A.

Purpose: The purpose of this District is to facilitate the development of exceptional and unique projects within the City of Winder, fostering creativity and innovation in land development while maintaining the integrity of existing zone districts. Planned Unit Developments (PUDs) are intended to encourage quality projects that align with the City's Comprehensive Plan by offering flexibility in design, promoting community and pedestrian-friendly environments, and minimizing the use of public funds.

B.

Intent: The proposed PUD may deviate from strict adherence to conventional zoning and subdivision requirements, as specified in the master development plan and associated documents, provided that tangible benefits are offered to the neighborhood or community in which it is situated. These benefits must take the form of outstanding amenities, architectural and design excellence, and other enhancements that enhance the well-being of both the development's residents and the broader community. PUDs are not intended as a means to bypass existing zone district regulations to increase density; rather, they are a vehicle for elevating the quality of developments while respecting the surrounding area.

C.

Specifically, the District is intended to promote the following objectives:

1.

Provide for flexibility and creativity in responding to changing social, economic, and market conditions and that results in greater public benefits than could be achieved using conventional zoning and development regulations;

2.

Implementation and consistency with the City's adopted plans and policies;

3.

Efficient and economical provision of public facilities and services;

4.

Variety in housing types and sizes to accommodate households of all ages, sizes, incomes, and lifestyle choices;

5.

A coordinated transportation system that includes an inter-connected hierarchy of appropriately designed improvements for motorized and nonmotorized transportation;

6.

Compatibility of buildings and other improvements as determined by their arrangement, massing, form, character, and landscaping to establish a high-quality livable environment;

7.

The incorporation of open space amenities and natural resource features into the development design;

8.

Conservation of natural amenities of the land by encouraging the preservation of environmentally significant, scenic, and functional open space;

9.

Attractive, high-quality landscaping, lighting, architecture, and signage that reflects the unique character of the development;

10.

Allow for and encourage diversification of uses, structures, densities, and open spaces and innovative concepts such as zero lot lines, townhouse-condominiums, traditional neighborhoods, villages, cluster-type, conservation subdivisions; mixed uses; and multi-uses.

11.

Provide maximum opportunity for the application of innovative site planning concepts through the creation of aesthetically pleasing environments for living, shopping and working on properties of adequate size, shape, and location.

12.

Ensure that development will occur according to the advantages and limitations of land, site design, population density, building coverage, improvement standards, and construction phasing as authorized through the approval of a comprehensive site development plan.

13.

Encourage and allow the development of tracts of land as planned neighborhoods or communities according to designs that coordinate building forms that are interrelated and architecturally harmonious.

14.

Encourage and allow more unique, flexible, creative, imaginative arrangements and mixes of land use in site planning and development than are permitted through zoning district requirements established in this Code, but not in conflict with the Comprehensive Plan of the City.

15.

Encourage and allow for developments that offer enhanced protection of natural resources and sensitive environmental features, including streams, water bodies, floodplains, wetlands, steep slopes, woodlands and native plant communities

16.

Encourage a broader mix of residential housing types, including detached and attached dwellings, than would normally be constructed in conventional subdivisions, and provide for unique dwelling arrangements not typically provided in conventional subdivisions.

17.

Preserve the natural amenities of the land through maintenance of conservation areas and open spaces within developments, provide amenities, and provide, where needed, the civic and semi-public uses that help to make up a community.

18.

Provide for the efficient use of land by encouraging smaller networks of utilities and streets which may lower development and housing costs.

19.

Provide an environment of stable character compatible with surrounding residential areas.

D.

This District is not intended to be used as an alternative to obtaining variances for developments unable to comply with other zoning district provisions.

E.

The District is not intended to increase overall density or development intensity on a particular property except in relation to an improved design and benefit to the public through improved development through creative design and appropriate mixture of land uses.

This District is a "floating" (initially unmapped) zone, to be established and made applicable to specific parcel(s) of land upon successful application by the property owner/applicant and approval by the governing body.

A.

Application shall be made on forms provided by the City of Winder and shall be supplemented by a written explanation from the applicant describing the community benefits of the proposed development and how the proposed development provides greater benefits to the City than would a development carried out in accordance with otherwise applicable zoning ordinance regulations.

B.

Identification of variations to local and other jurisdictional development standards.

C.

Appropriate filing fees as adopted by the City of Winder.

D.

A boundary survey completed in the last 5 years with north arrow and scale.

E.

A map indicating the location, arrangement, and dimensions of the following existing features within and immediately adjacent to the property: vegetation, including tree preserve areas, state waters, buildings, structures, utilities, drainage ways, easements, public street right-of-way, railways, and property lines.

F.

Plans showing the proposed location, arrangement, and dimension of all proposed land uses, including the number of floors per buildings, the height of all nonresidential and multifamily buildings above finished grade; lot sizes; residential density; minimum lot sizes; building setbacks from perimeter boundaries and from public rights-of-way; building standards, exterior finishes, landscaping plans; a proposed traffic circulation plan showing the location and dimensions of all streets, driveways, walkways, bikeways, parking spaces, and loading areas; amenities provided, and all proposed common elements including utilities, open spaces and recreational areas.

G.

Information on infrastructure improvements and intentions to dedicate either to the City or retain ownership.

H.

A plan or statement showing the manner of improving common open spaces, together with ownership restrictions, and conditions anticipated for the use, maintenance, and operation of such common elements.

I.

A statement of the anticipated gross residential density and overall project density, the total number of dwelling units by type, size, and number of bedrooms, and gross floor areas devoted to businesses or other nonresidential uses.

J.

An architectural sketch or sketches of typical proposed structures.

K.

A list of any variances from City ordinances, State law or regulation, or other applicable jurisdictional regulation.

A.

Although there are no pre-specified permitted or special uses for the PUD District, within this District, a variety of land uses are encouraged, and any land use may be permitted if such use or uses can be shown to provide an orderly relation and function to other uses in the development and to existing land uses on-site and off-site, with due regard to the City's Comprehensive Plan.

B.

The permitted use or uses of property located in this District shall be determined at the time the development is approved via the rezoning process. Unless otherwise specifically noted in the governing body's approval of the District and the plan for development, the property within the District shall be limited to those uses requested as part of the application and which are approved by the governing body.

C.

An application that includes a use for which certain regulations apply shall not be required to demonstrate conformance with the specific use regulations applicable to such use or uses; provided, however, the governing body may condition uses in a manner consistent with the said provisions as it may determine appropriate. Therefore, applications which include specially regulated uses should address the consistency of the development proposal with applicable specific use provisions.

A.

Without limiting the flexibility provided by this chapter for mixing land uses, some guidance on the desired range of mixing of land uses is necessary. This section provides guidelines and recommendations which shall guide applicants, staff, and the mayor and council in proposing, considering, and acting upon the merits of development proposals. This section shall not be construed to prevent an applicant from proposing a development inconsistent with the provisions of this section, although due adherence to these guidelines and recommendations may in the discretion of the governing body be imposed through conditions of zoning and development plan approval.

1.

Different dwelling types. Developments that include residential uses should provide for more than just one type of dwelling unit, such as detached, single-family dwellings, townhouses, duplexes, or multi-family dwellings. This does not mean there should be an even or proportional distribution among more than one dwelling type. Where detached, single-family dwellings are included, the total number of multi-family dwelling units and the total acreage of development devoted to multi-family dwellings should not typically exceed twenty-five (25) percent.

2.

Civic and institutional uses. Sites for churches, schools, community or club buildings, and similar public or semi-public facilities are encouraged to be provided, where appropriate. Uses such as schools, churches, and other institutions where provided should be part of an integrated site design and located and designed to minimize negative impacts.

3.

Office and commercial uses in predominantly residential developments. Within planned unit developments (i.e., predominantly residential), commercial and offices uses, if proposed, should be located in careful relation to other land uses within and outside of the development, and they should be scaled and oriented so that they primarily serve the occupants of the planned unit development. Neighborhood business uses may be appropriate in areas only when such uses are consistent with the applicable development policies contained in the comprehensive plan. Such uses, where provided, should be part of an integrated site design and located and designed to minimize negative impacts. In predominantly residential developments, the amount of land in the development devoted to commercial and office uses should not exceed fifteen (15) percent of the total land area, unless it can be shown that a greater percentage of land devoted to such uses is more conducive to the mix of uses.

4.

Commercial uses. PUD districts permit commercial uses that are compatible with pedestrian-scale development, but they are not envisioned to include automobile sales or service establishments, outdoor storage, or other auto-oriented commercial uses including drive-through facilities that conflict with a pedestrian-friendly development pattern.

5.

Industrial uses. Industrial uses are not typically considered to be appropriate for inclusion within planned unit developments or mixed use developments; however, such uses are not prohibited and may be considered appropriate in larger (e.g., twenty (20) acres or more) developments where living and working areas need to be close to one another. If industrial uses are proposed, they should avoid nuisances on residential development within or adjacent to the PUD, through buffers.

6.

Areas designated for mixed use. Developments which take place on property designed for mixed use on the future land use plan map should consider the following recommended mix of residential, office/institutional, and neighborhood retail, measured in terms of land area devoted to each use:

i.

Office/institutional: Forty (40) percent;

ii.

Neighborhood retail: Thirty (30) percent;

iii.

Residential: Thirty (30) percent.

In such areas, predominantly residential development or other developments inconsistent with this recommended land use mix may be considered inappropriate and inconsistent with the future land use plan map.

A.

All projects should incorporate quality design and engineering principles, interconnectivity, pedestrianism, architectural detail, and appropriate scale.

B.

All projects must have a professionally prepared Master Plan for the entire project. It must be designed and incorporated together to provide a harmonious transition between uses. Common architecture, themes, significant natural features, and connectivity and other items must be included and addressed.

C.

Amenities of an appropriate nature, number, and scale, such as community greens, trails, recreational areas, parks, or other focal points, must be included to create character and identity.

D.

Interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate.

E.

Interconnections with public amenities and infrastructure, such as trails, walking paths, sidewalks, etc., whether developed or undeveloped, should be included and incorporated in the design where appropriate.

F.

Landscaping, including entrance and gateway points, as well as individual lots, shall meet or exceed all of the minimum requirements of the City's Code of Ordinances. The preservation of mature trees, natural buffers, and scenic areas is strongly encouraged.

G.

All on-site utilities shall be installed underground or otherwise camouflaged with the design of the master plan. Large transformers shall be placed on the ground within pad mounts, enclosures, or vaults. The developer shall provide adequate landscaping to screen all above ground facilities.

H.

Architectural Standards for the project must be submitted with the Master Plan.

I.

Planned unit developments should be designed around and connected to any open space corridors or networks that exist or are planned. Developments are expected to devote at least twenty (20) percent of the total land area to natural areas, conservation areas, open spaces, and active or passive recreational areas, or some combination thereof.

J.

Protection of wetlands, creeks, streams, and other naturally occurring and environmentally sensitive areas shall be provided where appropriate.

A.

Unless otherwise expressly approved by the City council, properties within the PUD District are subject to all other applicable provisions of City ordinance. The City Council is authorized to approve PUDs that deviate from strict compliance with otherwise applicable regulations if they determine that the resulting development provides a greater level of public benefit than would normally be expected for projects developed in strict compliance with this zoning ordinance.

B.

The PUD District is expressly intended to accommodate the use of alternative standards for public improvements based on the approved development plans. The preliminary development plan shall specify the deviations from the City's infrastructure and development standards for streets, sidewalks, stormwater management, and any other public improvement if deviations from otherwise applicable standards are proposed.

C.

The City will not consider variations to standards or regulations of other regulating jurisdictions, such as erosion control, fire codes, floodplain control, stream buffers, or similar regulations, without the express written consent and approval of the applicable jurisdiction. Furthermore, said consent shall not guarantee nor require the City to waive any or all requirements.

A.

All designated common open spaces shall be preserved by one or more of the following methods:

1.

Public Dedication, subject to acceptance by the City Council by formal vote.

2.

Conveyance to a property owners' association or nonprofit land conservation organization.

3.

Retention of ownership, control and maintenance by the developer within a permanent conservation easement donated to a nonprofit land conservation organization.

4.

All privately-owned common space shall conform to its intended use and remain as expressed in the approved site development plan through the inclusion in all deeds of appropriate covenants. Said deed restrictions shall run with the land.

B.

Selection of preservation and maintenance shall be made, and proof thereof provided to the City prior to the approval of final platting.

A.

PUD zoning may be approved only when the City Council, after receiving the recommendation of the Planning Commission, determines that:

1.

The proposed development cannot be reasonably accommodated by other available regulations of this zoning ordinance; and

2.

The proposed development would result in a greater benefit to the City as a whole than would development under conventional zoning district regulations.

A.

After rezoning to a PUD, no permits shall be issued and no development shall commence unless in conformance with the approved site development plan, unless a change or deviation is approved by the City.

B.

The Zoning Administrator may approve minor changes and deviations from the approved site development plan which are in compliance with the provisions and intent of this ordinance, and which do not depart from the principal concept of the approved site plan.

C.

Should the Zoning Administrator determine that a requested change or deviation from the approved site development plan does not comply with the provision and intent of this ordinance, or departs from the principles, the applicant may apply for approval of such change or deviation to the City Council as a Plan Amendment.

If an applicant is applying for both a PUD and a separate subdivision, the applicant shall meet all applicable subdivision requirements as detailed in Chapter 28. Applications shall include a statement setting forth the nature of all waivers and modification of the subdivision regulations and justifications for why the City should grant such waivers and modifications.

Any proposed Major and substantial change in the approved PUD master development plan which affects the intent and character of the development, rearrangement of lots, the density or land use pattern, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the city council in the same manner of the initial zoning application. a request for an amendment of the PUD master development plan shall be supported by a written statement and by revised sketch plans or maps.

If substantial construction, as determined by the Zoning Administrator, has not begun within two years after approval of the PUD, the approval of the PUD will expire. The Zoning Administrator may extend the period for beginning construction, at the request of the owner, for not more than three months after approval of the final development plan. If the PUD expires under this provision, the Zoning Administrator shall petition the City Council for the PUD district to be removed from the official zoning map and to reinstate the zoning district which was in effect prior to the approval of the PUD. The owner of the PUD shall be given notice of the petition and shall be given an opportunity to be heard before the City Council.