§ 6.18. Planned developments.

6.18.1. Establishment of Planned Developments.

Planned developments may be established in any zoning district in accordance with the procedures and general requirements set forth in subsections 4.5.1-4.5.6 and with the requirements contained in this section.

(a)

General.

Planned developments shall be appropriately located with respect to intended functions, to the pattern and timing of development indicated in the comprehensive plan, and to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed.

(b)

Relation to major transportation facilities.

Planned developments shall be so located with respect to major street, bicycle, and pedestrian networks, or public transportation facilities, and shall be so designed, as to provide direct access to the development without creating traffic in residential neighborhoods outside the development.

(c)

Relation to public utilities, facilities, and services.

(1)

Planned developments shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would development generally permitted under existing zoning and development policies.

(2)

Such developments shall be so located with respect to necessary public facilities (as for example, schools, parks, and playgrounds in the case of planned development-housing) as to have access to such facilities in the same degree as would development permitted under general regulation, and shall be located, designed, and scaled so that access for public services is equivalent to, and net cost for such services is not greater than, access and net costs for public services for development permitted under general development controls.

(3)

However, planned developments failing to meet these criteria may be approved if applicants (a) provide private facilities, utilities, and services approved by appropriate public agencies as substituting on an equivalent basis, and assure their satisfactory continuing operation, permanently or until similar public utilities, facilities, or services are available and used; or (b) make provision acceptable to the town for offsetting any added net public cost of early commitment of public funds made necessary by such development.

(4)

In determining net public costs, the difference in anticipated public installation, operation, and maintenance costs and the difference in anticipated public revenue shall be considered. Expenses involved in making such determinations shall be paid by the applicant. Determinations shall be made by the town or by experts acceptable to the town.

(d)

Relation to physical character of the site.

(1)

The site of a planned development shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, and shall be free from the probability of flooding, excessive erosion, subsidence or slipping of the soil, or other dangers. Condition of soil, ground water level, drainage, and topography shall all be appropriate to both the kind and pattern of use intended.

(2)

If appropriate to the form of planned development, lands to be included in planned developments may be divided by streets, alleys, rights-of-way, or easements, which shall be located, dimensioned, and arranged so as to permit unified planning and provide necessary protection against adverse relationships between uses in the development and uses in surrounding areas.

(e)

Relation to energy use.

Planned developments shall be so located with respect to climatic elements, including solar access, and shall be so designed, as to provide for and promote energy conservation and efficient use of energy. Applicants are encouraged to consider the use of solar roofs, state energy guidelines, and the measures prescribed in section 5-125 of the town code of ordinances.

(f)

Reduction or increase in required land areas.

The minimum and maximum land areas required for zoning lots containing the various classification of planned development as specified in this section, may be reduced or increased by the town council in accord with the following provisions:

(1)

Reductions in the minimum land area required may be approved upon findings in the particular case that special circumstances required such reduction, that other requirements can be met in such reduced area, and that such reduction shall not exceed ten (10) percent of the area generally required.

(2)

Increases in the maximum land area allowed may be approved upon findings in the particular case that the proposed plan of development or the character of the property involved require such increase to meet the requirements and intent of this article or to provide necessary special protection.

(3)

In reaching decisions on requests for reduction or increase in required land areas, the town council shall be guided by the provisions of the comprehensive plan and the protection of the public health, safety, and general welfare of present and future occupants of the proposed planned development and the surrounding area.

6.18.2. Permitted Modifications of Regulations.

Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable planned development regulations, general regulations, or other regulations in this appendix, but the town council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the town council may make specific modification of the regulations in the particular case. Any modifications of regulations shall be explicitly indicated in the special use permit or modification of the special use permit.

6.18.3. Relation to Subdivision Review.

It is the intent of this section that applicable subdivision review under the subdivision regulations be carried out as an integral part of the review of a planned development. It is the further intent of this section to permit the submittal of subdivision applications for the whole planned development or for approved phases thereof. The form and content of applications and plans submitted for such integrated review shall be sufficient to satisfy requirements of the subdivision regulations as well as those of this article.

6.18.4. Planned Development-Housing (PD-H).

The following regulations and requirements apply to a planned development-housing (PD-H), defined for purposes of these regulations as a planned development primarily for dwellings and related uses and facilities.

(a)

Intent.

With respect to timing of development of particular PD-H, it is intended that in addition to other policies and limitations set forth in this appendix, consideration shall be given to general housing needs in the town as a whole and in the sub-community in which development is proposed, and the need for particular types of housing. In such consideration, due weight shall be given to availability of existing supply of housing types for which there is evident need in view of the age characteristics and economic characteristics of the population, and to the amount and types of potential housing being developed under issued special use permits and building permits.

(b)

Minimum land area.

Except as provided for in Section 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-H shall be two (2) acres in residential districts, one (1) acre in non-residential district.

(c)

Permitted uses.

Permitted principal and accessory uses of land or structures within a PD-H shall be as established in section 3.3 of this appendix.

(d)

Intensity regulations.

Except as otherwise provided in this appendix, the intensity regulations applicable within a PD-H shall be as established in section 3.8 for the zoning district in which such PD-H is located.

The setbacks of the underlying zoning district apply only to the perimeter of the planned development.

(e)

Design standards.

Except as otherwise provided in this appendix, the design standards applicable within a PD-H shall be as established in article 5, with the following additions;

(1)

Where a PD-H zoning lot adjoins land that is zoned residential and developed with lots of a size which limits their use to single-family detached residences, an appropriate transition between the PD-H and the adjoining single family lots shall be provided. An appropriate transition shall consist of at least bufferyards and screening as required in section 5.6. In a PD-H with a gross land area of twenty-five (25) acres or more, only those land uses permitted by right in the zoning district of the PD-H zoning lot shall be permitted within one hundred (100) feet from the adjoining single-family dwelling lots.

(2)

Vehicular access to streets shall be limited and controlled as follows:

A.

If the street or portion thereof serves fifty (50) or fewer dwelling units, vehicular access from off-street parking and service areas may be directly to the street from the sites of individual dwelling units. Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development; and

B.

Vehicular access to other streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed, and controlled as to channel traffic from and to such areas conveniently, safely, and in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interruption.

6.18.5. Planned Development-Shopping Center (PD-SC).

The following regulations and requirements apply to a planned development-shopping center (PD-SC), defined for purposes of these regulations as a planned development for neighborhood, PD-SC(N), or community, PD-SC(C) commercial activity centers.

(a)

Intent.

(1)

It is the intent of these regulations to provide for development of such commercial centers in scale with surrounding market areas, at locations in conformance with the comprehensive plan and thoroughfare plan, and in proximity to public transportation facilities, in accord with standards set forth herein, and to serve areas not already conveniently and adequately provided with commercial and service facilities of the kind proposed.

(2)

It is further the intent to permit the establishment of such planned developments only where planned centers with carefully related buildings, parking and service areas, and landscaped open space will serve clearly demonstrated public need, reduce marginal traffic friction below that which would result from strip commercial development, and protect property values in surrounding neighborhoods. It is further intended that a PD-SC shall provide a broad range of facilities and services appropriate to the general need of the area served to these ends:

A.

PD-SC(N): A planned development-shopping center (neighborhood) is intended to be built around a supermarket as the major use, and to provide for the sale of convenience goods, for provision of personal services, and for other frequent needs of a trade area with a population of two thousand (2,000) to ten thousand (10,000), within approximately five (5) to ten (10) minutes driving time; and

B.

PD-SC(C): A planned development-shopping center (community) is intended to be built around a department store or substantial variety store as the major tenant, in addition to a supermarket. Such centers normally serve a trade area population of ten thousand (10,000) to twenty-five thousand (25,000), within fifteen (15) to twenty (20) minute driving time.

(b)

Minimum land area.

Except as provided for subsection 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-SC shall be five (5) acres. The maximum gross land area permitted for a zoning lot containing a PD-SC(N) shall be fifteen (15) acres. There is no maximum limitation on the gross land area permitted within a zoning lot containing a PD-SC(C).

(c)

Permitted uses.

Permitted principal and accessory uses of land or structures within a PD-SC(N) or PD-SC(C) shall be established in section 3.7 of this appendix, provided that a PD-SC(C) contains a sufficient range of establishments to provide for the general needs of the trade area proposed to be served.

(d)

Intensity regulations.

(1)

Except as otherwise provided in this appendix, the intensity regulations applicable within a PD-SC shall be as established in section 3.8 for the zoning district in which such PD-SC is located.

(2)

The setbacks of the underlying zoning district apply only to the perimeter of the planned development.

(e)

Design standards.

Except as otherwise provided in this appendix, the design standards applicable within a PD-SC shall be as established in article 5 with the following additions:

(1)

No PD-SC shall be created except where public transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the planned development. Such public transportation shall be at a scale and of a character suited to the needs of occupants and visitors; and

(2)

Where a PD-SC adjoins any residential neighborhood, with or without an intervening street or alley, to the maximum extent reasonably practicable, nonresidential uses and signs shall be located or oriented away from the residential neighborhood.

6.18.6. Planned Development-Office and Institutional (PD-OI).

The following regulations and requirements apply to a planned development-office and institutional (PD-OI), defined for purposes of these regulations as a planned development for complementary groupings of office and institutional uses.

(a)

Intent.

It is the intent of these regulations to provide for development of such office and institutional centers at locations in conformance with the comprehensive plan and the thoroughfare plan, and in proximity to public transportation facilities, in accord with standards set forth herein.

It is further intended that PD-OI development shall be scaled, balanced, and located to reduce general traffic congestion and the need for private automobiles by providing employment close to principal places of residence, convenient pedestrian and bicycle circulation systems, and public transportation facilities.

Within such developments, it is intended that uses shall be arranged horizontally or vertically so that:

(1)

Major vehicular flows and other disquieting influences are so separated from residential areas as to protect privacy and tranquility; and

(2)

General service uses are concentrated for maximum pedestrian and bicycle convenience and located for easy accessibility by workers and visitors arriving by public transportation; and

(3)

Major office and institutional uses are so located as to be convenient to public transportation.

Where such developments adjoin residential neighborhoods, it is intended that arrangements of buildings, uses, open space, and vehicular access be such as to provide appropriate transition and reduce potential adverse effects.

(b)

Land area requirements.

Except as provided for subsection 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-OI shall be five (5) acres. There is no maximum limitation on the gross land area permitted within a zoning lot containing a PD-OI.

(c)

Permitted uses.

Permitted principal and accessory uses of land or structures within a PD-OI shall be as established in section 3.7 of this appendix.

(d)

Intensity regulations.

(1)

Except as otherwise provided in this appendix, the intensity regulations applicable within a PD-OI shall be as established in section 3.8 for the zoning district in which such PD-OI is located.

(2)

The setbacks of the underlying zoning district apply only to the perimeter of the planned development.

(e)

Design standards.

Except as otherwise provided in this appendix, the design standards applicable within a PD-OI shall be as established in article 5, with the following additions:

(1)

No PD-OI shall be created except where public transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the planned development. Such public transportation shall be at a scale and of a character suited to the needs of occupants and visitors; and

(2)

Where a PD-OI adjoins any residential neighborhood, with or without an intervening street or alley, to the maximum extent reasonably practicable, nonresidential uses and signs shall be located or oriented away from the residential neighborhood.

6.18.7. Planned Development-Mixed Use (PD-MU).

The following regulations and requirements apply to a planned development-mixed use (PD-MU), defined for purposes of these regulations as a planned development for complementary groupings of residential, commercial, and office uses.

(a)

Intent.

It is the intent of these regulations to provide for development of such mixed uses at locations appropriate in terms of the comprehensive plan and the thoroughfare plan, and in proximity to public transportation facilities, in accord with standards set forth herein.

It is further intended that PD-MU development shall be in complexes within which mutually supporting residential, commercial, and office uses are scaled, balanced, and located to reduce general traffic congestion and the need for private automobiles by providing housing close to principal destinations, convenient pedestrian circulation systems, and public transportation devices.

Within such developments, it is intended that uses shall be arranged horizontally or vertically so that:

(1)

Residential uses are so separated from major vehicular traffic flows and other disquieting influences as to protect privacy and tranquility;

(2)

General commercial and service uses are concentrated for maximum pedestrian and bicycle convenience, and located for easy accessibility by residents of the development, workers within the development, and visitors arriving public transportation, and that commercial frontage is uninterrupted by residential or office uses; and

(3)

Major office uses are so located as to be convenient to public transportation.

Where such developments adjoin residential neighborhoods, it is intended that arrangement of buildings, uses, open space, and vehicular access be such as to provide appropriate transition and reduce potential adverse effects.

(b)

Land area requirements.

Except as provided for subsection 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-MU shall be five (5) acres. There is no maximum limitation on the gross land area permitted within a zoning lot containing a PD-MU.

(c)

Permitted and required uses.

Permitted principal and accessory uses of land or structures within a PD-MU shall be as established in section 3.7 of this appendix. Residential use of at least twenty-five (25) percent of the floor area shall be required. (Ord. No. 2004-02-23/O-2)

(d)

Intensity regulations.

(1)

Except as otherwise provided in this appendix, the intensity regulations applicable within a PD-MU shall be as established in section 3.8 for the zoning district in which such PD-MU is located.

(2)

The setbacks of the underlying zoning district apply only to the perimeter of the planned development.

(e)

Design standards. Except as otherwise provided in this appendix, the design standards applicable within a PD-MU shall be established in article 5, with the following additions:

(1)

No PD-MU shall be created except where public transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the planned development. Such public transportation shall be at a scale and of a character suited to the needs of occupants and visitors;

(2)

Where a PD-MU adjoins any residential neighborhood, with or without an intervening street or alley, to the maximum extent reasonably practicable, residential uses within the PD-MU district shall be located adjacent to the residential neighborhood, and nonresidential uses and signs shall be located or oriented away from the residential neighborhood; and

(3)

Relationship of uses shall be such that major commercial and service establishments are grouped for maximum pedestrian and bicycle convenience along frontages uninterrupted by residential or general office occupancies. Residential or general office uses may either be in separate areas within the development, or may be separated vertically from commercial and service concourses.

6.18.8. Planned Development-Industrial (PD-I).

The following regulations and requirements apply to a planned development-industrial (PD-I), defined for purposes of these regulations as a planned development for complementary groupings of industrial uses.

(a)

Intent. It is the intent of these regulations to provide development of such industrial centers at locations in conformance with the comprehensive plan and the thoroughfare plan, and in proximity to public transportation facilities, in accord with standards set forth herein.

It is further intended that PD-I development shall be scaled, balanced, and located to reduce general traffic congestion and the need for private automobiles by providing employment close to principal places of residence, convenient pedestrian and bicycle circulation systems, and public transportation facilities.

Within such development, it is intended that uses shall be arranged horizontally or vertically so that:

(1)

Major vehicular flows and other disquieting influences are so separated from residential areas to protect privacy and tranquility; and

(2)

General industrial uses are concentrated for maximum pedestrian and bicycle convenience and located for easy accessibility by workers arriving by public transportation.

Where such developments adjoin residential neighborhoods, it is intended that arrangement of buildings, uses, open space, and vehicular access be such as to provide appropriate transition and reduce potentially adverse effects.

(b)

Land area requirements. Except as provided for subsection 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-I shall be five (5) acres. There is no maximum limitation on the gross land area permitted within a zoning lot containing a PD-I.

(c)

Permitted uses. Permitted principal and accessory uses of land or structures within a PD-I shall be as established in section 3.7 of this appendix.

(d)

Intensity regulations. Except as otherwise provided in this appendix, the intensity regulations applicable with a PD-I shall be as established in section 3.8 for the zoning district in which such PD-I is located.

The minimum street setback required for any structure, or part thereof, shall be fifty (50) feet. The minimum interior setback required for any structure, or part thereof, shall be twenty-five (25) feet.

(e)

Design standards. Except as otherwise provided in this appendix, the design standards applicable within a PD-I shall be established in article 5, with the following additions:

(1)

No PD-I shall be created except where public transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the planned development. Such public transportation shall be at a scale and of a character suited to the needs of workers within the development;

(2)

Where a PD-I adjoins any residential neighborhood, with or without an intervening street or alley, to the maximum extent reasonably practicable, nonresidential uses and signs shall be located or oriented away from the residential neighborhood.

(Ord. No. 2013-10-28/O-3, § 1)