Taos City Zoning Code
§ 16.16.190.4
Development standards.
A.
Standards enumerated.
The following development standards shall apply to the PUD overlay zone:
1.
Development in a planned unit development may include separate and distinct types of land use, or may provide for a compatible mixture of uses, including residential, industrial, commercial, recreational, and civic, in close proximity to one another or within a single structure, so long as such uses are permitted, conditionally permitted, or specially permitted in the zone or zones on which the planned unit development is overlaid.
2.
If a particular use or structure requires a conditional use permit or special use permit in the zone on which the planned unit development is overlaid, then a conditional use permit or special use permit shall be required in order to include such a use or structure in a planned unit development (see section 16.12.040.5 of this title for special and conditional use application procedures).
3.
Variations from conventional development and performance standards (this chapter and chapter 16.20 of this title) for planned unit developments may be approved when it is determined by the town that such variations will improve the total development. Variations from conventional development standards allows for innovations and special features in site and building design and location, including the reduction or elimination of front, side and/or rear yard setbacks between elements within the development, or variations from lot size, lot width, lot coverage and similar development standards. In appropriate cases, the clustering of structures for efficient utilization of space, creative combinations of uses, integrated circulation systems and the utilization and preservation of open space provided around groupings of buildings and structures may be permitted. Variations from development and performance standards may be granted when the town determines that a project demonstrates characteristics identified in the intent and purposes of the PUD overlay zone or with the policies of the town.
B.
Identification of variations required.
Where the total development will be improved by variations from development standards of the underlying zone or zones, these variations must be identified in both the preliminary and final site development plans.
C.
In lieu fee requirements.
The public park dedication, private open space reservation and in lieu fee requirements of section 16.20.090 of this title shall be met or exceeded by all planned unit development projects.
D.
Density.
Any planned unit development shall not exceed the allowable density authorized in the underlying zone except where a density bonus is specifically granted pursuant to subsection E of this section.
E.
Density bonus.
1.
Purpose.
The purpose of a density bonus in the planned unit development overlay zone is to provide incentives for preservation of usable open space within soundly designed developments that meet community goals regarding preservation of open space, consolidation of infrastructure, and encouragement of clustered affordable developments that provide a sense of community.
2.
Criteria.
A density bonus may be allowed for land allocated to preservation of usable open space and meeting the following minimum criteria:
a.
Minimum usable open space on the development site required to qualify for the density bonus shall be thirty percent (30%) at which point the development may receive a density bonus of thirty percent (30%). Each additional ten percent (10%) of usable open space on the development site shall qualify for an additional ten percent (10%) density bonus, with a maximum of seventy percent (70%) usable open space (and density bonus) allowed for any development;
b.
In order to qualify for density bonus, the preserved on-site usable open space shall be accessible to the general public, or in the case of private usable open space, accessible to all residents of the development; and, alternatively, in the case of agricultural lands or natural resources such as wetlands, wildlife habitat, scenic views and other ecologically important areas, the visual and physical accessibility of the open space may be limited as the town may determine necessary in order to preserve such areas and to implement goals and policies of the town;
c.
When qualifying for density bonuses, the design of the PUD should meet the requirements of subsection F of this section;
d.
In calculating allowable density and density bonus, the following procedure shall be followed:
(1)
The allowable density shall first be calculated by determining the density which could be achieved on the developable property through a conventional development which complies with all applicable laws and regulations, including, but not limited to, town, state and federal regulations pertaining to development within wetlands, floodplain, or other hazardous areas.
(2)
Based upon the allowable density as thus determined, density bonus shall be calculated upon the above stated percentage formula, based upon permanently preserved usable open space, natural resource areas and agricultural lands. The calculation for density bonuses shall be made by dividing the number of developable acres into the total number of units proposed in the plan.
3.
Preservation of lands.
In order to qualify as usable open space, natural resource areas or irrigated agricultural lands for purposes of the planned unit development overlay zone density bonus, the usable open space, natural resource areas and agricultural lands shall be subject to appropriate recorded easements, covenants, conditions, and restrictions which are acceptable to the town and approved as to form by the town attorney. Such easements, covenants, conditions and restrictions should include all requirements for preserving usable open space, natural resources and agricultural lands which shall include, but not be limited to:
F.
Transitional buffering.
The perimeter of the PUD should be compatible with the surrounding community by providing transitional buffering that may include usable open space, landscaping, trails, parks, walkways, appropriate setbacks along adjacent property lines, fencing and/or density transitioning also in accordance with section 16.20.030.1 of this title. The planning and zoning commission may require additional amenities to ensure adequate buffering.
(Ordinance 99-05 adopted 1999; Ordinance 03-07, adopted 2003; Ordinance 04-06 adopted 2004; Ordinance 09-18 adopted 2009)