(A) Authority.
(1) The state’s Local Government Comprehensive Planning Enabling Act of 1994, as amended, (“Planning Act”) authorizes local governments to utilize zoning and planning techniques (not limited to those found in the Planning Act) for implementation of the goals specified in S.C. Code § 6-29-720 (2007). The Town Council hereby establishes a zoning and planning technique called a “Planned Development” Zoning District. The Planned Development Zoning District incorporates provisions of the planning technique called “planned development district” referred to in the Planning Act and identified in this chapter and the additional provisions found in this section that expands, varies, and/or differs from the provisions found in the references to planned development districts in the Planning Act. A PLANNED DEVELOPMENT, as applied herein, is a type of zoning district (PD) and a type of development plan. PD zoning districts are inextricably linked to planned development plans, in that no rights of development apply to a PD zoning designation other than those of the approved planned development plan.
(2) Planned development provisions are intended to encourage innovative site planning for residential, commercial, institutional, and/or industrial developments within planned developments. Planned developments may provide for variations from other ordinances and the regulations of other established zoning districts concerning use, setbacks, lot size, density, bulk, and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety, and general welfare. A PLANNED DEVELOPMENT as used in this chapter is intended to apply the flexibility and variation provisions of the Planning Act provided in the planned development zoning district provision, along with the additional regulatory and procedural provisions of this section.
(B) Purpose and intent. The town finds and determines that this section is consistent with the following goals of the Comprehensive Plan:
(1) To preserve the essential character of this sea island (Residential Land Use Goal 1);
(2) To encourage use of innovative site planning techniques to achieve quality development that is sensitive to this unique environment (Residential Land Use Goal 1);
(3) To support island commerce in serving the local market as the need arises (Commercial Goal 1); and
(4) To ensure that if and when agricultural land is developed it is done in a manner sensitive to the natural habitat and environment (Agricultural Land Goal 1).
(C) Intent and results. The PD, Planned Development, Zoning District regulations of this section are intended to encourage achievement of the goals of the town’s Comprehensive Plan and to allow flexibility in development of property that proposes a single or multiple use(s) that will result in improved design, character, and quality of new or redesigned developments and preserve natural and scenic features of open spaces. The following objectives may be attained through the use of the planned development process:
(1) A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the standards of this chapter that were designated primarily for development on individual lots;
(2) A greater freedom in selecting the means to provide access, light, open space, and design amenities;
(3) Quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land use arrangements;
(4) A development pattern in harmony with the applicable goals and strategies of the Comprehensive Plan;
(5) The permanent preservation of common open space, recreation areas, and facilities;
(6) An efficient use of the land resulting in more economical networks of utilities, streets, schools, public grounds and buildings, and other facilities;
(7) A creative approach to the use of land and related physical facilities that results in better development and design and the construction of amenities; and
(8) A development pattern that incorporates adequate public safety and transportation-related measures in its design and does not adversely affect existing infrastructure and compliments the developed properties in the vicinity and the natural features of the site.
(D) Applicability. There is a minimum three- acre lot size requirement (combined) for a planned development as long as the planned development meets all requirements of this section.
(E) Development standards.
(1) Dimensional standards.
(a) The waterfront development standards of the base zoning district, as set forth in § 153.079 of this code, shall be applied to all waterfront lots within the planned development.
(b) Each lot located on the perimeter of the planned development shall maintain the rear yard setback requirements and any buffer requirements of the adjacent zoning district.
(2) Architectural standards. The architectural design guidelines of §§ 153.330 through 153.342 shall apply to all proposed planned developments. Modifications to the architectural design guidelines may be proposed in a planned development request where the Zoning Administrator determines that the architectural design of the proposed development is compatible with the architectural design of development on adjacent properties.
(3) Access.
(a) Streets within planned develop- ments should connect to adjoining neighborhoods/ developments. Cul-de-sacs, T-turnarounds, and dead-end streets are discouraged.
(b) Areas between structures shall be covered by easements where necessary for access and to provide for maintenance and utility service.
(c) Primary vehicular access to office, commercial, or industrial development shall be through limited access roads.
(4) Commercial areas.
(a) Commercial areas and adjacent residential, office, and industrial areas shall be directly connected through paved sidewalks, trails, or other pedestrian infrastructure.
(b) Commercial areas shall be planned as groups having common parking areas and common ingress and egress points.
(5) Industrial areas.
(a) A minimum vegetated buffer of 40 feet shall be required where industrial uses abut residential uses.
(b) All intervening spaces between the right-of-way line and project building line and intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees and plantings and properly maintained at all times.
(6) Areas designated for future use. All areas designated for future expansion or not intended for immediate improvement or development shall remain in a natural state until such time as development permits are approved.
(7) Signs. Specifications of size, type, height, setback, location, design, illumination, and number of signs shall be included in the planned development guidelines. Specifications shall be as restrictive or more restrictive than the standards set forth in this chapter.
(8) Parking. Parking shall be provided in accordance with the standards set forth in §§ 153.330 through 153.342 of this code. Modifications to the parking standards of §§ 153.330 through 153.342 may be proposed in a planned development request where the Zoning Administrator determines that the amount of parking requested and its location is sufficient for the use proposed.
(9) Resource areas.
(a) Planned developments shall protect any resources determined significant by the Zoning Administrator, including, but not limited to: agricultural soils and active farmland, buffer areas between active farmland and existing/planned future non-farm development, wetlands, mature trees, land adjacent to preserved farmland on neighboring properties, scenic views, water access and shoreline buffers, and habitat of species designated as of federal, state, and local concern.
(b) Planned developments shall comply with all provisions of § 153.334, tree protection and preservation, of this code.
(F) Planned development procedure. The procedure and criteria for planned development applications is outlined below. Planned development applications are comprised of planned development stipulations and sketch plans, referred to herein as the PD development plan. All sketch plan(s) shall be drawn to scale.
(1) Pre-application conference. Before submitting a PD development plan for a planned development, the applicant shall confer with the Zoning Administrator and any other officials designated by the Zoning Administrator. The purpose of this pre-application conference is to discuss the proposal and the applicable development review and approval procedures.
(2) Conceptual PD development plan presentation. At least one time prior to submitting a formal application, planned development applicants shall present their conceptual PD development plan to the Town Planning Commission at a Planning Commission workshop. This presentation shall be for discussion and feedback purposes only and no action shall be taken on the conceptual PD development plan at the workshop.
(3) Community workshop. After the pre-application conference, it is recommended that the applicant hold one or more community workshops. The purpose of a community workshop is to ensure early citizen participation in an informal forum, in conjunction with the development applications and to provide an applicant the opportunity to understand and try to mitigate any impacts an application may have on an affected community. A community workshop is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors.
(4) Draft PD development plan submittal. After the required pre-application conference and prior to submitting a formal application, the applicant shall submit at least five copies of a draft of the requested PD development plan for staff review. The draft PD development plan must comply with all requirements of this chapter and all other applicable regulations. Additionally, the checklist, available in the Planning/Zoning Department, must be filled out and turned in with the draft PD development plan.
(5) PD development plan application. Complete applications for planned developments (PD development plans) may be submitted on forms available in the Planning/Zoning Department once the Zoning Administrator has determined that the requested PD development plan complies with the requirements of this chapter and all other applicable regulations.
(a) No application for a PD development plan shall be accepted as complete unless it includes the 20 required paper copies of the PD development plan, the required fee, and the following information:
1. One completed zoning map amendment application signed by the current property owner(s);
2. One copy of a legible approved and recorded plat showing the current property lines of the property/properties to be included in the planned development;
3. One copy of the current, recorded deed;
4. One restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law;
5. One copy of the completed checklist;
6. Documentation of any community workshops held regarding the proposed PD development plan application;
7. A digital version of all text, charts, tables, exhibits, and graphics used in the PD;
8. A current aerial overlaid with the proposed sketch plan; and
9. Any other information that the Planning Commission determines is reasonably necessary to make an informed decision as to whether the application complies with the standards of this section.
(b) Applications for PD development plans shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(c) Town Council may waive the fees at its discretion.
(d) The following shall be included in the requested planned development stipulations:
1. The following shall be included in the requested planned development stipulations:
a. The name of the planned development, not duplicating the name of any other planned development or subdivision, the final plat of which has been recorded in the county;
b. A statement of objectives of the proposed development;
c. A description of how the proposed development meets the objectives contained in division (C) above, Intent and results, addressing each objective separately;
d. The total acreage of the planned development, broken down into total acreage, total highland acreage, total freshwater wetland acreage, and total critical line wetland, or marsh, acreage;
e. A table of proposed land uses including:
i. A table of proposed maximum and average residential densities for each residential use;
ii. The maximum total acreage of each residential use, including affordable dwelling units, if applicable;
iii. The maximum allowable number of each type of residential unit requested, including affordable dwelling units, if applicable;
iv. The maximum proposed floor area ratios (percentage of lot in relation to building floor area), and the maximum building/lot coverage for each nonresidential use; and
v. All dimensional and lot standards requested, for each land use type designated.
f. An analysis of the impact of the proposed development on existing public facilities and services (e.g., roads and streets, water, sewer, and the like). Any proposed future improvements to these facilities and services to be made as part of the planned development shall also be included;
h. A development schedule with a generalized phasing schedule, if appropriate. The phasing schedule shall include the number of dwelling units, total acreage of each residential use, total gross floor area of each nonresidential use, percentage and acreage of common open space to be included in each phase, and percentage, number, and acreage of affordable dwelling units to be included in each phase (if applicable);
i. A statement indicating how any common open space/recreation areas will be owned or managed;
j. A statement indicating how all roads and alleys will be owned and maintained;
k. A statement of inclusion and compliance with processes included in the town’s Zoning and Land Development Regulations that are not mentioned in the planned development stipulations;
l. A statement of agreement to proceed with proposed development in accordance with the provisions of these zoning regulations, applicable provisions of the town’s Comprehensive Plan, and with such conditions as may be attached to any rezoning to the applicable PD district;
m. A statement that the provisions of § 153.049, Zoning variances, of this code shall not apply to the planned development and that all major changes to the planned development must be approved by Town Council. Tree variances may be granted in accordance with this section and all other sections of this chapter;
n. A description of how the proposed development complies with the approval criteria contained in division (F)(5)(i) below, addressing each criterion separately;
o. A historic and archaeological survey identifying all historic and cultural sites, structures, and landscapes on the subject property, consistent with §§ 153.330 through 153.342, Historic preservation, of this code. Any required on-site mitigation must be detailed in the planned development stipulations and proof of coordination with OCRM and/or the State Historic Preservation Office must be included;
p. Letters of coordination from all agencies from which the applicant must either obtain permits, or obtain services and/or facilities; and
q. Any other information that the Zoning Administrator determines is necessary to determine whether or not an application complies with the standards established in this section.
2. The following shall be included on the requested sketch plan. Multiple sketch plans may be submitted. Sketch plans shall be drawn to scale.
a. The general location and amount of land proposed for each land use including single-family residential, multi-family residential, institutional, office, commercial, industrial, common open space/recreation, street use, and the like;
b. Conceptual lot lines;
c. Pedestrian and motor traffic circulation;
d. Location, acreage, and type (freshwater or critical line/marsh) of all wetlands as they exist prior to development. The location and acreage of all freshwater wetlands to be developed upon shall be indicated;
e. A tree survey to include all Grand trees on residential lots of one acre or less and in road rights-of-way and easements. Significant trees shall be shown on residential lots greater than one acre. Tree surveys for nonresidential uses shall conform with the standards of § 153.334(C) of this code;
f. Architectural elevations for each type of residential and nonresidential unit;
g. The general location, size, and capacity of all existing and proposed water and sewer lines;
h. Areas to be included in each phase of development, including the location of all common open space areas and/or affordable housing units to be included in each phase;
i. The location of all construction entrances;
j. A landscaping sketch plan including the location and composition of all screening and buffering materials;
k. A utility sketch plan with the location of any on-site natural areas, buffers, trees and sidewalks that may be impacted by utility facilities including existing and proposed location of any easements or rights-of-way; and
l. Any other information that the Zoning Administrator determines is necessary to determine whether the application complies with the standards established in this section.
(e) Public hearing notice. Newspaper, neighbor, parties in interest, and posted notice of the Town Council’s public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code.
(f) Zoning Administrator review and report. Once an application is deemed complete and to contain all information required herein by the Zoning Administrator, the application will be scheduled for a Planning Commission meeting and the applicant and other interested parties will be notified in accordance with this chapter. The Zoning Administrator shall prepare a staff report that reviews the PD development plan application.
(g) Planning Commission review and recommendation.
1. The Planning Commission shall review the proposed PD development plan and adopt a resolution, by majority vote of the entire membership, recommending that the Town Council approve, approve with conditions, or deny the proposed development plan. The Planning Commission’s recommendation shall be based on the approval criteria of division (F)(5)(i) below. The Planning Commission shall submit its recommendation to the Town Council within 30 calendar days of the Planning Commission meeting at which the PD development plan was introduced.
2. At any time prior to action by the Planning Commission, the applicant may request that the Planning Commission enter mediation. When mediation is requested, the Planning Commission shall assign one of its members as a representative in mediation proceedings and the Zoning Administrator shall represent the Planning staff. A majority vote of the entire Planning Commission membership in a public meeting shall be required to accept any mediated settlement. An accepted mediated settlement cannot waive the standards of this chapter. Prior to beginning talks, applicable time limits for review and action on complete applications must be extended by mutual agreement of the applicant and Planning Commission.
(h) Town Council hearing and decision. After receiving the recommendation of the Planning Commission, the Town Council shall take action to approve, approve with conditions, or deny the proposed PD development plan based on the approval criteria of division (F)(5)(i) below. Town Council shall hold a public hearing prior to giving first reading to planned development/zoning map amendment applications. If the Town Council takes action to approve the PD development plan, it may require time-frames for development of the entire planned development and its individual phases, if any. Within ten working days of approval by Town Council of a planned development, the applicant shall submit three copies of the approved planned development guidelines and sketch plan to the Planning/Zoning Department. This plan shall contain all changes and conditions approved by Council. The approval of a planned development shall deem it to be a new zoning district with its own zoning designation.
(i) Approval criteria. Applications for PD development plan approval may be approved only if the Town Council determines that the following criteria are met:
1. The PD development plan complies with the standards contained in this section;
2. The development is consistent with the intent of the Comprehensive Plan and other adopted policy documents; and
3. The town and other agencies will be able to provide necessary public services, facilities, and programs to serve the development proposed, at the time the property is developed.
(G) Identification of zoning maps. Approved PDs shall be indicated on the official zoning map.
(H) Compliance with other regulations. Unless expressly stated in this section or approved at the time of a planned development approval, all applicable standards of this chapter and other law shall apply to development within a planned development. Planned developments may provide for variations from this chapter or other ordinances and the regulations of established zoning districts concerning use, setbacks, lot area, bulk, and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety, and general welfare. All development, other than single-family residential, shall comply with the site plan review requirements of this chapter.
(Ord. 2012-06, § 4.14, passed 10-18-2012; Ord. 2013-02, passed 4-18-2013)