§ 319. Planned Development Zone (PD Zone)

A. Planned Development Authorized.

1. Applicability. This Section permits the creation of Land Development Projects in which one (1) or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to the planned development of residential, commercial, municipal, recreational, and open space, or a combination of those uses.

2. Procedural Intent. Planned Development Districts (PD Districts) are intended to give the Town Council an alternative to zoning amendments to allow creative development of certain critical parcels of land located in the Residential C Zone (hereinafter referred to as "Residential C Zone Planned Development Districts"), as well as parcels located within the Residential C Zone, or the New Harbor Commercial Zone which may be designated hereunder as being suitable for conversion of existing buildings to multi-family housing designed to alleviate the critical shortage of moderately priced year round housing, whether or not such housing conforms to the definitions of "affordable housing" under Section 405 (hereinafter referred to as "Multi-Family Housing Planned Development Districts"). The PD District procedures provide for review and public hearing by the Planning Board prior to any Town Council consideration of the zoning amendment and a public hearing before the Town Council. (Amended January 21, 2004)

B. Residential C Zone Planned Development Districts.

1. Objectives.

a. To encourage the effective and timely development of critically located parcels in the Residential C Zone, particularly where the RC Zone abuts the OHC Zone, in accordance with the objectives and policies of the Town's Comprehensive Plan;

b. To allow for cohesive design and development in meeting identified town wide and municipal needs, including parking in the downtown area, affordable housing, day care, and elder care facilities.

2. Standards and Requirements for Residential C Zone Planned Development Districts.

a. Eligible Locations. A Residential C Zone Planned Development District shall consist of lands zoned Residential C Zone, and may also include additional contiguous land and structures, located in another zoning district, if there is a cooperative agreement involving said parcels including shared parking, easements for utilities and vehicular and pedestrian access and compatibility of uses and structures. (Amended July 21, 2004)

b. Owner Consent. No Residential C Zone Planned Development District shall be established or plans reviewed by the Planning Board unless and until there is on file with the Town the written consent of every property owner within the proposed district, at the time of the establishment of the district, agreeing that they will be bound by any conditions, stipulations or restrictions imposed within the district.

3. Conditions. The Town Council may apply such special conditions, restrictions or stipulations to any Residential C Zone Planned Development District established by it as it may, in its opinion, deem necessary to maintain harmony with neighboring uses and promote the purposes of the Comprehensive Plan and this Zoning Ordinance.

4. Permitted Principal Uses. Permitted uses shall be affordable housing, single family dwelling units, parking, daycare, community center, community residences, retail trades, hotels, inn, restaurant, continuation or expansion of existing commercial uses linked with the Planned Development, or any mixture of those uses. Dwelling units dedicated to affordable housing may be arranged in detached or attached structures to a maximum of six (6) units per structure. Dwelling units above commercial or municipal uses are allowed as part of the total plan. (Amended December 3, 2001)

5. Permitted Accessory Buildings, Structures and Uses. The following accessory buildings, structures, and uses may be permitted as part of a Residential C Zone Planned Development District:

a. Off street parking and loading;

b. Any accessory building, structure or use customarily incidental and directly related to the operation of the principal use or uses of the property;

c. Signs, subject to the provisions of this Zoning Ordinance.

6. Utilities. The following regulations regarding utilities shall govern all PD Districts:

a. All structures and uses in the Planned Development shall be served by public water and sewer.

b. All utilities shall be underground and shall be in accordance with the Land Development and Subdivision Regulations and the Utility Standards of the Town.

7. Regulations.

a. Dimensional Standards. Unless modified as provided herein, all applicable dimensional standards for the underlying zoning district in which the property is situated shall apply to any Residential C Zone Planned Development District.

b. Unless modified as provided herein, all Planned Developments in the Residential C Zone Planned Development District shall conform to the off street loading, lighting, sign and all other regulations of the Zoning Ordinance for the zoning district in which the property is situated.

c. Modifications of these regulations may be approved for any Planned Development if both the Planning Board and the Town Council determine that any requested modification:

(1) Results in and facilitates a desirable living environment;

(2) Allows for an identified need in the community to be served;

(3) Is supportable by access provisions and utilities as proposed in the Plan;

(4) Is harmonious with existing character and safeguards the use and value of property adjacent to the area;

(5) Is consistent with protection of environmental resources;

(6) Is consistent with the objectives of the Comprehensive Plan;

(7) Is the smallest departure consistent with achieving all of the above.

C. Multi-Family Housing Planned Development Districts.

1. Objectives.

a. To recognize that certain locations within the Residential C and New Harbor Commercial Zones, given their existing and adjoining land use patterns and the presence of existing buildings which may be suitable for conversion to moderately priced year round multi-family housing; and

b. The modification of the multi-family development requirements otherwise applicable to existing buildings under Section 404(A) (Multi-Family Housing Planned Development Districts) in order to fulfill the objectives and policies of the Town's Comprehensive Plan regarding moderately priced year-round housing.

2. Standards and Requirements for Multi-Family Housing Planned Development Districts.

a. A Multi-Family Housing Planned Development District shall be established only with respect to a parcel containing a structure suitable for conversion to multi-family housing which was in existence as of January 1, 2001, serviced by municipal sewer.

b. The permitted uses in the Multi-Family Housing Planned Development District shall include any use permitted in the underlying zone. In addition, attached multi-family development shall be allowed at such density as may be permitted without expansion or enlargement of the existing building beyond what is necessary to meet health, building and fire code requirements, and subject to the following:

(1) Units shall be limited to one (1) or two (2) bedrooms and there shall be an appropriate mixture of each;

(2) All units shall be winterized and heated;

(3) Each one (1) bedroom unit shall have a minimum of four hundred (400) square feet of floor area;

(4) Each two (2) bedroom unit shall have a minimum of six hundred (600) square feet of floor area;

(5) Due provision shall be made for an appropriate number of units for elderly or handicapped residents;

(6) Due provision shall be made for common recreation area(s) within the building and there shall be suitable availability of outdoor recreation area on the parcel or in the immediate vicinity thereof;

(7) No additional entries shall modify the street frontage of the building.

c. Documents shall be prepared, and recorded on the land evidence records, which will ensure that the sale prices, and resale prices of an appropriate percentage of the housing units will remain moderate such that the purpose and intent of this ordinance will be fulfilled. Notwithstanding any representation by an applicant, should the Town Council in its sole discretion not be satisfied as to the assurances required herein it shall be grounds for denial.

D. Procedures For All Planned Development Districts.

1. Submittals. In addition to any other submittals required under the Land Development and Subdivision Regulations or the Utility Standards the applicant shall also submit:

a. A map showing, for all properties within two hundred (200) feet of the proposed PD District, the locations of all zoning district boundaries, property lines, existing and proposed structures, sites of historic or archeological importance, land uses, and unique natural features of the landscape.

b. If the Planned Development is being proposed for phased development, a description and timing plan for the phasing must be provided as part of the checklist for Master Plan review. At Final Plan review, applicant must submit a construction sequence and time schedule for completion of each phase for buildings, parking, and landscaped areas.

c. Architectural plans for any new construction or exterior alterations to any existing structure.

d. If any modifications of any utility standards, dimensional standards or other regulations are being requested, a written request for such modifications specifying exactly the standard or regulation being modified, the alternative proposed, the reasons why the standard or regulation cannot be met and the justification for the modification as required under Section 319(B)(7)(c) (1 through 7).

e. A written narrative as to the reasons the proposal meets the Comprehensive Plan and the requirements of Section 319(D)(3) (a through i).

f. As part of the Master Plan checklist, written comments from the Historic District Commission (HDC) indicating that the HDC has no jurisdiction over any elements of the PD District or Planned Development or, if it does have jurisdiction, the nature of that jurisdiction and its written comments and any recommendations it may have on the proposal.

2. Planning Board Action.

a. A Planned Development shall be a Major Land Development Plan and shall first follow the procedures of Article 8 of the Land Development and Subdivision Regulations through the Pre-Application and Master Plan stages.

b. Following its Master Plan Public Hearing, the Planning Board may recommend to the Town Council the establishment of a PD District, recommend establishment with such special conditions, stipulations or restrictions as it deems advisable, or recommend denial. The Board shall transmit its recommendations and findings to the Town Council within forty-five (45) days of its decision.

c. Upon the establishment of a PD District and Master Plan concept approval by the Town Council, submittals shall be made to the Planning Board for Preliminary Plan and Final Plan approval as provided in Section 8 of the Land Development and Subdivision Regulations.

3. Town Council Action. Within forty-five (45) days of receipt of the recommendation of the Planning Board, the Town Council shall establish a public hearing date for the application for the establishment of a PD District. The Town Council, after the public hearing, shall make a final determination on a zone change, approving by ordinance the establishment of the proposed PD District, and approving, approving with conditions, stipulations or restrictions or denying the application for the Planned Development Master Plan approval. The Town Council shall render its decision within forty five (45) days of the close of the public hearing. The Town Council may establish the proposed PD District and approve the Master Plan only if it finds, based upon the application submittals, Planning Board recommendation, and information received at the public hearing that:

a. The proposed PD District is in conformance with the Planned Development Ordinance objectives and purposes.

b. The uses proposed will not be detrimental to present and potential surrounding uses but will produce community benefits that could not be achieved under other zoning districts.

c. The streets and access ways proposed are suitable and adequate to carry anticipated traffic and traffic will not overload streets outside the PD District.

d. The design and the community benefit served by the PD District warrant any exception from standard ordinance requirements and the appropriate use and value of property adjacent to the area included in the plan will be safeguarded.

e. The proposed district is in conformance with the Comprehensive Plan of the Town of New Shoreham.

f. The proposal consists of a harmonious grouping of buildings or other structures, adequate utilities, parking and open space planned, as a single and common operating and maintenance unit, if applicable.

g. The existing or proposed utility services are adequate for the projected demand.

h. The proposal exhibits sensitivity to natural and cultural resources, including agricultural land and historic and archeological resources.

i. That, if the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions and intent of the ordinance shall be fully complied with at the completion of any stage.

E. Assurances. At the time of adopting any ordinance amendment establishing a PD District, the Council shall impose appropriate conditions and stipulations which will insure the accomplishment of the public improvements shown on the approved plan, including a performance bond for the entire project, or any phase of the project not contemplated to be completed prior to the request for Certificate of Occupancy.

F. Amendments, Modifications and Changes. Once approved, a Planned Development District, or the approved development plan, can be amended, modified or changed only as follows (Amended January 21, 2004):

1. Any additions or deletions of property, changes to the approved uses or additional requests for modifications of any requirements of the zoning ordinance or utility standards must follow the same procedure as the original request and can only be approved by final action of the Town Council. (Amended January 21, 2004)

2. Changes only affecting the approved development plan may be made by the Planning Board by following the procedure in Section 8 of the Land Development and Subdivision Regulations for Preliminary Plan and Final Plan approval. (Amended January 21, 2004)

a. Minor changes to the plan, such as utility location, drainage revisions and landscaping changes may be made by following the provisions of the ordinance for development plan review. The determination of whether a change in the approved plan is minor is to be made by the Planning Board. (Amended January 21, 2004)

G. Inaction. If Start of Construction has not occurred within two (2) years after a PD District is created, the Planning Board may review the action and determine whether or not the continuation of the PD District is in the public interest and so notify the Town Council of its findings. The Town Council, after public hearing and compliance with the provisions for a change in the zoning map as found in the Zoning Ordinances of the Town, may revoke the PD District designation giving consideration to the recommendation of the Planning Board.

(Section Added May 16, 2001)