[Added 7-13-2005 by Ord. No. 2005-7]
A.
Residential Planned Community Districts are intended
to provide quality, larger scale development where conventional zoning
may be inappropriate. Project planning is performed for the entire
development rather than on an individual parcel or development basis.
B.
Development of residential planned communities (RPC)
within the Town of Georgetown will provide a development tool in which
new development, infill development and redevelopment of older neighborhoods
can be achieved reflecting the urban design and scale of the Town
by incorporating and building on the unique features and character
of the community.
C.
A residential planned community (RPC) is a concept
which encourages and permits variation in residential development
by allowing deviation in lot size, bulk requirements or type of dwelling,
lot coverage and open space from that which is required in any one
residential district, to encourage design flexibility and coordination
of architectural style of buildings, streets, lighting, signage, landscaping
and the existing neighborhood and historic land development patterns.
D.
The purpose of this article is to establish procedures
and standards for residential planned communities (RPC) in order that
the following objectives are attained:
(1)
Flexibility in design to take the greatest advantage
of natural landscapes, existing community character and layout, trees
and other natural vegetation, historic structures and other features.
(2)
Accumulation of large areas of useable open
space for recreation, preservation of natural or historic amenities
or community facilities.
(3)
Creation of a variety of residential and compatible
neighborhood arrangements that give the home occupant greater choice
in selecting types of environment and living units.
(4)
Clustering of residential types for better use
of land and open space, as long as the resultant density does not
exceed the density typically allowed in the underlying zoning district.
(5)
Allowance of sufficient freedom for the developer
to take a creative approach to the use of land and related physical
development, as well as utilizing innovative techniques to enhance
the visual character of the Town.
(6)
Efficient use of land which may result in reduction
in development and maintenance costs of street and utility systems.
(7)
Establishment of criteria for the inclusion
of compatible associated commercial uses to complement the residential
areas within a residential planned community (RPC).
(8)
Provide and incorporate planning principals
to support pedestrian, bike use and transit use within and outside
of the community.
(9)
Provide an open space system that shall consist
of both active and passive uses and areas.
A.
To enable the RPC District to exist in harmony with
land use component of the Town's Comprehensive Plan, the RPC District
is created as a special district to be superimposed on other districts
contained in the Town of Georgetown Zoning Ordinance and is to be
designated by a special symbol on the Official Zoning District Map.
B.
The housing types, permitted uses, minimum lot requirements,
maximum height, minimum yard requirements and accessory uses and accessory
signs shall be determined by the requirements and procedures set forth
in this article, and shall prevail over conflicting requirements of
these regulations or ordinances governing the subdivision of land.
The minimum area for a RPC District shall be
10 acres.
The lot area and width for residential units
must meet the following minimum standards:
|
Housing Type
|
Minimum Lot Area
(per dwelling unit)
|
Minimum Lot Width
(feet)
| |
|---|---|---|---|
|
Single-family detached
|
5,0000 square feet
|
50
| |
|
Multifamily attached
| |||
|
Townhouse
|
2,000 square feet
|
20 per unit
| |
|
Duplex
|
3,000 square feet
|
30 ft. per unit
| |
|
Patio or lot line house
|
4,000 square feet
|
40
| |
|
Multiplex*
|
8,000 square feet per building
|
50
| |
|
Apartment
|
1 acre
|
100
| |
|
NOTES:
* Area and width per building
|
A.
The side building setback for zero lot line houses
may be reduced to zero feet on one side. This reduction does not apply
to the street side setback or to the interior side setback adjacent
to lots that are not zero lot line development.
B.
Development with no side yard setbacks on both sides
is allowed only for interior townhouse units.
C.
Construction on interior lots with no side yard or
setback is allowed only where access to the rear of the building is
provided on site or by alley or access easement.
The number of dwelling units permitted shall
be determined by dividing the net development area by the minimum
lot area per family or dwelling unit required by the underlying district
or districts in which the area is located. Net development areas shall
be determined by subtracting the area set aside for state and federal
wetlands from the gross development area and deducting 25% of the
remainder for streets or the actual area of proposed streets, whichever
is less. The area of land set aside for commercial use, common open
space or recreational use shall be included in determining the number
of units permitted.
The land within a RPC District need not be under
single ownership, provided that assurances are given through the procedure
contained in this article or elsewhere in these regulations that the
project can be successfully completed.
An application for approval of a RPC may show and be processed concurrently with a separate application for establishment of a residential district in accordance with regulations applicable to such district. Establishment of the district boundaries shall be in accordance with procedures for changes and amendments contained in Articles XXV and XXVI.
In addition to the other provisions contained
in this section, the approval of a zoning request or designation as
a RPC - Residential Planned Community shall include consideration
of the following:
A.
Integration of the proposed development into existing
terrain and surrounding landscape.
B.
Minimal impacts on wetlands and floodplains.
C.
Preservation of natural and historic features.
D.
Preservation of open space and scenic views.
E.
Minimization of trees, vegetation and soil removal
and grade changes.
F.
Effects on area waterways.
G.
Minimization of erosion and sedimentation, minimization
of changes in groundwater levels and increased rates of runoff, minimization
of potential for flooding and design of drainage so that groundwater
recharge is maximized.
H.
Provision for appropriate integration with existing
community, such as street network, sidewalks, pedestrian pathways
and trails, and the general historic land development pattern of the
Town.
I.
Provision for adequate and safe vehicular and pedestrian
movement within the site and adjacent ways.
J.
Effect on area property values.
K.
Preservation and conservation of farmland.
L.
Effect on schools, public buildings and services and
community facilities.
M.
Effect on area roadways and public transportation,
based on a traffic impact study.
N.
Compatibility with adjacent land uses.
O.
Whether, in the opinion of the Town Council, the estimated
expense to the Town cannot be justified on the basis of estimated
tax returns or impact fees which would accrue to the Town within a
reasonable time period. A cost benefit analysis should be completed
to determine benefits of the project to the Town.
A.
Within a RPC - Residential Planned Community District,
a mixture of residential and commercial uses shall be highly encouraged.
Any proposed commercial uses should be conveniently located to serve
the residents of the community and be well located in relation to
transportation. Commercial uses may be located within mixed-use buildings
where commercial uses occupy the 1st floor of the structure and residential
uses occupy additional upper floors.
B.
Within a RPC where commercial uses are provided, the
maximum land area devoted to commercial uses shall not exceed 15%
of the gross acreage of the project site.
C.
In areas where the proposed RPC is adjacent to existing
mixed-use or commercial areas of the Town, the location of the mixed
use or commercial uses in the RPC may be located adjacent to the existing
uses and provide a gradual transition between commercial and residential
uses.
D.
Commercial uses should be limited in size and intensity
so as to enhance the predominantly residential neighborhood. All commercial
uses must be compatible with residential uses.
E.
In no case shall commercial uses within a RPC be located
closer than 50 feet to any residential district or use located outside
of the RPC District or project.
F.
Any change in an approved commercial use within a
RPC must be reviewed and approved by Planning and Zoning to assure
compliance with these regulations. If the proposed change does not
meet the requirements of this article, the proposed change will be
referred to the Planning Commission for review and approval.
The following uses are permitted in a RPC:
A.
Residential uses. A mix of residential dwelling types
is required within a RPC; however, single-family detached dwellings
must be the greatest type of dwelling. A minimum of at least three
of the following permitted housing types must be provided including
at least one multi-family dwelling type:
(1)
Traditional single-family detached dwellings,
village homes, off-center homes and lot line houses; multifamily dwellings,
including townhouses, duplex (twin) and multiplex and apartments.
B.
Commercial uses:
(1)
Small neighborhood businesses and services as
identified in the UB2 District regulations. Any use more intense than
the uses identified in the UB2 District regulations may be approved
by the Planning Commission.
(2)
Offices, temporary or permanent for construction
or sales use. The location and time period for any temporary office
must be approved by the Planning Director, and any appropriate permits
must be acquired. Trailers may not be used for temporary sales offices.
(3)
Private schools, cultural or religious facilities
and private service and nonprofit organizations.
(4)
Public service facilities such as public schools,
fire stations and police stations shall be permitted but must not
comprise more than 10.0 percent of the total development tract. Such
facilities will be dedicated to the Town of Georgetown or other governmental
agency. Land dedicated to public facilities may be counted towards
required open space. Lands dedicated for public facilities shall be
used in the calculation of overall density.
A.
Clubhouses and indoor recreational facilities.
B.
Outdoor recreational facilities.
C.
Commercial parking areas.
D.
Central parking areas or off-site garages for storage
of recreational vehicles and watercraft for use by residents only.
E.
Customary residential accessory uses such as sheds
and detached garages.
F.
Accessory signage; however, all signage must be coordinated
and thematic in approach.
Private accessory structures such as sheds shall
not be permitted in common lands or condominium communities. Such
structures must be attached to the primary structure.
Any commercial use requiring bulk storage or
hazardous material of any kind.
No RPC - Planned Residential Community District
plan shall be approved unless the proposed development will be served
by public water and sewer disposal systems which will be existing
at the time of construction. A public works agreement will be required
prior to final approval of a RPC which will guarantee that the necessary
infrastructure improvements to serve the community will be provided
and constructed by the developer. Construction permits and certificates
of occupancy shall be phased based on adequate public facilities availability.
The Town Council may, under certain circumstances, approve private
water and sewer systems.
The Planning Commission, using the RPC District,
may recommend that the following development standards be modified.
A.
Building setbacks as established in the underlying
zoning districts.
B.
Height, area and bulk requirements related to each
proposed land use.
C.
Required number of off-street and on-site parking
spaces.
D.
Street width, design and layout; however, construction
requirements with respect to paving sections, materials and tabulation
of structural numbers may not be modified. Modification of street
width is subject to review by public safety agencies and must be approved
by the Planning Commission and Town Engineer.
E.
All other aspects of development must follow the applicable
requirements of the Town Code, Development Standards and Standard
Specifications and Details.
F.
Any other requirements as deemed appropriate by the
Planning Commission and Town Council. The Planning Commission must
deem any proposed modification as beneficial to the Town and be based
on recognized principles of civic design, land use planning and landscaped
architecture.
Approval of alternative development standards using the RPC District differs from the variance procedure described in Article XXII (Board of Adjustment) of this chapter in that rather than being based upon a hardship or unusual circumstances related to a specific property, the approval of alternative development standards proposed within a RPC project shall be based upon criteria listed in the consideration factors for approval listed in § 230-75.9 and approved by the Town.
A.
Design of parking areas, streets or alleys intended
to be dedicated to the Town of Georgetown shall meet the minimum construction
specifications established by the Town of Georgetown with respect
to pavement section, materials and tabulation of structural members.
B.
Street width may be reduced in designated areas of
a RPC if the applicant can demonstrate that the design does not compromise
the health, safety and welfare of the community, provides adequate
emergency access to buildings and incorporates many of the following
design criteria:
(1)
Dwelling units within the community are provided
with adequate parking in the rear of units accessed by alleys.
(2)
Adequate parking is provided behind the dwelling
units and accessed by driveway and screened from view of the street.
(3)
Adequate parking is provided by driveway and/or
front facing garage with no on street parking.
(4)
Any on-street parking is clearly defined using
stripping, lines, bump outs or other traffic calming measures.
(5)
Adequate off-street and/or overflow parking
is provided using well-defined parking lots or areas, preferably located
near community amenities.
(6)
A well-defined street hierarchy is established
providing both collector and minor streets. Residential lots must
not take access from collector streets.
(7)
Adequate turning radii are provide.
(8)
Well-designed and aesthetically pleasing crosswalks,
sidewalks and pedestrian amenities are incorporated in the overall
street design.
C.
Any request for reduction of street width will be
reviewed and approved on a case-by-case basis by the Planning Commission
and Town Council. In no case shall the minimum street width be less
than 24 feet. Street widths of 24 feet will not be permitted on culs-de-sacs.
The following design elements and conditions
shall be applied by the Town in reviewing and approving any RPC development
plan and shall be in addition to the standards found in the Town of
Georgetown Development Design Standards.
A.
Buildings, architecture and design.
(1)
Residential buildings.
(a)
A mix of housing types, lots sizes and styles
is required. Housing types shall be integrated within the RPC.
(b)
Architectural styles that reflect traditional
architecture of the lower Delmarva Peninsula shall be encouraged.
(c)
Structures shall have a mix of sizes, styles,
facades and roof pitch.
(d)
The use of greens, squares and other open space
features shall be encouraged. Residential structures should be located
with views of open space and have easy access to open space and recreational
amenities.
(2)
Commercial buildings.
(a)
All buildings should be designed to convey a
small-scale town character and shall have a consistent architectural
theme and small town scale.
(b)
Buildings shall be topped with pitched roofs
with overhanging eaves or with flat roofs with articulated parapets
and cornices. Materials on pitched roofs shall be slate (natural or
man-made), shingle (either wood or asphalt) or metal formed to resemble
standing seams. Roof color shall be traditional and compatible with
retail and residential buildings in the area. Facias, dormers and
gables should be used to provide visual interest and pedestrian scale.
(c)
Exterior wall materials shall be predominantly
brick, with limited use of stucco, clapboard, stone or decorative
split face block, of a shape, color and texture compatible with other
buildings in the area.
(d)
Commercial buildings within a RPC should be
located close to the street with parking provided behind or to the
side of the building. Parking areas should be well landscaped incorporating
street trees, planting islands and other appropriate elements and
materials.
B.
Open space and recreation.
(1)
Greens should be provided within the development.
A green typically 5,000 square feet to 10,000 square feet in area
or larger shall be created and maintained as open space around which
dwellings are arranged. Greens are typically maintained as common
open space areas consisting of lawn, trees and other landscaping,
sidewalks or pathways, benches etc.
(2)
Open space areas shall not comprise less than
15% of the gross area of the RPC. Twenty-five-percent of said open
space shall be designed and developed for active recreation. All open
space may be open to the use of residents or dedicated to the Town
of Georgetown as public parkland upon mutual agreement between the
Town and the applicant/developer.
(3)
Open space areas with exception of greens shall
be arranged to maintain contiguity with other designated open space
areas or similar areas on adjacent lands in order to ensure the potential
for a contiguous open space network throughout the Town.
(4)
The size and location and configuration of open
space lands must provide adequate access to residents and enable appropriate
access for maintenance. Long, thin or inaccessible areas of open land
should be avoided.
C.
Landscaping requirements.
(1)
Existing mature trees, forests or groves should
be protected and incorporated into the design of the proposed development.
(2)
Street trees should be provided. Adequate planting
strips should be provided between the street and sidewalk to allow
for street trees and other landscaping. Plant species should be utilized
that will minimize future impacts to sidewalks and streets due to
size of root growth.
(3)
Landscaped buffers using a combination of berms
and plantings shall be used to buffer uses within a RPC and arterial
or major collector roadways such as Routes 9, 18 or 113.
D.
Street network, access and circulation.
(1)
The proposed street layout should provide an
attractive streetscape.
(2)
A hierarchy of streets should be provided which
promotes safe residential access and efficient circulation through
the community.
(3)
Any through traffic should be restricted to
proposed collector streets within the community. Interconnectivity
with existing adjacent street networks shall be achieved if at all
possible.
(4)
The use of alley shall be encouraged to allow
vehicular access and parking on the side and rear of residential lots.
(5)
The proposed streets shall be an extension of
the existing street network of the Town of Georgetown. Interconnection
of streets as well as pedestrian and bicycle facilities must be achieved
if at all possible. Accommodations for future extension of streets
to adjoining properties must also be incorporated into the plan.
(6)
The proposed street layout should accommodate
any proposed road of highway improvements indicated by the Comprehensive
Plan.
(7)
Traffic calming techniques shall be used to
slow the flow of traffic within the RPC.
(8)
Sidewalks, bike paths and trails linking existing
developed areas, parks and community destinations shall be incorporated
into the plan.
(9)
The use of pedestrian and cyclist amenities
shall be provided such as bus shelters, bike racks, benches, etc.
E.
Lighting and signage.
(1)
Streetlights should be of a consistent style
throughout the RPC and be compatible with existing streetlights within
the existing developed areas of the Town of Georgetown.
(2)
Signage should be of a consistent style throughout
the RPC. Any sign permitted in the UR1, UR2, UR3 or UB2 Districts
shall be permitted.
(3)
The Planning Commission shall review all proposed
signs for consistent style, materials and color.
In approving a RPC, the Planning and Zoning
Commission may recommend and the Town Council may adopt a schedule
of construction. If such a schedule is adopted, no permits for construction
shall be issued except in accordance with the adopted schedule. Where
single-family and multifamily dwellings types are part of the development
or where nonresidential uses are part of the development, the schedule
of construction may require concurrent construction of a given type,
number or use in proportions recommended by the Planning Commission
and adopted by Town Council.
Before approval of a development plan for a
RPC, the Planning Commission may recommend and Town Council may require
a contract with financial safeguards approved by the Town Attorney
guaranteeing completion of the development plan in a period to be
specified by the Commission in approving the RPC site plan.
If after approval and recording of the master
plan, the owner/developer desires to incorporate additional land or
after-acquired adjacent land area in to the development plan, a conference
shall be held with the Planning Director for the purpose of reviewing
the additional land. If an application is filed, the procedural requirements
shall be as for other RPC developments and shall be considered as
the establishment of a new and separate district.
Deed restrictions for both residential and commercial
components of the RPC must be drafted to the satisfaction of the Planning
Commission to protect the intent and character of the RPC. Such deed
restrictions must be approved by the Planning Commission and Town
Attorney prior to final plan approval and recorded with the final
plan.
A.
Application.
(1)
Application for the Zoning Map amendment that
applies the RPC District regulations to a particular parcel or parcels
shall be submitted on a form provided by the Director of Planning
and Zoning.
(2)
Together with the application, there shall be submitted a RPC concept plan meeting the submittal requirements of § 194-41A(4) of Article IX of the subdivision regulations.
B.
Administration.
(1)
The RPC District regulations shall be administered and enforced through the procedures for subdivision plan review described in Article IX of the subdivision regulations of the Town of Georgetown, except where noted herein.
(2)
The Planning Commission may require the developer
to establish an escrow account in the amount of at least $7,500 from
which the Planning Commission shall retain, at its discretion, experts
to review the concept plan and/or supporting materials and advise
it on such matters. Such costs shall be in addition to and standard.
(3)
Any material change to an approved RPC concept
plan shall require amendments to the concept plan and approval by
the Planning Commission of such amendments.
C.
Procedures for approval of development plan.
(1)
The Planning Commission shall recommend to the
Town Council approval, approval subject to plan modification or disapproval
of the proposed concept plan and rezoning petition for the property
within 180 days after submission thereof to it; otherwise such RPC
concept plan shall be deemed to have been recommended to be approved
unless a later date is mutually agreed upon in writing by the Planning
Commission and applicant.
[Amended 3-26-2008 by Ord. No. 2008-4]
(2)
In reviewing the application, the Planning Commission shall consider the purposes of the RPC Distinct as herein set forth in § 230-75.1.
(3)
If the Planning Commission finds that a proposed
RPC concept plan meets the purposes and standards of these regulations,
it shall recommend approval of the plan and zoning reclassification
to the Town Council. If the Planning Commission finds that a proposed
RPC concept plan does not meet the purposes and standards of these
regulations, it shall recommend disapproval of the plan and zoning
reclassification to the Town Council. The Planning Commission shall
submit its decision and findings in writing, together with the reasons
therefore, to the applicant and the Town Council.
(4)
The Town Council shall hold a public hearing
on the reclassification and RPC concept plan. The Town Council shall
leave the record open for an additional 10 days following the public
hearing to accommodate receipt of written testimony from parties of
interest who may have been unable to attend the public hearing.
(5)
The Town Council shall review the entire record
of such application and public hearing and may affirm, deny, modify
or establish such other or additional conditions to the recommendations
of the Planning Commission as it may deem appropriate regarding such
application consistent with the intent of this article.
(6)
Following the close of the public comment period,
the Town Council shall make written findings of fact with regard to
at least the following matters:
(a)
The nature and compatibility of the proposed
mix of uses with the Town of Georgetown Comprehensive Plan and the
permitted uses described for the district in this article.
(b)
The nature and compatibility of the proposed
uses with existing adjoining uses and uses within the general neighborhood
of the property.
(c)
The likely impacts that may reasonably be anticipated
associated with the proposed uses.
(d)
The comments submitted into the public record.
(7)
Any departure from the approved RPC concept
plan without approval by the Planning Commission shall be cause for
revocation of the approved RPC application and any permits approved.
Any material change in an approved RPC concept plan shall be submitted
for approval in accordance with this section. At minimum, material
change shall include change in the following:
(a)
The proposed use of any portion of the land,
including open space.
(b)
Residential density and use types (reductions
in density of up to 10% shall not be considered material).
(c)
Overall tract density types (reductions in density
of up to 10% shall not be considered material).
(d)
Street or sidewalk layout and entrance locations
(minor alignment changes shall not be considered material).
(e)
The use of buffering, screening, landscaping
and other means of separating different and incompatible land uses
from each other (minor changes necessitated by detailed engineering
considerations in site design shall not be considered material).
(f)
Overall architectural style and building patterns
and the layout of buildings on lots (minor changes necessitated by
detailed engineering considerations in site design shall not be considered
material).
A.
Approval of a development plan submitted under the
provisions of this article shall expire one year after the date of
such approval unless preliminary subdivision plan approval has been
obtained for the project in its entirety or at least one section thereof.
B.
The Planning Commissioners may grant a one-time extension,
at its sole discretion, based on a presentation by the applicant at
a Planning Commission meeting and on the information provided by the
applicant concerning reasons why the project was unable to proceed
in a timely manner. The period of such extension shall be for a period
of one year. During the meeting at which the applicant requests an
extension, the applicant shall provide copies of the approved development
plan to assist the Planning Commission in its deliberation.
