(a)

Planned development districts are intended to be established for: Specialized purposes, where a proposed project warrants greater flexibility than a standard district provides; when the Comprehensive Plan requires a planned development review process; or when the ability to attach conditions to a site plan is warranted.

(b)

Planned development may be used as a means to permit developments when the innovative use of buffering and modern design techniques to mitigate the external impacts of development and create a superior physical environment. Through the utilization of a planned district, the City Commission may allow identified use types, provide for the safe, efficient, convenient, harmonious groupings of structures, uses, facilities, and support uses; for appropriate relationships of space, inside and outside buildings, for intended uses; for preservation of desirable natural features; and minimum disturbance of natural topography.

(c)

Within Planned Development Districts, regulations are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are intended to control unscheduled development on individual lots; to promote economical and efficient land use; improve levels of amenities for harmonious, creative design, a better living environment, and conservation of environmentally sensitive lands and other City amenities.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

The proposed plans shall be consistent with the City of Palmetto Comprehensive Plan provisions and any specific requirements of the City of Palmetto Comprehensive Plan may not be modified by specific approval. Comprehensive Plan requirements include the following:

(a)

Future Land Use Map. Planned Development (PD) zoning districts are allowed within all Comprehensive Plan Future Land Use Map categories. The proposed PD zoning district shall be consistent with the Comprehensive Plan, provided however, a PD zoning district greater than 10 acres in size shall be located only in the Planned Community Future Land Use category.

(b)

Density/Intensity. Density and/or intensity shall not exceed maximums established in the Comprehensive Plan. Densities/intensities shall be established after consideration of the Comprehensive Plan policies.

Planned developments shall meet the requirements of all other sections of this Code, including, but not limited to, parking, landscaping, and open space requirements, as well as the subdivision and other city codes as applicable.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

In addition to any requirements provided herein, the application shall be in the form and information as prescribed by the Public Works Director.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

All land included for purpose of development as a Planned 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 rezoning to Planned Development shall present firm evidence of unified control of the entire area within the proposed Planned Development together with a certificate of apparent ownership and encumbrance with the opinion of a Florida licensed attorney 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 these regulations. As part of the application process, the applicant shall state, in writing, its agreement to:

(a)

Proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to the Planned Development plan;

(b)

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 are not to be provided, operated, or maintained at public expense; and

(c)

Bind their successors in title to any commitments made under (a) and (b) preceding.

All such agreements and evidence of unified control shall be examined by the city attorney and no Planning Development shall be approved without a certification by the attorney for the applicant that such agreements and evidence of unified control meet the requirements of these zoning regulations.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

After receipt of a complete application and review by the Public Works Director, the Public Works Director shall schedule for the Planning and Zoning Board to hold a public hearing to discuss the zoning and the plan.

(a)

Planning and Zoning Board review. The Planning and Zoning Board shall review the application and make its recommendations to the City Commission within thirty (30) days of the close of the public hearing unless additional time is agreed to by the Applicant. Such recommendation:

(1)

May be for approval;

(2)

May be for approval, but with any modifications or revisions through conditions necessary to ensure code compliance of the application; or

(3)

May be for denial of the application.

(b)

City Commission review. The Public Works Director shall schedule for the City Commission to review the application and the findings and recommendations of the Planning and Zoning Board within sixty (60) days after receipt of the Planning and Zoning Board recommendation, unless additional time is agreed to by the Applicant. The City Commission shall approve, approve with modifications or revisions through conditions necessary to ensure code compliance of the project, or deny the application. If the application is denied, the City Attorney shall prepare a written final order of denial for action by the City Commission.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

Development Plans shall be reviewed for compliance with the following criteria in the staff review of the development plan and the consideration of the site plan by the Planning and Zoning Board and City Commission.

(a)

Physical Characteristics of the Site; Relation to Surrounding Property. The tract shall be suitable, or it shall be possible to make the tract suitable, for development in a manner proposed without hazard to persons or property, on or off the tract.

(b)

Relation to Public Utilities, Facilities and Services. Planned Development shall be located in relation to transportation systems, sanitary sewers, emergency services, schools, public safety, water lines, storm and surface drainage systems and other utilities systems and installations to ensure that services can reasonably be expected to be available at the time of occupancy.

(c)

Relation to Major Transportation Facilities. A Planned Development, where appropriate because of the size or intensity of proposed districts, shall be so located with respect to expressways, arterial and collector streets or mass transit facilities, and shall be so designed, as to provide access to and from such districts without creating excessive traffic along minor streets in residential neighborhoods outside the district.

(d)

Compatibility. Development plans for a Planned Development shall be designed so as to minimize the negative effects of external impacts resulting from factors such as traffic, noise or lights. Project control shall be accomplished through such techniques as buffering, architectural design, site design, height limitations, and density or intensity limitations.

(e)

Transitions. Development plans for a Planned Development shall be responsive to the character of the area.

(f)

Design Quality. All Planned Development shall be designed in such manner to address all of the criteria as set forth in this section and shall generally be superior in design to conventional development site plans, and consistent with all other factors in this Section. All Planned Developments proposing specific approval of requirements for development under standard zoning district regulations shall be designed so as to be sensitive to the impacts of the specific approval requested. Staff may request an applicant to provide proposed architectural renderings or elevations for proposed non-residential development and multi-family developments. However, for non-residential development and multi-family developments located on properties subject to the design requirements of the City's Downtown Design Code shall provide proposed architectural renderings or elevations to demonstrate compliance with the Downtown Design Code.

(g)

Relationship to Adjacent Property. All Planned Development shall include additional screening, buffering, transitional uses or other design features as necessary to adequately protect existing or probable uses; and shall provide functional and logical linkages to activity centers and circulation facilities on adjacent properties. Such requirements may take into account whether the project is in the urban areas.

(h)

Access. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes, or traffic dividers and extra width of the approach street shall be required where existing or anticipated traffic flows indicate need.

Vehicular access to streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely, and in a manner which minimizes traffic friction, and excessive interruptions. Pedestrian access shall, where practical, be separated from vehicular access points.

(i)

Streets, Drives, Parking and Service Areas. Streets, drives, parking and service areas shall provide safe and convenient access to all buildings and general facilities. Commercial and office uses shall be grouped in relation to parking areas so that after visitors arrive by automobile, establishments can be visited with a minimum of internal automotive movements. Facilities and access routes for deliveries, servicing and maintenance shall be located and arranged to prevent interference with pedestrian traffic to the extent permittable.

For all new rights-of-way and private streets in Planned Developments, the following minimum design considerations shall be adequately addressed:

(1)

Safe traffic patterns for vehicular and pedestrian traffic;

(2)

Structural stability of all construction materials;

(3)

Utility distribution, power, sewer, cable, potable water and fire protection routing, location, and sizing;

(4)

Horizontal and vertical sight distances;

(5)

Logical future extension of inter-neighborhood ties; and

(6)

Parking needs of the development.

(j)

Multimodal and Pedestrian Systems. Development plans for Planned Development shall provide internal or external walkways where multimodal or pedestrian circulation requires them.

(k)

Natural and Historic Features, Conservation and Preservation Areas.

Development plans for Planned Development shall be designed to preserve the natural features of the land, such as existing trees and natural topography, and archaeological and historic resources, as much as possible.

(l)

Density/Intensity. Planned Development densities and intensities shall be established after consideration of the Comprehensive Plan criteria and limits, neighborhood compatibility, transitions, and site design. Density and/or intensity shall not exceed maximums established in the Comprehensive Plan.

(m)

Height. Heights of structures in Planned Development shall be determined after review of the nature of area being developed and surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed, and shall be subject to Section 9.7 height restrictions.

(n)

Fences and Screening. Fences or vegetative screening at periphery of a Planned Development shall be provided, where appropriate, to protect occupants from undesirable views, lighting, noise or other off-site influence, or to protect occupants of adjoining districts from similar adverse influences.

(o)

Yards and Setbacks. Yard and setback requirements shall be consistent in a Planned Development to promote general health, safety, welfare, design excellence and neighborhood compatibility. All proposed setbacks shall be shown on the Conceptual or General Development Plan or preliminary site plan in either graphic or tabular form.

(p)

Trash and Utility Plant Screens. In the Planned Development, all central refuse, trash and garbage collection containers shall be screened from sight or located in such a manner so as not to be visible from any public area within or adjacent to the Planned Development.

(q)

Signs. Signs in the Planned Development District shall be in accordance with the Code of Ordinances and permitted separately through the Building Department.

(r)

Landscaping. Landscaping shall be equal to or exceed the standards stipulated pursuant to the Code of Ordinances.

(s)

Environmental Factors.

(1)

Water Conservation. Creative site development concepts shall be used in order to promote water conservation. Water requirements may be reduced by providing for:

a.

The preservation of existing plant communities;

b.

The reestablishment of native plant communities;

c.

Limited amount of lawn grass areas;

d.

The use of site specific plant materials;

e.

The use of shade trees to reduce transpiration rates of lower story plant materials;

f.

Site development that retains stormwater runoff on site;

g.

The use of pervious paving materials;

h.

Site development that addresses the carrying capacity of the land in its present form; and

i.

Other environmentally sensitive site development concepts.

(t)

Rights-of-Way and Utility Standards. All improvements shall adhere to the requirements of the City's adopted standards.

(u)

Stormwater Management. Stormwater management facilities shall adhere to the requirements of the Southwest Florida Water Management District rules, Code of Ordinances and City's adopted standards.

(v)

Consistency with Comprehensive Plan. No Planned Development shall be approved if it is inconsistent with the Comprehensive Plan.

(w)

Other Factors. Other factors shall be considered which:

1.

Views from designated connector roadways shall be designed to provide an aesthetic appearance;

2.

Prohibit visible exterior storage;

3.

Prohibit parking and loading areas adjacent to connectors roadway;

4.

Provide quality construction material and superior design;

5.

Maximize use of buffers and berms; and

6.

Otherwise encourage the establishment of high quality projects adjacent to U.S. 41, 8th Avenue West, 10th Avenue West and 10th Street West. In the case of a development plan subject to Board approval (for example, a Conceptual Development Plan or General Development Plan) such factors shall be addressed and considered in the staff review of the site plan and the consideration of the site plan by the Planning and Zoning Board and City Commission.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

The purposes of these requirements are to establish a general checklist for the preparation and review of the development plan. The requirements serve to identify the standards from which the proposal shall comply, unless otherwise approved by the City Commission with the development plan.

(a)

Minimum setbacks:

(1)

Perimeter landscaped setback of thirty-five (35) feet between the walls of all structures and the perimeter of a district.

(2)

For single family residential projects of more than five acres, perimeter landscaped buffer: fifteen (15) feet between the walls of all structures and the perimeter of the district.

(3)

Individual lot setback:

a.

Front yard setback: Twenty-five (25) feet from right-of-way or edge of roadway in the case of lot adjoining a private drive or roadway.

b.

Side yard setback: Five (5) feet in all other locations.

c.

Rear yard setback: Fifteen (15) feet in all other locations.

(4)

Structures over thirty-five (35) feet in height: Additional one (1) foot of setback at ground level for each additional two (2) feet of height.

The minimum setback requirements in 9.7(a)(1), (2), (3), and (4) shall not apply to properties governed by the Downtown Design Code. For those properties, setbacks shall be established by the site plan and approved by City Commission.

(b)

Height: Building height in a specific Planned Development district shall be determined after review of the nature of surrounding land uses to ensure that the proposed development will not create any external impacts that would significantly adversely affect surrounding development, existing or proposed. Building height shall not exceed fifteen (15) stories or one-hundred and sixty-five (165) feet, whichever is less.

(c)

Minimum off-street parking and loading requirements: Off-street loading shall be located and designed to ensure that it does not encroach on any public or private drive or roadway, and shall meet the requirements of Chapter 28 of the Code of Ordinances.

(d)

Frontage and accessibility: Frontage and accessibility for each use shall be from either a public street directly or via an approved private driveway, pedestrian way, court or other area dedicated to public or private use or common element guaranteeing access.

(e)

Underground utilities: All utilities, including telephone, television cables, and electrical systems, shall be installed underground. Appurtenances to these systems which require aboveground installation must be screened. Primary facilities providing service to the site of the PD may be excepted.

(f)

Solid waste containers: All central refuse, trash and garbage collection containers shall be screened from sight or located in such a manner so as not to be visible from any street within or adjacent to the PD district. Individual garbage containers not exceeding a twenty-gallon capacity are permissible.

(g)

Minimum common open space and recreation areas: Twenty-five (25) percent of the gross site acreage shall be delineated as tracts for common open space and recreation areas. This Section 9.7(g) shall not apply to properties governed by the Downtown Design Code. For those properties, setbacks shall be established by the site plan and approved by City Commission.

For purposes of this article, common open space and recreation areas are defined as the total amount of improved usable area, including outdoor space, permanently set aside and designated on the site plan as common open space or recreation area for use by residents of the PD. Common open space shall be integrated throughout the planned development or provide for a linked recreation/open space system. Such usable space may be in the form of active or passive recreation areas including, but not limited to: playgrounds, golf courses, beach frontage, nature trails and lakes. Common open space shall be improved to the extent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoyment of the residents of the PD.

Easements, parking areas, storage and utility areas, perimeter setback areas, road right-of-way and minimum yards, and minimum spacings between dwelling units may not be included in determining open space. Perimeter setback areas may be included as open space if improvements such as bikeways, pedestrian ways or equestrian trails are provided.

Water bodies may be used to partially fulfill common open space requirements; calculations for such may not exceed fifty (50) percent of the required open space. The exclusion of water bodies which are in whole or part drainage easements may be waived by the City Commission after adequate measures are provided which guarantee in perpetuity a level of water quality acceptable for recreational purposes. Private navigable canals shall not be utilized in fulfilling the common open space requirement beyond that which is allowed pursuant to water bodies as previously provided. All water area included as part of the open space requirement shall be permanent water bodies and shall be improved with 5:1 minimum sloped edge extending at least twenty (20) feet into the water areas, and planted with grass and maintained around all sides so as not to harbor mosquitoes, insects and rodents, unless it is determined by an environmental review of the water body that such slope or improvements would be detrimental to the ecology of such water body site. The foregoing requirements relating to water areas to be included in the open space requirements shall apply to existing water bodies whether natural or manmade. Existing water bodies may be left in their natural state and need not be improved or sloped.

Where a golf course is utilized to partially fulfill the open space requirement, other facilities to meet the active residential needs of children and adults shall be provided.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

Specific Approval from non-procedural Code provisions may be requested by the applicant but must be identified on the Development Plan and approved by the City Commission. Where there are conflicts between the Planned Development non-procedural provisions and general zoning, subdivision or other applicable regulations, those shown on the Planned Development plans as "specific approvals" shall apply if approved by the City Commission. The proposed Development Plan shall be consistent with the City Comprehensive Plan provisions which may not be modified by specific approval. To obtain specific approval, the applicant shall identify in writing how the proposed specific approval meets the following criteria:

(a)

The proposed specific approval is equal to or superior to addressing impacts of the Planned Development;

(b)

Will not impact surrounding properties adversely compared to the existing Code requirement;

(c)

Is consistent with the intent of the Code; and

(d)

The specific approval is in the best interest of the health, safety and welfare of the City and its residents.

The City Commission shall review the requests for specific approval and determine as part of it motion whether to grant specific approval.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

Prior to application for Final Development Plan approval or Final Subdivision Plat approval, if required, the applicant shall provide a legally constituted maintenance agreement for improving, perpetually operating, and maintaining the common facilities including private streets, drives, parking areas, and common open space and recreation facilities, or shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documentation shall be done through either an association or some form of municipal services taxing or benefit unit with appropriate easements to the City. Such documentation shall be reviewed and approved by the City Attorney.

Such agreements may be changed from time to time provided the new agreement continues to guarantee the perpetual operation and maintenance of the common open space and recreation area and is approved by the City Commission.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

(a)

Minor Modifications: The City Commission may approve any modification of an approved development plan which is of a minor nature and not contrary to the intent and purpose of the development plan approval. The City Commission may approve such minor modifications upon making a finding that such changes are:

(1)

Not a substantial deviation as set forth in subsection (b) below, from an approved development plan;

(2)

In accordance with all applicable regulations in effect at the time of the amendment;

(3)

A person seeking a minor modification may only seek a minor modification for the same change more than once, if the cumulative impact does not result in a substantial modification.

(b)

Substantial modification: The following requested changes to an approved development plan constitute a substantial modification and shall be subject to City Commission approval:

(1)

An increase in intensity of use. An increase in intensity of use shall be considered to be an increase of more than five (5) percent usable floor area, or an increase of more than three (3) percent in the number of dwelling units, or an increase of more than five (5) percent in the amount of outside land area devoted to sales, displays or demonstrations. In no case shall the intensity or density be increased over the maximum in the General Development Plan.

(2)

Any change in parking areas resulting in an increase or reduction of five (5) percent or more in the number of spaces approved.

(3)

Structural alterations significantly affecting the basic size and form of the building(s) as shown on the approved plan. Changes in form will only be considered substantial if they occur within two hundred (200) feet of the boundary of the subject property.

(4)

Any reduction in the amount of open space of more than five (5) percent or any substantial change in the location or characteristics of open space.

(5)

Substantial changes in location or type of pedestrian or vehicular accesses or circulation.

(6)

An increase in traffic generation by more than ten (10) percent.

(7)

Any increase in the area allocated to any land use type by more than ten (10) percent.

(8)

An increase in structure height greater than three (3) feet.

(9)

Any change in the number of pedestrian or vehicular access points.

(10)

Any changes in the phasing schedule.

(11)

Any changes in yards of more than ten (10) percent.

(12)

Any change in a condition specifically required by the City Commission.

(13)

Any change which requires specific approval.

If any of the above changes are present, the change shall be considered a substantial modification and shall be processed in the same manner as a new application.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

Upon approval of a development plan, the Applicant shall be entitled to file the next level of development plan for any or all phases of the development. If developed in phases, the Final Development Plan shall identify all development with Final Development Plan approvals, the date of those approvals and all development without Final Development Plan approval in a table on the cover sheet. Each phase shall be identified by a roman numeral denoting the phase.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)

Development Plans approved after adoption of this ordinance, shall be valid for three (3) years from the date of approval by the City Commission unless specifically approved for a longer period by the City Commission as a condition of approval due to the size or nature of the project. After review of any changing code conditions, a maximum of two (2) one-year extensions may be requested and may be approved by the City Commission without public hearing upon request of the applicant.

(Ord. No. 2023-05, § 2(Exh. A), 3-4-24)