(a) Permitted Uses. The permitted uses in a "PD" Planned Development District shall be those uses permitted in the district in which the "PD" District is to be located; in addition, the following uses shall be permitted in a residential "PD" District:
(1) Cluster Housing in areas designated as such on the Milford Land Use Plan in compliance with the following standards:
A. The overall density shall not exceed that permitted in the underlying zoning.
B. When single family dwellings are to be clustered into townhomes or condominiums, there shall be no more than four (4) units per structure.
C. When lots area requirements are decreased to allow for the clustering of single-family lots, the minimum lot area shall be 8,000 square feet for each dwelling unit. The remaining undeveloped property may be used to satisfy the open space requirements provided in Section 1169.03(l).
D. Lot or dwelling clustering shall be done in such a way as to protect sensitive areas.
E. Sensitive areas shall be identified on both the preliminary and final development plan and shall be treated as common open space that may not be developed in the future.
(2) Traditional Neighborhood Residential in areas designated as such on the Milford Land Use Plan in compliance with the following standards:
A. Only single-family homes shall be permitted.
B. The minimum lot area shall be 8,000 square feet, and shall not include the right-of way of a street, road or alley.
C. The front yard setback shall be twenty (20) feet.
D. The street network shall be designed to continue the existing grid system present in the designated traditional residential neighborhood areas.
E. All garages shall be located in the rear yard of the property with access from an alley.
F. An alley system shall be provided to provide access to garages.
G. Sidewalks with a minimum width of four feet (4') shall be provided on both sides of the street.
H. All single-family housing shall have a porch that extends along at least fifty percent (50%) of the front elevation.
I. Street trees shall be planted on both sides of the street. Such trees shall meet the minimum quality standards set forth in Chapter 1189, Landscaping and Bufferyard Requirements.
(3) A "B-1" commercial use provided that the residential "PD" District is twenty (20) acres or more in size. One (1) area may be designated as a neighborhood shopping area, not to exceed two (2) acres in size, except that an additional one-half (1/2) acre of "B-1" commercial uses may be permitted for each additional fifteen (15) acres of "PD" District area, but not to exceed six (6) acres.
Where commercial uses are planned in conjunction with residential uses, the commercial uses cannot be constructed until at least sixty percent (60%) of the total dwellings are complete or under construction, unless authorized by the Planning Commission.
(b) Project Area. It is the intent of this chapter that the use of the Planned Development District will yield the same net density of dwelling units as would development under conventional zoning. Therefore, the project area that will be used to determine the permitted number of units shall be limited to all of the area within the Planned Development that is devoted to residential use, including open space and recreational uses designed to serve the residential development, specifically excluding but not limited land located within a floodway and land allocated for public right-of-way.
(c) Density Calculation. The Planning Commission shall determine the net number of dwelling units which may constructed within the residential "PD" District by dividing the project area by either of the following:
(1) The required lot area per dwelling unit which is required in the district on which the "PD" District is located; or
(2) The required lot area per dwelling unit which is required in the district on which the "PD" District is located, as modified by any increases in density permitted under Subsection (h) below.
(d) Planned Development in Multiple Zoning Districts. If a residential "PD" District covers more than one (1) zoning district, the number of allowable dwelling units must be separately calculated for each portion of the "PD" District located in a separate zoning district, and then must be combined to determine the number of dwelling units allowable in the entire "PD" District. However, the distribution of the dwelling units within the "PD" District is not to be affected by existing zoning district boundaries.
(f) Subdivision Review. Wherever the provisions of this Chapter and the Subdivision Regulations are in conflict, the more restrictive or detailed requirements shall be met, unless waived or altered by the Planning Commission.
(g) General Guidelines. In evaluating a proposed Development Plan, the following guidelines shall be used by the Planning Commission.
(1) The residential "PD" district is consistent with the goals and objectives of the Milford Land Use Plan.
(2) The residential "PD" district is an effective and unified treatment of the development possibilities on the project site, and the development plan makes appropriate provision of the preservation of streams and stream banks, wooded cover, rough terrain and similar area.
(3) The residential "PD" district is planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
(4) Off-street parking and loading areas are provided in accordance with Chapter 1187, Off-Street Parking and Loading requirements.
(5) There is a beneficial relationship between the proposed residential "PD" district and the neighborhood in which it is to be established.
(6) Evidence of sufficient or proposed off-site and on-site services and infrastructure is presented. If the services or infrastructure are not in place, assurances that the improvements will be in place at completion of construction of the project shall be required.
(7) The proposal meets the purpose set for the "PD" Planned Development District as set forth in Section 1169.01, Purpose.
(8) The proposal meets all the regulations for "PD" Planned Development Districts as set forth in this Chapter.
(9) Common open spaces and recreational areas should be linked together by walkways or planting areas.
(10) Where commercial uses are proposed within the residential planned development, buffering and landscaping should be used to create a natural separation between the uses.
(11) Commercial uses shall be designed to resemble the character of the surrounding residential buildings.
(12) Buildings should be sited in an orderly, non-random fashion. Long unbroken building facades should be avoided.
(13) Short loop streets, cul-de-sacs and residential streets shall be used for access to residential areas in order to provide a safer living environment and a stronger sense of neighborhood identity.
(14) Street location and design shall conform to the existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets.
(15) Adequate landscaping shall be provided throughout the site to create an attractive development, to reduce the amount of impervious surface created and to prevent large expanses of uninterrupted pavement areas.
(16) Consideration should be given to the provision of bus shelters.
(h) Density Increase. The Planning Commission shall authorize an increase in the density of the planned development under the following circumstances provided that the negative impacts listed in paragraph (i) below would not be created by such increase in density:
Criteria | Maximum Increase | Description |
(1) Location | 3 du/acre | (a) 2 acres or more (b) Within ¼ mile of a transit stop, trail, and/or park. (c) Infill (d) Brownfield redevelopment |
(2) Environmentally Sensitive | 5 du/acre | (a) Floodplain avoidance (b) Steep slope protection (c) Wetland and water body conservation (d) Use of innovative stormwater management techniques-rain gardens, swales |
(3) Common Open Space | 3 du/acre | 1 du/acre for each 5% over the minimum amount of open space required (up to 3 du/acre) |
(4) Excellence in Site Design | 5 du/acre | (a) Residential Building Facades Building facades should be varied and articulated to provide visual interest to pedestrians. Frequent building entries and window should face the street. Front porches, bays, and balconies are encouraged. In no case shall a façade of a building consist of an unarticulated blank wall or an unbroken series of garage doors. (b) Residential Building Entries Primary ground floor residential entries to multifamily buildings must orient to streets, not to interior blocks or parking lots. Secondary and upper floor entries from the interior of a block are acceptable. The front door to single-family homes, duplexes, and townhouses must be visible from the street. (c) Buildings containing multi-family units (excluding townhomes) with three or more stories shall contain an elevator. (d) Residential building walls shall be wood clapboard, wood shingle, hardieplank, wood drop siding, primed board, wood board and batten, brick, stone, approved vinyl or similar material. (e) Two wall materials may be combined horizontally on one façade. The heavier material should be below. (f) Bicycle Friendly Design a. Bike storage (g) Walkable Streets (h) Connected and open community-non gated, with public access. |
In no case shall the density in the planned development be increased by more than ten dwelling units per acre.
(i) Control of Density Increase. If the Planning Commission finds that any of the following conditions would be created by an increase in density permitted in subsection (h), it may then deny or limit any increase in density by an amount that is sufficient to avoid the creation of any of these conditions.
(1) Congested or unsafe access to the planned development; or
(2) Traffic congestion in the streets which adjoin the planned development; or
(3) An excessive burden on parks, recreational areas, schools and other public facilities that serve or are proposed to serve the planned development.
(j) Spacing and Building Height.
(1) The location of all structures shall be as shown on the development plans. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.
(2) Minimum lot areas, frontage and yard requirements may be waived by the Planning Commission provided that the overall density standards required in this Chapter are maintained and that the Planning Commission determines that the proposed development complies with the intent of this Chapter.
(k) Peripheral Setbacks. If the Planning Commission determines that topographical or other barriers do not provide a sufficient buffer between residential "PD" Districts and contiguous land uses to avoid hazardous impact upon the economic value of the contiguous real estate, the Planning Commission shall impose either or both of the following requirements.
(1) Structures and parking area located on the perimeter of the residential "PD" District may be required to be set back by a distance sufficient to protect against an adverse impact upon the economic values of contiguous land;
(2) Structures located on the perimeter of the residential "PD" District may be required to be permanently screened in a manner that is sufficient to protect against adverse impact on the value of contiguous land.
(l) Open Space Requirements. Common open space shall be provided as follows:
(1) Common open space must comprise at least twenty percent (20%) of the project area, excluding areas used for vehicle parking and circulation; provided however that this requirement shall not apply to Traditional Neighborhood Residential as permitted in Section 1169.03(a)(2).
(2) No open area may be accepted as common open space under the provisions of this section unless it meets the following standards:
A. Common open space must be reserved for amenity or recreational purposes. The uses authorized for the common open space must be appropriate in size and character considering the size, density, expected population, including ages and number, topography, and the number and type of dwellings within a residential "PD" district.
B. Common open space must be improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved.
C. The development schedule that is part of the development plan must coordinate the phasing of improvements to the common open space, the construction of buildings, structures, landscaping and other improvements in the common open space and the construction of residential dwellings in the residential "PD" District.
D. If the final development plan provides for buildings, structures, landscaping and other improvements in the common open space, the developer must provide a bond or other adequate assurance that the buildings, structures, landscaping and other improvements will be completed. Upon request of the developer, the Planning Commission may delay the requirements of posting bond, such delay to be based upon the development schedule. If the developer does not complete the buildings, structures, landscaping and other improvements within the time set forth in the schedule, then the Planning Commission shall require that a bond be provided for the remainder of the improvements. The Planning Commission shall release the bond or other assurance as the buildings, structures, landscaping or other improvements have been completed according to the development plan.
E. The use and improvement of the common open space must be planned in relation to any existing or proposed public or semi-public open space which adjoins or which is within one thousand five hundred (1,500) feet of the perimeter of the residential "PD" District.
(3) All land shown on the development plan as common open space shall be conveyed to a public agency or non-profit organization under one of the following options.
A. It may be conveyed to a governmental agency if such agency agrees to maintain the common open space and any buildings, structures, landscaping or other improvements that have been places on such land.
B. It may be conveyed to a non-profit organization provided in a publicly recorded document establishing an association or similar organization for the maintenance of the residential "PD" District. The common open space shall be conveyed to the trustees subject to covenants to be approved by the Planning Commission that restrict the common open space to the uses specified on the development plan and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.
(4) If the common open space is not conveyed to a public agency or non-profit organization, one of the following methods of enforcement may be provided.
A. The legal right to develop the common open space for those uses not specified in the development plan may be conveyed to a governmental agency.
B. The restrictions governing the use, improvement and maintenance of the common open space may be stated as conditions to the conveyance of the open space, the fee title to the common open space to vest in governmental agency, at its discretion, in the event of a substantial default in the stated conditions.
C. The covenants governing the use, improvement and maintenance of the common open space may authorize a public agency to enforce their provision.
(5) The Zoning Inspector shall not issue a zoning permit for any building or structure shown on the development plan for any stage of the residential "PD" District unless the common open space allocated to that stage by the development schedule has been conveyed under one of the options provided in subsection (n)(2) above.
(m) Screening. The residential "PD" District shall be effectively screened from adjoining existing uses so as to protect their privacy and amenity.
(Ord. 99-1966. Passed 5-4-99.)