Cape Coral Planned Unit Developments Open Space Requirements

This rule requires that 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.