Georgetown City Zoning Code
ARTICLE XIA
RPC - Residential Planned Community
§ 230-75.1 Purpose.
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.
§ 230-75.2 Superimposed district; effect on other provisions.
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.
§ 230-75.3 Minimum district area.
The minimum area for a RPC District shall be 10 acres.
§ 230-75.4 Minimum lot area and bulk standards.
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 |
§ 230-75.5 Side yard reduction.
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.
§ 230-75.6 Number of dwelling units permitted.
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.
§ 230-75.7 Ownership.
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.
§ 230-75.8 Concurrent establishment with other districts.
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.
§ 230-75.9 Consideration of factors for approval of RPC District.
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.
§ 230-75.10 Mixed uses.
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.
§ 230-75.11 Permitted uses.
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.
§ 230-75.12 Permitted accessory uses.
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.
§ 230-75.13 Accessory structures not permitted.
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.
§ 230-75.14 Prohibited uses.
Any commercial use requiring bulk storage or hazardous material of any kind.
§ 230-75.15 Sanitary facilities.
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.
§ 230-75.16 Modification of Development Standards.
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.
§ 230-75.17 Basis for approval of alternative development standards.
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.
§ 230-75.18 Requirements regarding parking, streets, and alleys.
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.
§ 230-75.19 RPC design elements and conditions.
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.
§ 230-75.20 Schedule of construction.
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.
§ 230-75.21 Guaranty of completion.
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.
§ 230-75.22 Additional land area.
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.
§ 230-75.23 Deed restrictions required.
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.
§ 230-75.24 Approval process.
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).
§ 230-75.25 Expiration and extension.
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.