The purpose of this zone is to provide
for a mixture of multifamily residential uses with certain provisions
for commercial activities to serve primarily a resident population.
This zone is particularly pedestrian-oriented and is related to the
more intensive uses of a town center, although the commercial activities
are of a scale that is less intensive than those permitted in the
commercial zones. This less-intense activity is to be achieved through
setback, height, and lot size requirements that are more restrictive
than those in other commercial zones. The residential/commercial mixed
uses allowed in this zone are appropriate to encouraging infill development
and renovation adjacent to the existing Town center at a pedestrian
scale that would act as a buffer to more intensive commercial uses.
A.
Planned unit development in general. It
is the intent of this zone to control the placement, design, use,
and density of well-planned residential developments which will offer
a variety of building types and a more efficient overall use of land
and, within these limits, permit the optimum amount of freedom and
variety in the design and management of such varying types of residential
structures, including one- and two-family units, townhouses and garden
apartments. Within the intention of these regulations, the following
objectives are sought to provide for the planned unit development:
(1)
To provide a more attractive and varied
living environment than would be possible through the strict application
of SR, TR, and MR District requirements.
(2)
To encourage a more intimate, efficient
and aesthetic use of open space.
(3)
To encourage developers to use a more creative
approach in the development of land.
(4)
To encourage variety in the physical development
pattern of residential areas.
C.
PUD requirements.
(1)
Permitted uses. Planned unit developments
are contemplated to be primarily residential in nature. However, planned
unit developments of sufficient size and appropriate character may
have commercial development which is incidental to the planned unit
development and is intended primarily for the use of the residents
of the planned unit development. Specifically permitted uses are as
follows:
(a)
Single-family detached units.
(b)
Multifamily dwellings, attached or
detached, one- and two-family units, townhouses and garden-type apartments.
(c)
Apartments.
(d)
An office, temporary or permanent,
belonging to the developer and clearly incidental to management and
sales operations of the PUD.
(e)
Temporary structures incidental to
construction.
(f)
In a PUD of over 50 acres or more, a planned commercial center may be permitted. Such commercial center shall be an integral part of the plan for the PUD. The total aggregate area of all the commercial establishments and their parking area shall be established in the approval of the general development plan, but in no case shall be more than 20% of the gross area of the PUD. Planned commercial centers shall be a group of commercial uses compatible with the residential nature of the PUD and the remainder of the Town of Denton. These may include any use listed as permitted, conditional or special exception uses in § 128-60. No construction on the planned commercial center shall begin until 30% of the total planned residential units are completed.
(g)
Land and places for public assembly,
recreational buildings, public buildings and accessory buildings,
or may require the reservation of lands for such uses if it is deemed
they are advantageous or necessary for the purpose of serving the
planned unit development and the local community.
(2)
Where permitted. Planned unit developments
are permitted in the SR, TR, MI, MR and PN Floating Zone Districts.
In general, a planned unit development is contemplated in residential
zones where tracts of suitable location, size, and character exist.
The uses/structures proposed are to be planned and developed according
to the requirements and procedures of this chapter. Planned unit developments
shall be approximately located with respect to the general pattern
of urban development, existing or proposed, and to existing public
and private facilities and services.
(3)
Computation of dwelling units permitted.
The total density in the planned unit development will not be greater
than if conventionally developed (i.e., as computed from net area
of the site). The total permitted dwelling units may be averaged over
the entire PUD or clustered in various groupings.
(4)
The setback, lot size, lot dimensions,
lot coverage, height, and yard requirements in the planned unit development
shall be established for each individual project by the Planning Commission.
In establishing these requirements, the Planning Commission shall
consider such factors as the proposed intensity of the project and
the existing character of the neighborhood.
(5)
Land coverage. The maximum amount of land
that may be built over (covered) by parking lots, roads, sidewalks,
or plazas, buildings, or other structures shall be 60% of the net
land area of the PUD.
(6)
Area. The proposed PUD shall in no case
contain less than three acres of land.
[Amended 2-7-2011 by Ord. No. 619, effective 2-17-2011]
(7)
Open space. Common open space shall comprise not less than 25% of the gross area and shall comply with the provisions of Article XVII. All open space shall be designated for the common use of all occupants of the PUD, and at least 50% of such space shall be developed as recreational areas.
(8)
Sanitary facilities. No PUD plan shall
be approved unless the proposed development can be served by public
water and sewer disposal systems, which shall be existing at the time
the plan receives final approval in accordance with all water and
sewer rules and regulations existing at the time of approval. Satisfactory
evidence must be furnished to the Planning Commission and the Town
Council that the existing Town sewer and water systems can handle
the increased demand placed upon them by the proposed PUD and meet
current Health Department requirements for standards of operation.
(9)
Parking. At least two usable off-street
parking spaces shall be provided for each dwelling unit, either on
the lot it occupies or within 150 feet of such lot or of an apartment.
Additional parking may be required as determined by the Planning Commission.
D.
Administrative procedures.
(1)
Preliminary application shall be made to
the Town Council and referred to the Planning Commission for stage
one consideration of the PUD Zone and shall include, but not be limited
to:
(a)
A general diagram showing the PUD
relation to the Town of Denton and major public access to the PUD
(15 copies).
(b)
The general development plan or concept
plan setting forth preliminary information as identified in Appendix
I at the end of this chapter. In addition to such information, the
Planning Commission may require, but shall not be limited to, the
following:
[1]
Elevations and percentages of each
building type, number of units and location of buildings.
[2]
Proposed convenience centers, open
spaces, their size, their location, their uses, and their proposed
ownership (Town and/or association).
[3]
General statement concerning provision
of utilities (draft terms and provisions of a public works agreement).
[4]
Statement of expected Town responsibilities.
[5]
Cost benefit analysis of the proposed
PUD for the Town.
[6]
Tentative timetable and staging of
development (schedule of construction).
[7]
Applicant shall pay an application
fee as previously established by the Town.
[8]
Property and any other taxes on the
property proposed to be developed shall be current.
(c)
After the Planning Commission makes
its findings, the application will be forwarded to the Town Council
for consideration. If the Town Council finds that the proposal has
merit, it will be conditionally approved.
(2)
Preliminary site plan. The developer shall
submit the following to the Planning Commission for its review after
receiving conditional approval from the Town Council:
(a)
Fifteen copies of a preliminary site
plan shall be filed with the Town. The preliminary site plan shall
comply with the requirements of this article and be accompanied by
such other written or graphic material as may be necessary or desirable
in aiding the decisions of the Town Council and the Planning Commission.
(b)
The Planning Commission shall review
the site plan for compliance with the requirements of this chapter.
In their review of the preliminary site plan the Planning Commission
shall consult with such Town officials and its consultants as may
be appropriate, and may offer such comments as may be appropriate.
(c)
Preliminary site plan shall include
but not be limited to the requirements set forth in Appendix I of
this chapter.
(d)
The preliminary site plan shall be
accompanied by a schedule of construction or timetable (acceptable
to the Town Council and Planning Commission).
(e)
The developer shall provide a statement
detailing the means by which the PUD and all its various aspects shall
be managed. This shall include deed restrictions and covenants designed
to ensure perpetuity of agreements.
(f)
The preliminary site plan shall also
include a management statement governing the construction, operation,
and maintenance of:
[1]
Sanitary and storm sewers, water
mains, stormwater facilities, and other underground structures.
[2]
Streets, alleys, driveways, curb
cuts, entrances and exits, parking and loading areas, and outdoor
lighting systems.
[3]
Parks, parkways, cycleways, playgrounds,
open spaces, fences, walls, screen planting, and landscaping and signs.
(g)
The Planning Commission and/or Town
Council may establish additional requirements for preliminary site
plans for the PUD.
(h)
After review and a public hearing
on the proposed zoning, the Planning Commission shall return the site
plan, together with comments and recommendations, to the Town Council
for appropriate action.
(3)
Final review and approval procedure.
(a)
The Town Council shall review the
final preliminary site plan and other documents.
(b)
The Town Council shall hold a public hearing in the manner required in Article XX of this chapter.
(c)
The Town Council may approve or disapprove
the proposed PUD zoning. In granting approval, the Town Council shall
secure:
[1]
A surety bond or equivalent to be
filed for or deposited in escrow with the Town Council in an amount
sufficient to ensure completion of all requirements established by
the Town Council.
[2]
A final site plan in the form of a final plat shall be prepared, filed, and recorded. The final plat shall comply with the specifications set forth in Appendix I, and applicable state, county and Town laws, regulations, and ordinances governing the subdivision of land. (See Chapter 73, Land Subdivision.)
[3]
Permits for building shall be issued
in accordance with the schedule for construction approved by the Town
Council as part of the final approval.
[4]
When a PUD is to be developed in
stages, each stage shall be processed as a separate development after
first submitting and receiving approval of the PUD Zone for the entire
project.
[5]
As part of the final approval, the
Town Council shall approve dates for initiation and completion of
the PUD and/or its phases. Any departure from these dates shall constitute
material breach of contract, and outstanding bonds can be called in.
The Town Council may waive for cause.
[6]
For issuance of more than one residential
building permit for the property, the applicant and Town shall execute
a public works agreement that memorializes the rights and obligations
of the applicant and Town with respect to public and private improvements
and rights-of-way.
