A.
Permitted uses. Planned unit developments are contemplated to be primarily residential. 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:
(1)
Single-family detached units.
(2)
Multifamily dwellings attached or detached, one- and two-family units, townhouses, and garden-type apartments.
(3)
Apartments.
(4)
An office, temporary or permanent, belonging to the developer and clearly incidental to the management and sales operations of the PUD.
(5)
Temporary structures incidental to construction.
(6)
In a PUD of over 50 acres or more, a planned commercial center may be permitted. Such a commercial center shall be an integral part of the plan for the PUD.
(a)
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 it be more than 20% of the gross area of the PUD.
(b)
Planned commercial centers shall be a group of commercial uses approved by the Planning Commission that are compatible with the residential nature of the PUD and the remainder of the Town of Denton. These may include any retail, commercial, or office use listed as permitted, conditional, or special exception uses in the CBC Central Business Commercial district.
(c)
No construction on the planned commercial center shall begin until 30% of the total planned residential units are completed.
(7)
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 serving the planned unit development and the local community.
C.
Maximum Density and Unit Type Mix.
(1)
Density shall be calculated based on the adjusted tract acreage, the gross site area less existing street rights-of-way, utility easements, one-hundred-year floodplain, and wetlands.
(2)
The maximum allowable density in the PUD by unit type and unit type mix are as follows:
Unit Type | Density (maximum du/acre) | Minimum Percentage | Maximum Percentage |
|---|---|---|---|
In the SR, TR, RA, and MI Districts | |||
Detached single-family dwelling | 8 | 50 | 80 |
Two-family dwelling, Duplex | 8 | 10 | 40 |
Townhouse | 8 | 5 | 20 |
Multifamily | 10 | 5 | 10 |
Apartments | 15 | 5 | 10 |
In the MR and UR Districts | |||
Detached single-family dwelling | 9 | 50 | 80 |
Two-family dwelling, Duplex | 9 | 10 | 40 |
Townhouse | 9 | 5 | 20 |
Multifamily | 15 | 5 | 10 |
Apartments | 20 | 5 | 10 |
(3)
At a minimum, each PUD development and each phase of a PUD shall have at least three of the five unit types. The Town Council, with a recommendation from the Planning Commission, may vary this phase requirement if satisfied that at build-out, three of five unit types are included in the overall PUD development.
D.
The setback, lot size, lot dimensions, lot coverage, height, and yard requirements in the planned unit development shall be established for each 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.
E.
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 70% of the net land area of the PUD.
F.
Area. The proposed PUD shall, in no case, contain less than three (3) acres of land.
A.
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:
(1)
A general diagram showing the PUD's relation to the Town of Denton and major public access to the PUD (15 copies).
(2)
The general development plan or concept plan setting forth preliminary information in Appendix I[1] at the end of this chapter. In addition to such information, the Planning Commission may require, but shall not be limited to, the following:
(a)
Elevations and percentages of each building type, number of units, and location of buildings.
(b)
Proposed convenience centers, open spaces, their size, their location, their uses, and their proposed ownership (Town and/or association).
(c)
General statement concerning the provision of utilities (draft terms and provisions of a public works agreement).
(d)
Statement of expected Town responsibilities.
(e)
Tentative timetable and staging of development (schedule of construction).
(f)
Applicant shall pay an application fee as previously established by the Town.
(g)
Property and any other taxes on the property proposed to be developed shall be current.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
(3)
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.
B.
Preliminary site plan. The developer shall submit the following to the Planning Commission for its review after receiving conditional approval from the Town Council:
(1)
Fifteen (15) 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.
(2)
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. It may offer such comments as may be appropriate.
(3)
Preliminary site plan shall include but not be limited to the requirements set forth in Appendix I[2] of this chapter.
[2]
Editor's Note: Appendix I is included as an attachment to this chapter.
(4)
The preliminary site plan shall be accompanied by an estimated schedule of construction or timetable (acceptable to the Town Council and Planning Commission).
(5)
The developer shall provide a statement detailing the means by which the PUD and all its various aspects shall be managed. This statement shall include deed restrictions and covenants designed to ensure the perpetuity of agreements.
(6)
The preliminary site plan shall also include a management statement governing the construction, operation, and maintenance of:
(a)
Sanitary and storm sewers, water mains, stormwater facilities, and other underground structures.
(b)
Streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas, and outdoor lighting systems.
(c)
Parks, parkways, cycleways, playgrounds, open spaces, fences, walls, screen planting, and landscaping and signs.
(7)
The Planning Commission and/or Town Council may establish additional requirements for preliminary site plans for the PUD.
(8)
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.
C.
Final review and approval procedure.
(1)
The Town Council shall review the final preliminary site plan and other documents.
(2)
The Town Council shall hold a public hearing in the manner required in Article XVII of this chapter.
(3)
The Town Council may approve or disapprove the proposed PUD zoning. In approval, the Town Council shall secure:
(a)
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.
(b)
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,[3] and applicable state, county, and Town laws, regulations, and ordinances governing the subdivision of land. (See Chapter 73, Land Subdivision.)
[3]
Editor's Note: Appendix I is included as an attachment to this chapter.
(c)
Permits for building shall be issued in accordance with the schedule for construction approved by the Town Council as part of the final approval.
(d)
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.
(e)
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 a material breach of contract, and outstanding bonds can be called in. The Town Council may waive for cause.
(f)
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.