§ 153.046 APPLICABILITY.
   The procedures and standards in this section apply to the review of applications to amend the official zoning map to establish a planned development (PD) zoning district. A PD district is established by an amendment to the official zoning map to PD zoning district that is defined by a PD plan and a development agreement. Once the PD is approved, the applicant must receive approval for any site plans or subdivisions before development to ensure substantial compliance with the approved PD plan.
   (A)   Administrative procedures.
      (1)   Any request about the establishment of a planned development (PD) zoning district or changes to an existing PD district shall be considered an amendment to the Zoning Ordinance and be administered and processed accordingly per the provisions of this subchapter.
      (2)   All data about the PD shall be submitted to the Planning Commission for review, public hearing and recommendation, then forwarded to Town Council for final action. If approved by the Council, all information about the proposal shall be adopted as an amendment to the Zoning Ordinance, as the standards of development for that particular planned development district. If the owner or developer is not in agreement with the Planning Commission’s findings, they may request approval from the Town Council. A building or zoning permit shall not be issued for construction until a final plat for the PD phase in which the permit is being requested has been submitted to and approved by the Zoning Administrator.
   (B)   Standards for qualification as a planned development. Development proposed for a planned development (PD) shall meet certain basic standards to qualify for consistency with the intent of a planned development.
      (1)   Minimum size. The minimum size for a PD district shall be ten acres.
      (2)   Minimum width. The PD site must have a minimum width between any two opposite lines of 200 linear feet.
      (3)   Eligible street. The PD shall exit onto a major paved road or arterial and have a minimum frontage width on said arterial of 80 feet. A PD may not have the primary vehicular access point onto a local or unpaved street. Eligible streets for a PD primary frontage include, but may not be limited to:
         (a)   Highway 17;
         (b)   Doar Road;
         (c)   Seewee Road;
         (d)   Bulls Island Road;
         (e)   Broomstraw Hill Road;
         (f)   15 Mile Landing Road;
         (g)   Steed Creek Road;
         (h)   State Road S-10-98;
         (i)   I’on Swamp Road;
         (j)   White Road;
         (k)   Maxville Road;
         (l)   Porcher School Road;
         (m)   Alston Dingle Road;
         (n)   Louis McNeil Road;
         (o)   Thames Road;
         (p)   Jones Road;
         (q)   Union Road;
         (r)   Light Keepers Lane;
         (s)   Limehouse Road;
         (t)   Come About Way;
         (u)   Bulls Bay Boulevard;
         (v)   Guerin’s Bridge Road;
         (w)   Theodore Brunson Road;
         (x)   FS Road 5158;
         (y)   Flatfield Farm Road;
         (z)   Pointing Brittany Lane;
         (aa)   Cedar Plantation Lane;
         (bb)   Clayfield Road; and
         (cc)   FS Road 260-B.
      (4)   Mixed use standard. A PD shall demonstrate a mixed-use concept. The developer shall be responsible for illustrating how that shall be accomplished in order to meet the standard requirement.
      (5)   Minimum centrally-located open space required. A PD shall contain a minimum of 10% open space of net upland (developable) centrally-located open space. The space must be large and useable by the residents of the PD. Drainage ponds and wetlands may not qualify to meet this requirement.
      (6)   Minimum number of vehicular access points to the public road. The minimum number of vehicular access points to the public road is one per 150 parcels. A second access point may be required by the Planning Commission if it feels it will help alleviate a potential safety concern.
      (7)   Residential building types. A PD district may contain any mixture of residential building types including, but not limited to:
         (a)   Single-family detached large lot;
         (b)   Single-family detached small lot; and
         (c)   Duplex units.
      (8)   Maximum residential density. Four dwelling units per acre except within 300 feet of the OCRM critical line, where the maximum residential density shall be one unit per acre.
      (9)   Term. A PD shall stay in effect for five years from the date of Council adoption of the PD document.
      (10)   Minimum Intercoastal Waterway property impervious surface. Any PD property that is located within the first 300 feet from the OCRM critical line shall incorporate no more than 20% impervious surface, including roads, buildings and parking lots and any other paved surfaces.
      (11)   Traffic impact analysis. Any PD proposing more than 80 dwelling units shall prepare a traffic impact analysis.
      (12)   Clear cutting. Clear cutting of the existing pine tree canopy is strongly discouraged but may be permitted on a case-by-case basis if a 25-foot wide undisturbed buffer (except for required ingress and egress) is employed along all project exterior property lines; otherwise, clear-cutting is not allowed as part of the PD.
      (13)   Development impact fee. The town requires that a development impact fee of $3,000 per dwelling unit be paid to the town upon the issuance of a certificate of occupancy.
      (14)   Development agreement. The Town Council may require the execution of a development agreement to establish other development conditions not covered in a PD document.
      (15)   Other provisions. Any other provisions the Town Council determines are relevant and necessary to the development of the planned development.
(Ord. 20-8, passed 12-7-2000; Ord. 23-05, passed 6-1-2023)