A. 
There is a general presumption that an application for a PUD project at an appropriate location conditionally approved as a PN District, proposing uses permitted within the PN District with residential densities as provided in this section, inures to the general benefit of the Town and is in compliance with the Town's Comprehensive Plan.
B. 
Applicability. The Town Council may apply the PN Planned Neighborhood District to any lands annexed by the Town that have not been rezoned prior to the original adoption of this section, Ordinance No. 446, adopted May 3, 2004, and effective May 10, 2005. The PN District is intended to apply to tracts of land exceeding 50 acres.
C. 
Intent. The PN Planned Neighborhood District is intended to promote the following:
(1) 
Implement the recommendations of the Denton Comprehensive Plan;
(2) 
Develop neighborhoods that are pedestrian-friendly and encourage pedestrian travel;
(3) 
Promote design that results in residentially scaled buildings fronting on and generally aligned with streets;
(4) 
Encourage the inclusion of a diversity of household types, age groups, and income levels;
(5) 
Promote traditional town building and site development patterns with an interconnected and broadly rectilinear pattern of streets, alleys, and blocks to accommodate both pedestrians and automobiles;
(6) 
Encourage the creation of functionally diverse but visually unified communities focused on central squares;
(7) 
Promote the use of neighborhood greens, landscaped streets, boulevards, and single-loaded parkways woven into street and block patterns to provide space for social activity, parks, and visual enjoyment;
(8) 
Provide buildings for civic or religious assembly or for other common or institutional purposes that act as visual landmarks and symbols of identity;
(9) 
Promote the location of dwellings, shops, and workplaces in close proximity to each other, the scale of which accommodates and promotes pedestrian travel for trips within the community;
(10) 
Preserve open space, scenic vistas, agricultural lands, and natural areas;
(11) 
Permit design flexibility to achieve an appropriate mix of residential and nonresidential building uses and
(12) 
Require efficient utilization of designated growth areas.
D. 
Land uses in the PN District. The uses permitted within the PN District shall be as established by the land use table set forth in this chapter, which shall prevail over conflicting requirements of this chapter or the Subdivision Regulations, Chapter 73, Land Subdivision.
E. 
Density determination.
(1) 
General. The total number of dwelling units permissible in a PUD project in the PN District shall be determined in accordance with the provisions of this section (as adjusted by density bonuses as set forth below), subject to the following:
(a) 
Areas used for nonresidential purposes shall be subtracted from the adjusted tract acreage, as described in Subsection E(2) below, before determining permissible residential density.
(b) 
All dwelling units constructed above commercial uses in the storefront area shall be permissible in addition to the number of dwelling units otherwise authorized under this section. However, the total number of dwelling units in a development shall not be increased by more than ten (10) dwelling units or 5%, whichever is greater.
(c) 
Base density calculation. The land area shall determine base density yielded through calculations of the adjusted tract acreage (also defined as "net area"), as determined by Table E(2). The minimum residential density for a proposed PN District shall be 3.5 dwelling units per adjusted tract acres. Except as may be provided below, the maximum residential density for a proposed PN District shall be no more than 5.0 dwelling units per adjusted tract acre.
(2) 
Table E (2) Table Density Factors for Calculating Adjusted Tract Acreage Density.
Factor
Description of Constraint
DF 1
0.00
Street rights-of-way, floodways within one-hundred-year floodplain; wetlands and soils classified as "very poorly drained"; utility easements for high-tension electrical transmission lines (less than 69 KV); steep slopes, that is, those greater than 25%; soils classified as "poorly drained" (in unsewered areas); one-hundred-year floodplain (excluding floodways or wetlands within the floodplain); additional environmental constraints, such as FIDS and other habitat areas
DF 2
0.05
Resource Conservation Area of Critical Area Buffer): shall be applied only to area components not constrained by DF 1
DF 3
0.75
Soils classified as "poorly drained" (in sewered areas); slopes between 15% and 25%
DF 4
1.00
Unconstrained land
(3) 
Density incentives to further certain public objectives.
(a) 
Housing type diversity. A density increase of up to 5% is permitted at the discretion of the Town Council when the proposal provides a mixture of at least four of the five of the following types of housing: single-family detached, two-family (semidetached), multifamily, townhouse, and apartments. The architecture of the proposed dwellings shall be harmonious among the various housing types, and they shall be integrated physically; that is, they should not be separated into different neighborhoods but rather mixed in together on the same streets so that at least two dwelling types are located together within the same block.
(b) 
Implementation. For each of the public purposes described in Subsection E(3)(a) above, if the Town Council is satisfied that the public purpose objectives are being satisfied, density bonuses may be implemented by reducing the minimum lot area requirements up to 20%. The cumulative density bonuses applied to a PUD project may not exceed 10% of the maximum residential base density.
F. 
General design requirements.
(1) 
Design standards referenced in this section shall be considered as minimum performance standards for the PN District.
(2) 
Planned neighborhoods are intended to provide for a range of complementary uses. They may consist of up to four use areas: single-family residential areas (SRAs), central residential areas (CRAs), storefront areas (SAs), and conservation areas (CAs). At a minimum, they must contain both a SRA and a CA. These areas are intended to provide for the diversity necessary for traditional town life while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other.
(a) 
Single-family residential areas (SRAs) provide locations for a broad range of housing types, including single-family detached, semidetached, and attached, and may also include accessory dwelling units. SRAs may include the Rural Conservation District (Resource Conservation Area of the Critical Area); however, no more than one detached single-family residential dwelling unit and one caretaker dwelling unit may be allowed per 20 acres and shall be subject to award of growth allocation. See § 128-24.
(b) 
Conservation areas (CAs) are permanently protected open spaces, including greens, commons, passive and active recreation areas, environmentally sensitive and constrained areas, habitat protection areas, and private noncommon acreage used for agriculture, wholesale nurseries, tree farms, equestrian facilities, etc.
(c) 
The central residential area (CRA) is intended to contain a variety of housing options and related uses.
(d) 
The storefront area (SA) is intended primarily to provide uses that meet the retail and service needs of a traditional community center and its vicinity within one- and two-story buildings. It may contain other compatible uses, such as civic and institutional uses of community-wide importance, specifically including second-floor residential uses.
G. 
Development standards.
(1) 
The following development standards shall apply to the PN District:
(a) 
The setback, lot size, lot dimensions, lot coverage, height, and yard requirements in the PN shall be established for each project by the Planning Commission in accordance with the PN design guidelines in Appendix III. In establishing these requirements, the Planning Commission shall consider such factors as the proposed development intensity and the existing character of adjacent neighborhoods.
(b) 
Land coverage. The maximum amount of land that may be built over (covered) by parking lots, roads, sidewalks, plazas, buildings, or other structures shall be 60% of the adjusted tract area of the PN property(ies).
(c) 
Minimum required open space.
(i) 
Minimum open space, including parks, recreational, habitat, forest, agriculture, stream buffers, and wetland preservation areas, shall be provided as prescribed in Article XII Common Open Space. Not less than 50% of the minimum required open space shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above.
(ii) 
Open space land shall be permanently protected through conservation easements and may be developed for uses consisting of the following:
[1] 
Agricultural uses, including horticultural, wholesale nurseries and the raising of crops, and buildings related to the same;
[2] 
Equestrian facilities, including related stables and pastures;
[3] 
Woodlots, arboreta, and other similar silvicultural uses;
[4] 
Woodland preserve, game preserve, wildlife sanctuary, conservation meadows, or other similar conservation uses;
[5] 
Municipal or public uses, public park or recreation area owned and operated by a public or private nonprofit agency, or governmental or public utility buildings or uses, not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, or private or municipal sanitary landfills; and
[6] 
Active or passive recreation, if it is noncommercial and provided that no more than 50% of the minimum required open space is so used. Parking areas and any roofed structures associated with the active recreation may not be included within the 50% minimum.
(iii) 
The required open space shall be located and designed to add to the visual amenities of neighborhoods and the surrounding area by maximizing the visibility of internal open space as terminal vistas (the building or landscape seen at the end of a street or along the outside edges of street curves) and by maximizing the visibility of external open space as perimeter greenbelt land (the undeveloped and permanently protected acreage around a community). Such greenbelt open space shall be designated to provide buffers and to protect scenic views as seen from existing roadways and public parks and shall not be less than 100 feet deep.
(iv) 
PN developments shall include multiple greens, commons, or passive parks measuring a total of at least 1,500 square feet for each dwelling unit, plus 500 square feet of land for active recreation per dwelling unit.
(v) 
Civic greens or squares shall be distributed throughout the neighborhood so as to be located within 1,500 feet of 90% of all residential units in the SRA and CRA areas.
(2) 
Residential unit mix. At a minimum, each PN development shall have at least three of the five unit types. Each phase of a proposed PN shall have at least three of the five unit types. The Planning Commission may vary this phase requirement if satisfied that at build-out, three of five unit types are included in the overall PN development. Each phase of a proposed PN development shall provide housing opportunities for a diverse population mix of age groups and income levels.
Unit Type
Minimum Percentage
Maximum Percentage
Detached single-family dwelling
50
80
Two-family dwelling
10
40
Townhouse
5
20
Multifamily
5
10
Apartment
5
10
H. 
Small PN projects. The Town Council may modify the minimum standards established in Subsection F above for a PN development of less than 50 acres, provided:
(1) 
The proposed PN development is shown as part of and integrated into a general development plan for an adjacent (larger) PN project; the applicant demonstrates that the proposed development could be integrated into an adjacent development(s) or neighborhood(s) by such features as street extensions, the location of its SAs, and the location of common areas; and the Town Council determines that the proposed design meets the goals and objectives of the Comprehensive Plan and the intent of this section; or
(2) 
The Town Council may find that the proposed PN is an infill or transition project between existing developments and/or adjacent to a proposed or planned large- scale PN project and that the proposed design of the PN project is consistent with the goals and objectives of the Comprehensive Plan and the intent of this section.
(3) 
All PN projects shall be consistent with the PN design guidelines.
A. 
Purpose. The purpose and intent of the PN District floating zone amendment process is to permit specific and detailed mapping of areas for planned unit developments (PUDs) to provide for the creation of carefully planned, well-designed residential, commercial, and/or mixed-use communities at appropriate locations.
B. 
PN District design standards. Applicants shall be guided throughout the review process by the PN design guidelines. Because it is recognized that design professionals, including architects, landscape architects, and land planners, are trained to strive for creative excellence, the design standards and criteria are not intended to restrict creative solutions or to dictate all design details. The PN design guidelines serve as a tool for the Town planning staff by providing a checklist of elements to be considered. The standards also inform the design professionals of items that should be considered or included from the outset of the design process.
C. 
Preliminary application. A preliminary application for a floating zone amendment for a PN Planned Neighborhood District approval and a proposed PUD plan conditional approval shall be made to the Town Council. Preliminary applications shall include:
(1) 
A written petition for the location of a PN Planned Neighborhood District and approval of a PUD plan, signed by the owners and contract purchasers, if any, of the property that is the subject of the petition.
(2) 
A narrative describing the following:
(a) 
Statement of present and proposed ownership of all land within the development;
(b) 
Overall objectives of the proposed planned unit development and a statement of how the proposed planned unit development corresponds to and complies with the goals and objectives of the Zoning regulations, the proposed PN District, and the Comprehensive Plan;
(c) 
Method of providing sewer and water service and other utilities, such as but not limited to telephone, cable, gas, and electric services;
(d) 
Storm drainage areas and description of stormwater management concepts to be applied;
(e) 
Method of and responsibility for maintenance of open areas, private streets, recreational amenities, and parking areas;
(f) 
School availability and school population impact analysis;
(g) 
General description of architectural and landscape elements, including graphic representations; and
(h) 
If the petitioner desires to develop the property in phases, a preliminary phasing plan, indicating:
(i) 
The phase(s) in which the project will be developed, the approximate land area, uses, densities, and public facilities to be developed during each phase.
(ii) 
If different land use types are to be included within the planned unit development, the plan should include the mix of uses anticipated to be built in each phase.
(3) 
A concept PUD plan, which includes:
(a) 
Boundary survey, prepared by a professional land surveyor, of the area subject to the application;
(b) 
Graphic and tabular presentation of proposed site development information that clearly depicts the following:
(i) 
Total acreage of subject property and identification of all adjoining landowners;
(ii) 
Description of proposed land uses, including residential, commercial, institutional, and recreational;
(iii) 
Maximum number and type of dwelling units, approximate densities of residential areas, and anticipated population, including a separate population of school-age children;
(iv) 
Land area and locations generally allocated to each proposed use and
(v) 
Location of proposed roads, public open space, any sensitive resource areas (environmental or cultural), and public facilities.
D. 
Referral of preliminary application to Planning Commission. If the Town Council finds that the preliminary application for a PN Planned Neighborhood District approval and a proposed PUD plan conditional approval is generally consistent with the Comprehensive Plan and the standards of the PN District, the preliminary application shall be conditionally approved and referred to the Planning Commission for review in accordance with Subsection E below. "Conditional approval," as used herein, only means the Town Council has made a preliminary finding that the proposal is generally consistent with the Comprehensive Plan and this chapter. Conditional approval shall authorize the Planning Commission, planning staff, and Town consultants to continue to analyze the proposal subject to all applicable review processes and procedures. No development may occur until:
(1) 
A floating zone has been applied to the property by legislative action of the Town Council;
(2) 
A final PUD plan is approved for the floating zone by the Town Council and
(3) 
The Planning Commission approves a final PUD plan, and the subdivision plat is recorded according to the provisions of this chapter.
E. 
PUD plan submittal to the Planning Commission. After the Town Council conditionally approves the preliminary application for a PN Planned Neighborhood District and the proposed PUD plan, the petitioner shall submit the following to the Planning Commission for review and recommendations to the Town Council:
(1) 
Graphic PUD plan requirements:
(a) 
PUD plan that includes the following individual sheets: Single sheets shall not exceed 36 inches by 48 inches. Plans should be presented at a scale no smaller than one-inch equals 400 feet such that the entire site may be shown on a single sheet.
(i) 
Conditionally approved concept PUD plan;
(ii) 
Boundary survey, prepared by a professional land surveyor, including identification of adjacent property owners;
(iii) 
Existing condition information, including (Information may be displayed on more than one sheet for clarity.):
[1] 
Topographic survey (minimum one-foot contour interval);
[2] 
Soils;
[3] 
Forested areas and tree lines;
[4] 
Wetlands, hydric soils, streams, and water features;
[5] 
Steep slopes;
[6] 
Easements and deed restrictions;
[7] 
Roads, driveways, and rights-of-way;
[8] 
Existing buildings and
[9] 
Existing land uses.
(iv) 
Proposed open space, protected areas, public and private parks;
(v) 
Pedestrian and vehicular master plan showing dominant street configuration and pedestrian walking and biking alignments;
(vi) 
Detailed plan of at least one phase, showing:
[1] 
Road alignments;
[2] 
Lot configuration;
[3] 
Commercial area plan, if applicable;
[4] 
Public and private open space(s);
[5] 
Perspective streetscape (typical for represented phase);
[6] 
Examples of proposed residential and commercial architecture;
[7] 
Plan view, perspective, and elevations of private and/or public community facilities; and
[8] 
Plan view, perspective, and elevations of the entrance to PUD, including gateway improvements, if applicable.
(vii) 
Phasing plan, including:
[1] 
The general boundaries or location of each phase.
[2] 
The phase(s) in which the project will be developed, the approximate land area, uses, densities, and public facilities to be developed during each phase.
[3] 
If different land use types are to be included within the planned unit development, the plan should include the approximate mix of uses anticipated to be built in each phase.
(b) 
Studies and reports by qualified professionals:
(i) 
A traffic study that evaluates traffic impacts of proposed entrances on existing public (state, county, and town) roads and major existing intersections within one mile of the project that traffic generated by the proposed project may impact;
(ii) 
Nontidal wetlands delineation;
(iii) 
Endangered species study prepared by qualified professionals; and
(iv) 
Historical and archeological survey.
(c) 
PUD design standards, which shall generally conform to the elements of the PN design guidelines. The PUD design standards should provide specific details regarding the following:
(i) 
Site design standards in the designated neighborhood and/or commercial areas, including permitted uses, building types, frontage, setbacks, lot sizes, building heights, parking, street widths and cross sections, sidewalks, lighting, and road geometry. Lighting should comply with standards set forth in Article XI of this chapter.
(ii) 
Building standards for designated neighborhood and/or commercial areas, including size and orientation, building facades, regulated architectural elements (windows, trim, etc.), rooflines, architectural styles, fencing, parking, and signage.
(iii) 
Landscape, buffer, and environmental standards, including location and scope, materials, and scheduling.
(d) 
Project scheduling information, including anticipated permitting hearings, approvals, construction start, phasing, anticipated absorption, and completion of key site elements. (Note: This information is understood to be representative of a best estimate and will be used by the Town planning agencies as a tool for long-range planning activities but shall not be binding.)
(e) 
The PUD plan shall also include a management statement regarding the anticipated ownership, construction, operation, and maintenance of:
(i) 
Sanitary sewers, water mains, and all stormwater management systems;
(ii) 
Streets, roads, alleys, driveways, curb cuts, entrances and exits, parking and loading areas, and outdoor lighting systems; and
(iii) 
Parks, parkways, walking paths, cycleways, playgrounds, and open spaces.
(2) 
The PUD plan shall comply with the requirements of this section and the requested floating zone. It may be accompanied by other written or graphic material that may aid the decisions of the Planning Commission and Town Council.
(3) 
The Town Council may establish additional and supplemental requirements for the PUD plan during its consideration of the preliminary application if the Town Council determines such requirements are necessary to enable the Town Council to evaluate the particular floating zone amendment request.
F. 
Planning Commission review and recommendation on floating zone amendment and PUD plan.
(1) 
The Planning Commission shall review the PN Planned Neighborhood District floating zone amendment request and the proposed PUD plan and PUD plan for compliance with the requirements of this chapter and consistency with the Comprehensive Plan and the PN design guidelines.
(2) 
The Planning Commission shall evaluate the degree to which the floating zone request and PUD plan incorporates and/or addresses the PN design guidelines and furthers the goals and objectives of the Comprehensive Plan.
(3) 
The Planning Commission may make reasonable recommendations to the petitioner regarding changes to the PUD plan proposal, which, in the judgment of the Commission, shall cause the proposal to better conform to the requirements of the Comprehensive Plan, the PN design guidelines and the goals and objectives of this chapter. The petitioner may resubmit the PUD plan to the Planning Commission in consideration of the Commission's comments.
(4) 
If, after four PUD plan submissions, the PUD plan has not received a favorable recommendation from the Planning Commission, the Commission shall make a negative recommendation to the Town Council, setting forth its reasons as to why the PUD plan should not be approved.
(5) 
The Planning Commission shall consider and comment on the findings required of the Town Council by Subsection G(2) and shall make a favorable or negative recommendation to the Town Council.
(6) 
The Planning Commission shall return the PUD plan with any revisions, together with written comments and recommendations and its floating zone comments, to the Town Council for action pursuant to the floating zone and PUD plan approval process.
G. 
Town Council approval of floating zone and PUD plan.
(1) 
The Town Council shall review the PUD plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.
(2) 
The Town Council may approve or disapprove the proposed floating zone map amendment and associated PUD concept plan. It shall follow the procedures set forth in Article XV for a zoning reclassification. However, the change or mistake standard set forth in § 128-189A shall not apply to a floating zone amendment that locates a PN District in accordance with this section, and the Town Council shall apply the criteria as set forth in this section. Concurrently with the location of a floating zone, the Town Council may approve the PUD concept plan, which, in addition to the provisions of the PN District, shall govern the subdivision and/or development of the property. In approving the PN District floating zone map amendment, the Town Council shall make findings of fact, including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the areas, and the relationship of the proposed amendment to the Comprehensive Plan. The Town Council may approve the PN District map amendment if it finds that the proposed floating zone amendment is:
(a) 
Consistent with the Comprehensive Plan;
(b) 
Consistent with the stated purposes and intent of the PN District;
(c) 
Complies with the requirements of this chapter; and
(d) 
Is compatible with adjoining land uses.
(3) 
After approval of a floating zone amendment by the Town Council, two complete copies of the approved PUD concept plan shall be filed with the Town Clerk. Eight additional complete copies of the approved PUD concept plan shall be filed with the Director of Planning for Planning Commission reference during its subsequent review and approval of subdivision plans and/or site plans.
(4) 
As part of the final PUD concept plan approval, the Town Council shall approve a date for initiation of the proposed development.
(5) 
In the event that a floating zone amendment or a prior annexation agreement with a PN floating zone is approved by the Town Council without subdivision and approval of an associated PUD concept plan, the subject property may not be subdivided until the owner complies with the PUD review and approval provisions of this chapter, and may not be developed except in conformance with a subdivision plan as required by and in conformance with this chapter.
H. 
Additional required procedures.
(1) 
The administrative procedures for approval of a site plan for property located within the PN District are set forth in Article XVI of this chapter. Subdivision plans shall conform to the approved PUD concept plan, including the PUD design standards.
(2) 
The administrative procedures for approval of a subdivision located within the PN District shall be those of Chapter 73, Land Subdivision. Final subdivision plans shall conform to the approved PUD concept plan.
(3) 
Any development, site plan, or subdivision approval for land in a PN District shall be consistent with the provisions of the PN District and the specific PUD concept plan applicable to the property, as approved or amended by the Town Council.
I. 
Amendment of PUD plan. The procedure for amendment of an approved PUD plan (concept, preliminary, or final) shall be the same as for a new application, except that the Planning Commission may approve minor amendments of a PUD plan at a regular meeting.
(1) 
Using the guidelines set forth below, the Director of Planning shall determine whether the proposed amendment is minor. An amendment shall be deemed a minor amendment, provided that such amendment:
(a) 
Does not conflict with the applicable purposes and land use standards of this chapter;
(b) 
Does not prevent reasonable emergency vehicle access or deprive adjacent properties of adequate light and airflow;
(c) 
Does not significantly change the general character of the land uses of the approved PUD plan (concept, preliminary, or final);
(d) 
Does not result in any substantial change of major external access points;
(e) 
Does not increase the total approved number of dwelling units or height of buildings; and
(f) 
Does not decrease the minimum specified setbacks, open space area, or minimum or maximum specified parking and loading spaces.
(2) 
The phrase "minor amendments" includes, but is not limited to, changes to the location, number, or types of uses within the planned unit development or any phase(s) thereof, subject to Subsection I(1)(c), above; internal road locations or configurations; the number, type or location of dwelling units, subject to Subsection I(1)(e), above; and the location of public amenities, services or utilities.
(3) 
The Planning Commission may only approve minor amendments that increase residential density or intensify nonresidential uses if the amendments provide for enhancement of the architectural design and landscaping of the area subject to the amendment.
(4) 
Any amendment of a PUD plan that adversely impacts upon the delivery or the Town's cost of public utilities, public services, public infrastructure, or otherwise affects amenities available to the public or the public health and safety shall not be considered a minor amendment.