It is the intent of this article to:

(1)

Encourage the development of large tracts of land as planned neighborhoods or communities.

(2)

Encourage flexible and creative concepts of site planning.

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas.

(4)

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this chapter.

(5)

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lower development and housing costs.

(6)

Provide an environment of stable character compatible with surrounding residential areas.

(7)

Encourage a variety of housing types within the planned development in an orderly relation to one another and to existing land uses, with due regard to the comprehensive plan for the city.

(Code 1981, app. C, § 26-8(1))

The uses permitted within a planned unit development shall include the following:

(1)

Single-family detached dwellings.

(2)

Single-family attached dwellings.

(3)

Townhouses.

(4)

Multifamily dwellings, including high-rise apartment buildings.

(5)

Churches, schools, community or club buildings, and similar public or semipublic facilities.

(6)

Commercial and industrial uses provided that the location is appropriate in relation to other land uses.

(Code 1981, app. C, § 26-8(2); Ord. No. 12-15, § 1, 3-8-2012)

(a)

Unity. A parcel which is proposed for a planned unit development shall be in single ownership or control.

(b)

Maximum density. The maximum density of a planned unit development shall not exceed that allowed in the district within which the planned unit development is approved.

(c)

Access. Every dwelling unit or other use permitted in the planned unit development shall have access to a public street 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. Permitted uses are not required to front on a dedicated public road.

(d)

Internal lots and frontage. Within the boundaries of the planned unit development, no minimum lot size, minimum yards, or maximum height of structures shall be required.

(e)

Open space requirements. There shall be no minimum open space requirement for planned unit developments; however, each planned unit development proposed within the City of Palatka must include provisions for open space, with particular reference to the preservation of natural features indigenous to the site. For purposes of this section, neither the waters of the St. Johns River or land or water bodies located off-site shall be included in determining open space.

(f)

Underground utilities. Within a planned unit development, all utilities, including telephone, television cable and electrical systems shall be installed underground, applicable only for new construction. Appurtenances to these systems which require aboveground installation must be effectively screened, and thereby may be excepted from this requirement. Primary facilities providing service to the site of the planned unit development may be excepted.

(g)

Off-street parking requirements. Off-street parking requirements for uses within a planned unit development shall be as provided in article V of this chapter.

(h)

Minimum living area for dwelling units: 500 square feet

(i)

See also appendix C.

(Code 1981, app. C, § 26-8(3); Ord. No. 05-34, § I, 6-23-2005; Ord. No. 05-37, § I, 8-25-2005; Ord. No. 06-26, § I, 5-25-2006; Ord. No. 12-15, § 1, 3-8-2012; Ord. No. 2022-06, § XXV, 8-25-2022)

(a)

All land included for the purpose of development as a planned unit development shall be under the legal control of the applicant, whether that applicant be an individual, partnership or corporation, or group of individuals, partnerships or corporations. Applicants requesting approval of a planned unit development shall present firm evidence of unified control of the entire area within the proposed planned unit development, together with a certificate of apparent ownership and encumbrance, with the opinion of counsel representing the developer establishing that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of this chapter.

(b)

The applicant shall state agreement to:

(1)

Proceed with the proposed development according to the provisions of this chapter and such conditions as may be attached to the conditional use permit for the planned unit development;

(2)

Provide agreements, contracts, deed restrictions and sureties acceptable to the city commission for completion of the development according to the approved plans, and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense; and

(3)

Bind the applicant's successors in title to any commitments made under subsections (1) and (2) of this subsection.

All such agreements and evidence of unified control shall be examined by the city attorney, and no planned unit development shall be approved without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of this chapter.

(Code 1981, app. C, § 26-8(4))

(a)

Pre-application conferences. Prior to filing of a formal application for a planned unit development, the applicant is required to confer with the planning director in order to review the general character of the plan (on the basis of a tentative land use sketch if available), and to obtain information on projected programs.

(b)

Development plan.

(1)

Filing. An applicant shall file a petition with the building and zoning department for the approval of planned unit development in accordance with the requirements of section 94-3. This application shall be supported by a development plan and a written summary of intent and shall show the relation between the proposed development and the surrounding area, both existing and proposed. This supportive material shall be submitted to the planning board for review.

(2)

Contents. The following information shall be presented on the development plan:

a.

A general location map.

b.

Existing topographic conditions, including contour intervals of one foot, based on field surveys or photogrammetric methods.

c.

The existing and proposed land uses and the approximate location of all buildings and structures.

d.

The approximate location of existing and proposed streets and major thoroughfares.

e.

The approximate location of all existing and proposed utilities, including a preliminary utility and drainage plan.

f.

The present zoning pattern and existing land uses in the area.

g.

A legal description of the subject property.

h.

The location and use of existing and proposed public, semi-public or private community facilities, to include, but not be limited to, areas dedicated for use for emergency services, schools, and parks. Existing or proposed areas intended for public use shall be so dedicated or reserved for such use.

i.

If a proposed development creates special problems, or involves unusual circumstances, additional information may be required in order to properly evaluate the proposal as follows:

1.

An off-street parking and loading plan.

2.

An economic feasibility report or market analysis.

3.

A traffic study of the area, and a circulation plan within the development and to and from existing streets and thoroughfares.

4.

Other information as may be required.

(3)

Additional information. The written statement submitted with the development plan shall include the following information:

a.

An explanation of the character of the proposed development, including a summary of acres, dwelling units and gross density by type of land use.

b.

A general statement of the proposed development schedule and progression of unit division or staging.

c.

Agreements, provisions and covenants which govern the use, maintenance and protection or the development of common or open areas as required in section 94-234.

(c)

Action by planning board. After a public hearing, the planning board may recommend to the city commission that the planned unit development request be granted, be granted subject to stated stipulations and conditions, or be disapproved. In making its recommendation, the planning board shall find that the plans, maps and documents submitted by the applicant and presented at the public hearing do or do not establish that the applicant has met the requirements of section 94-3 applicable to the approval of conditional use permits generally, and in addition that:

(1)

The tract for the proposed planned unit development is suitable in terms of its relationship to the comprehensive plan and that the area surrounding the proposed planned unit development can continue to be developed in coordination and substantial compatibility with the planned unit development proposed.

(2)

The desirable modifications of general zoning or planned unit development regulations, as applied to the particular case, justify such modification of the regulations, and meet, to at least an equivalent degree, the regulations, based on the design and amenities incorporated in the site development plan.

(3)

Increased open space over conventional development is provided for the occupants of the proposed planned unit development and, if appropriate, the general public.

(d)

Binding nature of approval. All terms, conditions, safeguards and stipulations made at the time of approval for planned unit development shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition or safeguard shall constitute a violation of this chapter.

(e)

Identification of district on official zoning map. The boundaries of all land approved for development as a planned unit development shall, after such approval, be indicated on the official zoning map, and the appropriate zoning district designation, together with the symbol "PUD," shall be indicated therein. (e.g., R-1A/PUD)

(Code 1981, app. C, § 26-8(5); Ord. No. 06-26, § I, 5-25-2006; Ord. No. 12-15, § 1, 3-8-2012)

(a)

At the option of the applicant, a preliminary subdivision plat may be filed with the development plan for a planned unit development in order that tentative approval of the subdivision by the planning board may be granted.

(b)

In no case shall subdivision approval precede approval of the development plan.

(Code 1981, app. C, § 26-8(6))

The building official shall issue building permits for the structures in the area covered by the approved development plan for a planned unit development if they are in substantial conformity with the approved development plan, the development schedule and other applicable regulations.

(Code 1981, app. C, § 26-8(7))

Any major or substantial change in the approved development, the density of land use pattern, the location or dimensions of streets, or similar substantial changes to a planned unit development shall be reviewed and approved by the city commission subsequent to receipt of the recommendation of the planning board. A request for the revision of the development plan shall be supported by a written statement of why the revisions are necessary or desirable.

(Code 1981, app. C, § 26-8(8))

Approval of a planned unit development by the city commission shall be in effect for at least a two-year period; however, if no construction has begun within two years after approval of the development plan, or if the applicant fails to maintain the approved development plan schedule, the approval of the development plan shall lapse and be of no further effect. At its discretion and for good cause, the city commission may extend for one additional year the period for beginning construction. If the approval of a development plan lapses under this section, the city commission shall take the necessary rezoning action to remove the planned unit development and any underlying zoning approved through any rezoning action which occurred concurrently with the planned unit development review and approval from the official zoning map, file a notice of revocation with the recorded development plan, and reinstate the zoning district and regulations which were in effect prior to the approval of the development plan and any concurrent rezoning action approved at the time of adoption of the planned unit development.

(Code 1981, app. C, § 26-8(9); Ord. No. 05-24, § I, 5-12-2005)