§ 151.061  PMD PLANNED MIXED DEVELOPMENT DISTRICT.
   (A)   Purposes of district. The Planned Mixed Development District (PMD) is established to allow planned development as an option in designated areas. The purposes of this section are to provide an alternative form of development that:
      (1)   Eliminates standards dimensional requirements while reserving sufficient natural open space for common use;
      (2)   Enhances the physical appearance of the town by preserving the town’s natural assets and distinctive character;
      (3)   Promotes more efficient use of land and provision of public facilities, utilities, streets and services;
      (4)   Provides the opportunity for innovative combinations of housing, light industrial, commercial, recreation/tourism uses and professional services within a single development;
      (5)   Conserves natural and environmental resources and the integrity of natural systems;
      (6)   Encourages innovative mixture of development so that land use demands are met by a greater variety of types, designs and layouts of structures and infrastructure;
      (7)   Provides a mechanism to relate the type, design and layout of proposed development to the specific characteristics of a particular parcel; and
      (8)   Encourages creative and site-sensitive developments by allowing increased overall density in exchange for planned mixed development pursuant to this chapter.
   (B)   Permitted uses.
      (1)   All planned mixed developments shall permit the following residential, community, institutional, commercial and tourism uses:
         (a)   Detached single-family dwellings;
         (b)   Two-family dwellings;
         (c)   Multi-family dwellings;
         (d)   Accessory buildings or uses;
         (e)   Recreation or park facilities;
         (f)   Retirement facilities;
         (g)   Municipal buildings or uses;
         (h)   Schools;
         (i)   Churches;
         (j)   Boat marinas;
         (k)   Hotels and other recreational tourism facilities;
         (l)   Retail stores;
         (m)   Personal services;
         (n)   Business and professional offices;
         (o)   Restaurants;
         (p)   Day care centers;
         (q)   Community walls; and
         (r)   Municipal service lots.
      (2)   Planned mixed developments comprising 50 acres or more may contain light industrial uses, as defined in § 151.056; provided, the industry, in no way, involves any junk or salvage operations, no open storage of junk or salvage materials, and that any noise, vibration, smoke, gas, fume, odor, dust, fire hazard, dangerous radiation or other injurious or obnoxious conditions related to the operation are not sufficient to create a nuisance beyond the premises.
   (C)   Standards.
      (1)   Planned mixed developments shall contain not less than 20 acres.
      (2)   Planned mixed developments shall be served by municipal water and sewer service.
      (3)   Allowable base residential density. Overall residential density shall not exceed eight dwelling units per acre dedicated to uses other than the commercial uses set forth in division (B)(2) above. This base residential density may be increased by the Town Council pursuant to the density bonus options contained in division (F) below.
      (4)   Conservation lands. Lands with the following characteristics shall not be developed and shall not be platted as part of a residential, community, institutional, commercial or light industrial lot within a planned mixed development: land within the 100-year floodplain; land with a natural slope in excess of 40%, as determined by standard slope computation methods; and nontidal wetlands. These lands shall be designated on the plat for conservation purposes. Conservation lands may be used in computing the allowable base residential density.
   (D)   Open space standards.
      (1)   Planned mixed developments shall reserve a minimum of 35% of the acreage of the parcel as dedicated natural open space.
      (2)   Up to 25% of this requirement may be satisfied with land covered by storm water detention or retention basins, if the Town Council determines that a water body or basin is suitable for the purposes set forth in division (A) above. The dedicated open space shall not be included in subdivision lots or in lot size calculations. Dedicated open space shall include the land necessary to provide access to the open space.
      (3)   Land characterized as conservation lands in division (C)(4) above may be used to fulfill the minimum dedicated natural open space requirement at the following ratio: one acre of conservation land may be applied to the natural open space requirement as one-half of an acre. A maximum of 50% of the total dedicated natural open space within a planned mixed development may be fulfilled with conservation lands.
      (4)   Dedicated open space shall have shape, dimension, character, location and topography to accomplish the open space purposes specified in division (A) above and to ensure appropriate public access.
      (5)   Dedicated open space land shall be shown on the preliminary planned mixed development plat and shall be labeled to specify that the land has been dedicated to open space purposes. The plat shall specify that the open space land shall not be further subdivided or developed and is permanently reserved for natural open space purposes.
      (6)   (a)   Dedicated open space may include the following public property at the town’s discretion:
            1.   Portions of Lake R.B. Russell;
            2.   Land designated as collar land or operational property controlled by the U.S. Army Corps of Engineers; and
            3.   Property designated as federal or state parks.
         (b)   Public property designated as dedicated open space shall be shown on the preliminary planned mixed development plat. No conveyance is required for public property; public property shall be maintained by the appropriate public agency.
      (7)   The open space shall be conveyed by the applicant as a condition of plat approval and may be conveyed by any of the following means as determined by the Town Council:
         (a)   Deeded in perpetuity to a governmental body;
         (b)   Reserved for common use or ownership of all property owners within the development by covenants in the deeds approved by the Town Attorney. A copy of the proposed deed covenants shall be submitted with the application;
         (c)   Deeded in perpetuity to a private, non-profit, tax-exempt organization legally constituted for conservation purposes under terms and conditions that ensure the perpetual protection and management of the property for conservation purposes. A copy of the proposed deeds and relevant corporate documents of the land trust shall be submitted with the application; and
         (d)   Deeded to a property owner’s association within the development upon terms and conditions approved by the County Attorney that will ensure the continued use and management of the land for the intended purposes. The formation and incorporation by the applicant of one or more appropriate property owners’ associations shall be required prior to plat approval. A copy of the proposed property owner’s deed and the by-laws and other relevant documents of the property owner’s association shall be submitted with the application. The following shall be required if open space is to be dedicated to a property owner’s association.
            1.   Covenant providing for mandatory membership in the association and setting forth the owner’s rights, interests and privileges in the association and the common land must be included in the deed for each lot or unit.
            2.   The property owners’ association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities.
            3.   The association shall have the authority to levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities.
            4.   The applicant shall maintain control of dedicated open land and be responsible for its maintenance until development sufficient to support the association has taken place.
      (8)   The applicant shall convey or restrict the open space land by a deed instrument reviewed and approved by the County Attorney to ensure that the land will be held and managed in perpetuity for open space purposes and shall not be further developed.
      (9)   Streets and other impervious surfaces shall be excluded from the calculation of the minimum dedicated open space requirement; however, lands occupied by bike paths, landscaped grounds or similar common recreational development (excluding tennis courts, golf courses and buildings) may be counted as dedicated natural open space; provided that, impervious surfaces constitute no more than 5% of the total required open space.
      (10)   Open space shall be permanently dedicated for one or more of the, following uses: natural resource conservation, wet land and water course preservation, selective forestry, wildlife habitat, undeveloped parkland or scenic preservation.
   (E)   Off-street parking.
      (1)   The number, design, location and construction of parking lots, bays, spaces and drives shall conform to the applicable requirements of this chapter.
      (2)   Parking areas shall be planted with trees a minimum of three inches in caliper measured six inches above ground level, so that there is at least one tree per ten parking spaces within the parking lot. The trees must be staked with two three-inch diameter stakes and protected by curbing against damage by vehicles. A minimum planting area, equivalent to 162 square feet per tree shall be provided.
      (3)   Parking areas shall have a landscaped island at each end of each row of vehicle spaces and an intermediate island for every 15 or fewer vehicle spaces. The planting islands shall be not less than nine feet wide in the direction parallel to the row and not less than 18 feet long in the direction perpendicular to the row. Each island shall have a suitable curb of stone or poured-in-place concrete, and shall be planted with grass or ground cover. All hydrants shall be located in the islands.
   (F)   Landscaping and screening.
      (1)   Screening of nonresidential uses. Nonresidential uses shall be screened from residential uses within and abutting the planned neighborhood development by a bufferyard 20 feet in width containing at least three canopy trees, six understory trees and nine shrubs per 100 feet of length along with perimeter of the lot line abutting a residential use.
      (2)   Screening along public roadways. Uses within a planned neighborhood development which abut an arterial or collector street shall be screened by a bufferyard of 20 feet in width containing at least five canopy trees, ten understory trees and 15 shrubs per 100 feet of frontage. Canopy trees shall be deciduous shade trees planted at three inches in caliper with a mature height of at least 35 feet. Understory trees shall be deciduous shade or fruit trees planted at two inches in caliper with a mature height of at least 12 feet.
      (3)   Existing vegetation. Notwithstanding any other provisions of this chapter, existing vegetation shall be retained and maintained to the extent feasible in order to permit existing vegetation to fulfill or contribute to buffer and screening requirements. In lieu of strict compliance with the above bufferyard requirements, a developer may submit a detailed landscaping plan which will afford a degree of buffering and screening comparable to that provided by these regulations making use of existing and new vegetation.
      (4)   Screening of refuse collection facilities. Uses within a planned neighborhood development shall provide secure, safe and sanitary facilities for the storage and pickup of refuse. The facilities shall be convenient to collection and shall be appropriate to the type and size of use being served. All refuse storage facilities shall be screened on three sides by a solid wooden fence or masonry wall and a tight evergreen hedge. The fourth side shall be angled to minimize the view of the refuse collection facility or shall be screened by an opaque gate made of durable materials. The screening shall be of sufficient height and design to effectively screen the facility from the view from nearby residential uses, streets, adjacent properties and recreational facilities.
   (G)   Density bonuses. A residential light industrial, or general commercial density bonus of up to 20% of the allowable base density may be approved in accordance with the following standards. Density bonuses may be granted at the discretion of the Town Council, if it finds that a proposed density bonus promotes the purposes of the planned mixed development.
      (1)   Dedicated open space. Increasing the dedicated natural open space within the parcel by a minimum of 10% of the gross acreage may qualify for a bonus of up to 5% above the allowable base density. Priority shall be given to protecting existing stands of mature trees.
      (2)   Bikeways/greenways. A system of bike paths and pedestrian greenways may qualify for a density bonus of up to 5% above the allowable base density. In order to qualify, the bike paths or greenways shall form an integrated system of access within the development and to principal off-site destinations.
      (3)   Walk-up housing. A dwelling unit located above the ground floor of a structure that contains a nonresidential use on the ground floor may be applied toward the allowable base density as one-half of a dwelling unit. A maximum of 5% of the total dwelling units within a planned mixed development located within a structure that also contains a nonresidential use on the ground floor may be applied at this one-half credit.
      (4)   Community and institutional uses.
         (a)   In a PMD with 50 or more resident units or lots, a governmental service lot may be designated and dedicated. The lot shall be the greater of one-half acre or 1% of the total acreage of the PMD. Provision of such a lot shall qualify for a density bonus of 1% of allowable base density.
         (b)   In a PMD with 75 or more residential units, a parcel may be designated, dedicated and developed for use as a day care center. This lot shall have a minimum of 100 square feet per residential unit within the PMD. Provision of such a facility shall qualify for a density bonus of 2%.
         (c)   In a PMD with 100 or more residential lots or units, a community hall may be constructed, with an enclosed area of no less than 25 square feet for each residential unit or lot. Provision of such a building shall qualify for a density bonus of 2%.
   (H)   Traffic improvements. When a proposed planned neighborhood development borders on an existing street whose right-of-way, traffic carrying capacity or sight lines are inadequate to safely and efficiently accommodate the traffic generated by the proposed development, the Town Council may require the applicant to dedicate land for needed realignments or widening and to undertake or fund the needed street improvements.
   (I)   Dimensional standards.
      (1)   Street setbacks. No structure shall be closer than 25 feet to a local street and no closer than 50 feet to any other street.
      (2)   Building separation. No structure under 30 feet in height shall be located within 15 feet of any other structure. Buildings higher than 30 feet shall be separated by a distance equivalent to 50% of the height of the tallest building.
      (3)   Height limits. The height limits within a planned mixed development shall be the same as the height limits set forth in this chapter for structures in the R-8 Residential District.
   (J)   Perimeter boundary.
      (1)   No portion of a building, structure or parking area shall be located within 55 feet of abutting property that is not part of the proposed planned mixed development.
      (2)   No portion of a nonresidential use, multi-family residential use, community use, institutional use or active recreational use shall be located within 110 feet of abutting property that is not part of the proposed planned mixed development.
      (3)   The minimum front yard requirement of the R-8 Zoning District shall apply for a minimum of 200 feet from the border of a planned mixed development and adjoining property that share footage on the same side of a street.
   (K)   Multi-family residential development standards.
      (1)   Multi-family. Multi-family housing shall be either townhouses or multiplexes.
      (2)   Townhouses. The maximum number of dwelling units permitted within a townhouse structure shall be eight. Townhouse structures shall be developed in compliance with the following requirements.
         (a)   There shall be no less than two parking spaces for each townhouse unit.
         (b)   Walkways of four feet in width, constructed of concrete or brick or similar material, shall be installed from parking areas to townhouse units served by the parking areas.
         (c)   Accessory buildings shall be limited to one enclosed storage shed not exceeding seven feet in height nor exceeding ten feet in length by ten feet in width.
         (d)   The facades of townhouse units shall have variation in materials and design so that abutting units will not have the same or essentially the same architectural treatment of facades and roof lines. Garages or carports shall not be allowed in front of townhouse units.
      (3)   Multiplexes. The maximum number of dwelling units permitted within a multiplex structure shall be four. Multiplex structures shall be developed in compliance with the following requirements.
         (a)   There shall be no less than two parking spaces for each unit.
         (b)   Walkways of four feet in width, constructed of concrete or brick or similar material, shall be installed from parking areas to multiplex units served by the parking areas.
         (c)   Accessory buildings shall be prohibited.
   (L)   Utilities. Utilities, such as electric transmission, cable television lines and telephone lines, serving the open space subdivision shall be installed underground unless the Town Council grants a waiver of this provision. The Town Council may grant a waiver if it finds that underground installation would be exceptionally difficult due to unusual subsurface conditions or topographic conditions that are not generally found on other property in the area and granting the waiver will not have a significant adverse effect on adjacent property.
   (M)   Accessory structures. Accessory structures shall not be located in any front yard or within five feet of any be located within any front other structure.
   (N)   Neighborhood recreational uses. A minimum of 335 square feet for each residential unit shall be dedicated and developed for neighborhood recreational use to serve the recreational demands generated by the planned neighborhood development. This may be derived from existing park and recreational facilities currently within the boundaries of the PMD District.
   (O)   Commercial and light industrial uses development standards.
      (1)   Commercial and light industrial uses are defined in §§ 151.054 and 151.056, respectively.
      (2)   The land dedicated to commercial and light industrial uses shall not exceed 60% of the total acreage of the PMD district.
      (3)   Commercial and light industrial uses shall be designed and located with the intention of promoting the overall economic development of the town as well as serving the immediate needs of residents within and adjacent to the PMD district.
   (P)   Appearance review.
      (1)   Appearance review in conformity herewith shall be required for all proposed light industrial commercial, community, institutional or residential development within a planned mixed development to ensure conformity with the appearance standards.
      (2)   Compliance with the requirements for appearance review shall be required in addition to all other requirements.
      (3)   Appearance review will occur after rezoning, not as an element of rezoning.
   (Q)   Definitions for this section. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      COMMUNITY HALL. A structure designed and constructed for civic uses and shall include a community meeting room, a library annex, space dedicated to historical or cultural displays or uses, athletic or exercise facilities or uses deemed by the Commission to be similar in intent and function with this section.
      NEIGHBORHOOD RECREATION USE. This term shall include basketball courts, tennis courts, playgrounds, tot lots, picnic areas and the like.
      NONTIDAL WETLANDS. Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to 33 U.S.C. § 1344 of the Clean Water Act as amended.
      PLANNED MIXED DEVELOPMENT. Used in two contexts. Depending upon the context, PLANNED MIXED DEVELOPMENT refers to the development authorized by this chapter or a project which is proposed for consideration under this chapter.
      PLANNED NEIGHBORHOOD DEVELOPMENT. Used in two contexts. Depending upon the context, PLANNED NEIGHBORHOOD DEVELOPMENT refers to the development authorized by this chapter or a project which is proposed for consideration under this chapter.
(Ord. 97-04, passed 12-19-1996)