not less than five percent over the life of the PUD.
c. There is no change to the schedule of approved uses for the PUD .
d. Dimensional standards are changed by no more than 10 percent over the life of the PUD.
2. Amendments that require City Council approval. Any major amendment to a PUD that does not meet the criteria in Section 3.4.7.I.1. shall be approved by the City Council based on the review criteria set forth in Section 3.4.7.I.3.
3. Review Standards for amendments. An approved PUD may be amended if the applicant demonstrates that the proposed modification:
a. Is consistent with the efficient development and preservation of the entire PUD;
b. Does not affect in a substantially adverse manner either the enjoyment of the land abutting upon, adjoining or across a street from the PUD;
c. Does not adversely affect residents in the PUD;
d. Does not contain proposed uses that detract from other uses approved in the PUD;
e. Does not contain an open space plan that differs substantially in quantity or quality from the originally approved plan; and
f. Contains streets and utilities that are coordinated with planned and existing street and utilities for the remainder of the PUD.
J. Effect of PUD approvals.
1. PUD zoning. A rezone to a PUD zoning district shall run with the land.
2. Master Concept Plans. An MCP shall be valid for any time period established in the conditions of approval for the MCP. If a specific time period is not specified then the MCP shall run with the land, except as provided in Section 3.4.7.J.3.
3. If construction has not commenced within the specified time:
a. The Master Concept Plan shall be null and void, unless an extension has been approved by the City Council; and
b. No further development shall occur, and no building permit or development order shall be issued thereafter under the terms of the existing PUD district.
4. For the purposes of this section, "construction" shall mean obtaining a building permit for a structure or structures authorized in the PUD district and initiating substantial site and structural improvements. "Construction" shall not include land clearing, land filling, grading, soil compaction, and similar activities as determined by the Director.
K. Extensions. A PUD may receive one extension upon approval by the City Council that shall be valid for two years upon a determination by the City Council that the developer is making a good faith effort to commence construction. Upon expiration of the extension, the MCP shall be null and void.
L. Conditions. In approving a PUD, the City Council may establish such conditions or require modifications as necessary to assure compliance with the intent of the LDC. The violation of any such condition or safeguard shall be deemed a violation of this section and shall be enforceable by all remedies available to the City, including, but not limited to, all code enforcement procedures.
(Ord. 48-22, § 3, 8-3-2022)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=ART3DERE_CH4SPREPRUADIPEAP_S3.4.7PLUNDEPUFetched: 11/4/2026