This section establishes a process that allows applicants of new multi-unit projects to obtain certain incentives if the project provides certain types of benefits to the community. Such projects may be proposed as planned unit developments.
(A) Purpose. Planned unit developments are intended to:
(1) Allow flexibility in zoning and subdivision standards in exchange for community benefits and innovative, quality design;
(2) Encourage development in accordance with an approved plan that protects adjacent properties;
(3) Encourage the preservation and enhancement of natural amenities and topographic features, historical or cultural resources and open space;
(4) Prevent disruption of natural drainage patterns;
(5) Provide for a more efficient arrangement of land uses, buildings, circulation systems and infrastructure; and
(6) Encourage infill development, harmonious neighborhood development, affordable (low and moderate income) housing, low-impact, energy efficient and innovative projects and a variety of housing types and sizes to accommodate households of with incomes representative of the community.
(B) Applicability. PUDs may be approved in any of the zoning districts.
(C) Requirements. PUDs must contain the following components:
(1) A size of at least four acres, except for infill development, where the minimum size is one acre;
(2) All of the property included in the PUD request shall be under unified ownership or a single entity’s control;
(3) A mixture of housing types and/or land uses;
(4) Interconnected streets, preferably lots and blocks with alleys;
(5) Pedestrian and bicycle facilities throughout and connecting to adjacent facilities;
(6) Architectural design standards to be implemented and enforced by a private party such as a unit owners’ association;
(7) Community facilities in common ownership and use or that are dedicated to the public;
(8) A coordinated landscape plan with landscaping and other visual buffers to contribute aesthetics and to separate any incompatible land uses in order to eliminate or minimize potential interference and nuisances on adjacent properties;
(9) Open spaces such as playground or park areas designed for active and passive users with the scale, type and natural features depending on the projected needs of the future users and occupants of the PUD; and
(10) Building sites may be clustered to preserve open space. Clustering of dwelling units and other buildings are encouraged as long as open space, recreational amenities, and emergency access are adequately planned. The Town Council may require clustering to avoid development in floodplains, wetlands, wooded ravines or other environmentally sensitive areas.
(D) Standards eligible for modification. Except as expressly approved by the Town Council, PUDs are subject to all applicable standards of the zoning regulations and subdivision regulations’ standards. The Town Council may approve PUDs that deviate from specific zoning and subdivision standards if it is determined that the resulting development satisfies the review criteria in division (G) below. A waiver of a standard does not require approval of a zoning variance by the Board of Adjustment or a variance to subdivision regulations by the Town Council. The specific standards that may be modified include:
(1) Regardless of the underlying zoning, a PUD may include a complementary mix of use types and a broader range of housing types and affordable housing options. A list of uses to be allowed in a PUD must be approved by the Town Council;
(2) Maximum density/minimum parcel size, subject to the density bonus provisions of division (E) below; provided that, the resulting density and lot sizes are adequate to safely accommodate all proposed buildings and site features and are warranted to support the public benefit likely to result from the proposed development;
(3) Setbacks, when determined to be warranted to support the public benefit likely to result from the proposed development. A minimum distance of ten feet shall be maintained between all detached buildings unless greater separation is required by fire or building codes;
(4) Building height, when determined that such an increase is warranted to support the public benefit likely to result from the proposed development, and adequate fire protection measures are ensured in consultation with the Fire Department;
(5) Maximum lot coverage; provided, erosion will be controlled and storm water is determined likely to be contained in a manner that will not negatively impact surface water quality or surrounding and down-gradient properties;
(6) Parking and loading requirements, when determined that such modifications are warranted to support the public benefit likely to result from the proposed development;
(7) Design and improvement standards of the subdivision regulations, such as those for lots, blocks, street and non-motorized transportation standards; provided, such alternative designs would better meet the purpose of this section while still providing a safe and efficient traffic flow and emergency service provider access; and
(8) Mobile homes are not allowed where prohibited, and no exception to this restriction will be granted through PUD designation.
(E) Density bonus. PUDs are allowed flexibility with minimum lot sizes, subject to the provisions below. The zoning district’s base minimum lot sizes and the types of residential development proposed in a PUD are used to calculate the base density in a proposed PUD by calculating the area on which the various types and numbers of dwelling units are proposed and applying the minimum lot sizes that would be required by the district the PUD is located in. The density bonuses and resulting allowed numbers of units are then calculated as applicable. The following maximum increases in density may be granted singularly or in total (from base density) only if the accompanying conditions are met:
(1) Twenty percent: solar, wind, geothermal or other alternative renewable energy sources will provide at least 50% of the total energy needs of the PUD;
(2) Ten percent: all dwelling units in the PUD will meet state policies and rules regarding energy-efficiency through energy efficient buildings;
(3) Up to 25%: density bonuses at percentages equal to the percentage of the property that is demonstrated to become open space, playground or park areas designed for active and passive use and either under common ownership or dedicated to the public. For example, if a project in the R-A District is comprised of ten acres and is proposed for a mixture of residential development such that a typical development using the district’s maximum allowed density/minimum lot sizes would allow 100 units, by presenting a PUD plan that devotes 20% of the development, or two acres, to open space and park areas, up to a 20% increase, or up to 120 units, could be proposed on the ten acres. If open space is 10%, the maximum bonus is 10%; if open space is 25%, the maximum bonus is 25%;
(4) Twenty percent: at least 50% of the dwelling units are to be restricted (typically via deed restrictions) by size and type for individuals meeting asset, income and minimum occupancy guidelines approved by the Town Council such that those units will constitute affordable housing;
(5) Density bonuses exceeding those listed above, and for project amenities and benefits to the community other than those listed may be granted by unanimous vote of the Town Council, following a recommendation by the Planning Board, in order to carry out the purposes of the land use policies of the town; and
(6) The bonuses listed above, when calculated in total, shall be calculated on an aggregate basis based on the base density. For example, a development that is allowed 100 units using the zoning district’s normal density /minimum lot size, which uses: to obtain a 20% bonus (20 units); to obtain a 10% bonus (ten units); to obtain a 15% bonus (15 units); and to obtain a 20% bonus (20 units), could be allowed a maximum number of dwelling units of 165.
(F) Review process. Planned unit developments are established through the approval of a PUD master site plan in accordance with this section and the subdivision regulations. A PUD may be declared as such prior to or along with preliminary plat approval; provided, the PUD request contains sufficient information for the Town Council to declare the project a PUD.
(1) At the option of the applicant, the master site plan may also serve as a preliminary subdivision plat if:
(a) Such intention is declared at the pre-application meeting;
(b) The master site plan includes all information required for preliminary plats; and
(c) The other procedural requirements of the subdivision regulations are met. If the master site plan contemplates distinct phased preliminary plats, the preliminary plat for the first phase shall be reviewed concurrently with the master site plan.
(2) In addition to the requirements for subdivisions, each PUD request must include the following items:
(a) The master site plan that shows the location and area of lots and blocks, buildings, transportation facilities, parks, open space and other amenities, utilities and other pertinent features;
(b) A list of the specific standards that are requested to be modified;
(c) A list of land uses that are proposed in the PUD;
(d) A written description of the community benefits of the proposed development and how it provides greater benefits to the community than would development in compliance with all development standards;
(e) An evaluation of the review criteria in division (G) below;
(f) Architectural standards and a means of enforcement;
(g) A description of what facilities, such as playground equipment, trails and other amenities will be installed, when, and to what standards; and
(h) A description and draft documents indicating how any common areas and facilities will be managed or how land and/or any facilities will be dedicated to the public.
(G) Review criteria. In reviewing and making decisions on proposed PUDs and site plans, the Planning Board and Town Council shall consider and make findings on the following criteria during subdivision review:
(1) (a) Whether the proposed PUD would result in a greater benefit to the community than would development in compliance with all development standards.
(b) Greater benefit may include implementation of adopted planning policies, natural resource preservation, innovative urban design, low-impact or energy efficient development, affordable, workforce or senior housing, neighborhood or community amenities or an overall level of development quality;
(2) The proposal’s consistency with the adopted plans for the area;
(3) Compliance with this section and its purposes; and
(4) Primary review criteria for subdivisions, when applicable.
(H) Effect of PUD designation. A PUD master site plan becomes designated a PUD when approved by the Town Council after a noticed public hearing and recommendation by the Planning Board. A subdivision plat reviewed along with a PUD becomes final when all conditions of preliminary approval have been met. All final subdivision plats authorized under a PUD must become final within ten years of PUD master site plan approval.
(Ord. 329, passed 1-11-2016)