The City of Darien recognizes that existing zone districts were created and applied to property to best address anticipated development at a point in time but that over time, it becomes necessary to create new zone districts to accommodate new development patterns and opportunities. It is the intent of this ordinance to maintain the quality of life for Darien's citizens by accommodating a new type of unified residential and mixed-use development, available to be applied citywide, that is sensitive to existing land use and the protection of the marshland habitat and historic resources of the city.

Therefore, herein is written a Planned Unit Development Ordinance (PUD) to be applied on appropriate lands within the City of Darien. It is additionally intended that this PUD shall:

a)

Provide an option for a unified residential and/or mixed-use development that may be applied on appropriate properties throughout the city;

b)

Encourage growth to occur in areas which are best suited for increased density in accordance with our Comprehensive Plan, as amended;

c)

Create a built environment that fosters a sense of community, provides connectivity, and provides opportunities for interaction of its inhabitants;

d)

Provide for compatibility between new higher density development and existing lower-density land use; provide proper building typology and compatible development form that will support the existing neighborhoods and development patterns found within the city;

e)

Provide for protection of sensitive marshland and waterfront habitat;

f)

Promote a pattern of development which permits the efficient delivery of municipal services and will provide for the recreational and open space needs of the residents.

(Code 1998, § 20-2313)

In the PUD zone the following uses are permitted and as hereinafter specifically provided and allowed by this chapter [article]:

1.

Multi-family dwellings (such as patio apartments, garden apartments, townhouses, and condominiums); accessory uses and structures customarily incidental to such residential dwellings and when used exclusively for the residents of the planned unit development.

2.

Single-family and two-family dwellings only as a part of planned residential community.

3.

Piers and boat docking facilities when a part of a specific planned residential community. Community dock facilities are encouraged.

4.

Mixed use consisting of compatible service, office, retail, recreational and civic uses.

(Code 1998, § 20-2314)

1.

Minimum parcel size. The PUD shall only be applied to a parcel of five acres or greater. The PUD may apply to parcels less than five acres, only if it is an existing lot of record and not a newly subdivided parcel.

2.

Lot area. Lots within the planned unit development may be of any size provided they are a part of master planned community consisting of private lots, or condominium ownership, and common open space.

3.

Maximum lot coverage. There are no specific requirements for lot coverage, however, the Master Development Plan Text must specify maximum lot coverage to be provided.

4.

Maximum density:

(a)

For inland property the residential density on inland property (not adjacent to a coastal marshland) shall not exceed eight units per gross acre. For purposes of this article, the term gross acre represents the area within the legal boundaries of the property to be developed, less any land that falls within the definition of coastal marshland.

(b)

For coastal marshland property providing the additional building setback of 25 feet from the marshland buffer, per Sec. 20-2316 the residential density shall not exceed ten units per gross acre unless provisions are met in [sub]section (c).

(c)

For PUD projects in any location exceeding the minimum open space requirement provided in Sec. 20-2318, by an additional 15%, the residential density shall not exceed 16 units per gross acre. This is an incentive based density, for developers volunteering additional open space within the PUD project.

(Code 1998, § 20-2315)

1.

As it is the intent for the PUD zone to be applied to parcels which are to be developed in a well-designed and environmentally sensitive manner, there is no minimum yard, minimum lot frontage, or minimum width requirements for the interior relationship of lots and buildings.

2.

All PUDs shall provide for perimeter buffers for the purposes of visual screening and noise abatement between their property and all abutting properties where compatibility of adjacent uses cannot be enhanced by the type of building architecture alone. The buffers will be provided on the Master Development Plan and set forth in the Master Development Plan Text of the enacting ordinance.

3.

When property is adjacent to coastal marshlands which are waters of the state, a 25-foot buffer is required as measured horizontally from the delineated boundary of jurisdictional marshlands pursuant to Georgia State Code. An additional 25-foot-wide principal building setback will also be encouraged for the purposes of water quality and habitat protection.

4.

No habitable building or parking area shall occupy a required perimeter buffer or marshland buffer.

5.

The minimum distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be ten feet or as required by the current building code and current fire code.

(Code 1998, § 20-2316)

No building in the PUD zone shall exceed a height of 35 feet or shall exceed three habitable stories. Building elements, such as towers, cupolas and spires, not to exceed 300 square feet in collective floor area, are allowed up to 45 feet in height. For individual buildings that are shown in the Master Development Plan to be located to provide increased public vista protection per Sec. 20-2318, the maximum building height shall be 45 feet.

For the purposes of this article, maximum building height is measured from the lowest allowable finished floor elevation to the average roof height.

(Code 1998, § 20-2317)

A Master Development Plan (MDP) shall accompany a petition to rezone property to the PUD designation. Besides general building, street, and perimeter buffer features, the MDP shall show how the proposed development will accommodate the following requirements:

1.

Common amenity area: Active recreational areas comprising at least ten percent of the total net development area to include amenities such as: swimming pools; basketball courts; tennis courts; playgrounds; ball fields; walking or jogging paths; community buildings.

2.

Vista protection: In addition to the minimum distance between building requirement as defined in this zone, the building and landscape layout shall maintain to the maximum degree possible the existing vista of the marshland and waterways from public right-of-way. Use may be made of such vista corridors as allowed in 20-1304 (OP District).

3.

Open space: 20 percent of the net development area shall be in open space. This open space shall include perimeter and marshland buffers, Common Amenity Area, and other non-impervious areas including storm water retention and treatment areas. At least 25 percent of the required open space area shall be contiguous in that it may be accessed by a continuous pedestrian movement not withstanding the need to cross streets or common amenity areas. The use of greens and squares within a new PUD development is encouraged, as provided in the historic districts of the city. These squares shall not be less than a ratio of 4 to 1 (length to width).

4.

Parking:

(a)

On-site parking shall be provided pursuant to section 20-1509.

(b)

On-street parking designed as parallel to the travel lane along local streets, meeting the minimum size of eight feet by 22 feet, may be counted toward the overall PUD recommendation for parking. This on-street parking must be located within 600 feet of the proposed uses to be considered toward the parking requirement.

5.

Pervious surfaces are encouraged in all PUD projects

(Code 1998, § 20-2318)

The following procedures shall be followed for all zoning and development, construction, and redevelopment requests within a PUD:

1.

Pre-application conference. Prior to filing a formal application, the applicant shall meet with the zoning administrator in order to review the general character of the proposed development, i.e., its scope, nature and location. At this time, the applicant shall be fully advised of the approval procedures contained herein and the various information, studies, etc., which the applicant may need in order to continue with the said procedure.

2.

Application submittal. An applicant shall submit an application, application fee, and petition to the Darien mayor and council through the zoning administrator who shall deliver a copy of the petition to the planning commission for their review and recommendations of the application. This petition shall contain a written Master Development Plan Text (Text) and a Master Development Plan (Plan) and shall show the relation between the proposed development and the surrounding area, both proposed and existing. The Text and Plan create a unified development plan by which the project shall be developed. The Text and Plan shall apply to any and all developers, contractors, and buyers within the project. The Darien planning commission followed by the Darien mayor and council shall make their determinations on the basis of the information contained in the Master Development Plan Text and Master Development Plan, any other information they so request and the purposes and standards of the application, as contained herein.

3.

Master Development Plan. The following information shall be provided, as a legible scaled drawing, prepared by a registered engineer or landscape architect, or certified land planner, as the Master Development Plan:

a.

A general location map;

b

The present zoning pattern in the area;

c.

A legal description of the subject property;

d.

Existing and proposed land uses on the development site and in surrounding areas for a distance of 500 feet, including the approximate location of all buildings, structures, lots, and streets;

e.

The approximate location of existing utilities and the proposed method for bringing utilities to the site including stormwater retention and treatment as needed;

f.

The general development design including points of access, street systems, building locations, common amenity areas, perimeter and marshland buffers, open pace, and waterway vista, and connections to the public right-of-way;

g.

Pedestrian circulation;

h.

Parking configuration and vehicular circulation;

i.

Land use tabulation showing the acreage of the project, total number of units for each type, residential density, and maximum non-residential square footage;

j.

Project name, applicant name, and name of professionals responsible for the preparation of the plan.

In addition, the following maps and plans shall be submitted with the Master Development Plan:

a.

A current topographical map clearly showing existing topographic conditions, including contour intervals of no more than two feet based on field survey or photogrametric methods;

b.

A map showing the existing flood plains and flood soil as indicated by the United States Department of Housing and Urban Development and the Soil Conservation Service of the United States Department of Agriculture.

c.

A generalized plan showing jurisdictional wetlands and navigable waterways.

d.

Schematic or conceptual drawings of buildings which indicate the proposed architectural style and appearance.

4.

Master Development Plan Text. The Text shall be provided in a format consistent with the following requirements. The Text shall be written in a clear and concise manner fully addressing each subsection. The Text shall include a written description of the intended proposed project, including the following, as appropriate. Additional criteria may be requested, based upon the character, scope and location of the project.

a.

A description related to the design, character and architectural style or theme of the project, which demonstrates an innovative, unified, cohesive and compatible plan of development for all uses;

b.

The total number of gross acres and net acres;

c.

Total number of residential dwelling units and density of project;

d.

For mixed-use PUDs, the maximum amount of non-residential square footage;

e.

The residential and non-residential structure setbacks; minimum size of residential lots; number of parking spaces for residential and non-residential uses, and maximum height of all structures;

f.

The type and location of infrastructure needed to serve the project, including drainage facilities, internal vehicle and pedestrian access to the project, vehicle and pedestrian access to the project, interconnectivity access points to adjacent property (if applicable), open space and Common Amenity Center provided, fire protection, and solid waste collection;

g.

The type of buffering provided, general landscaping, tree removal and tree protection;

h.

The use, location and duration of temporary uses, including construction trailers, sales units, model homes;

i.

The use and location of accessory uses for residential and non-residential structures including setbacks, swimming pools, fencing, and similar uses;

j.

If applicable to the size of the development, a phasing schedule, which shall include the amount of residential and non-residential development to be completed within each phase;

k.

A statement and agreement to comply, binding all successors and assigns in title to the commitments and conditions of the Mater Development Plan.

5.

Approval.

a.

An application for approval of a development shall be considered administratively as a petition for rezoning and will be subject to the procedure established in section 20-2101 et seq.

b.

After review and public hearing, the city council may approve, approve with modifications, or disapprove the proposed Master Development Plan and Master Development Plan Text after receiving the recommendations of the Planning and Zoning board.

c.

If the proposed zoning and development application is approved as submitted, the zoning administrator shall cause the official zoning map to be changed to indicate the new development. If the Master Development Plan and Master Development Plan Text are approved with modifications, the applicant shall file written notice of consent to the modifications and a properly reviewed Master Development Plan with the zoning administrator prior to changing the map. The Master Development Plan, Master Development Plan Text and all other accompanying information shall be properly identified and permanently filed with the zoning administrator.

6.

Revision of development plan. Any change in the approved Master Development Plan and/or Master Development Plan Text, which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes, must be reviewed and approved by the city council upon the recommendation of the planning commission. A request for a revision of the Master Development Plan or Master Development Plan Text shall be supported by a written statement as to why the revisions are necessary or desirable.

7.

Subsequent development to be consistent. All subsequent development plans including, but not limited to site development plan, subdivision plat/plan, utilities plan, landscaping plan, building plans shall be deemed consistent with the Master Development Plan, by the zoning administrator, prior to the issuance of building or other work permits. The developer/applicant may appeal any adverse decision of the zoning administrator in accordance with the provisions of section 20-2002 et seq.

(Code 1998, § 20-2319)

The planning and zoning commission shall consider each proposal for amendment and as a basis for its recommendations shall report on the matters as provided in Sec. 20-2104.

(Code 1998, § 20-2320)