A.

TNPD zoned properties are designated as a legacy district, and no new zonings or changes in zoning classification are permitted in this district. The regulations specified herein apply to existing TNPD zoned properties only.

B.

Purpose. It is the intent of this district to provide for larger developments that seek to provide a walkable mix of uses in configurations not allowed by other zoning districts. This district is intended to be primarily a single-family residential district, with small percentages of the total land area as multifamily residential or commercial uses.

C.

Permitted uses. In order to ensure that limited uses and overall densities for a TNPD are not violated, the following express limitations must be satisfied in each phase of the TNPD approval and development process:

1.

The maximum area of a TNPD to be developed or allotted for development as multifamily residential, single-family residential, professional or commercial cannot exceed the following percentages of the entire property:

2.

The maximum area of a TNPD to be developed or allotted for development as multifamily cannot exceed 5% of the total TNPD. The density of the multifamily shall not exceed 8 units per acre, however, the maximum density per acre within the multifamily portion of the TNPD may be increased up to 15 units per acre if the multifamily area has designated open areas adjacent to same at least 25% as large as the multifamily area. No multifamily development within a TNPD may be contiguous to any property outside of the TNPD that is in a R-1, R-1A or R-1B zoning district.

3.

Any use permitted in the R-1 Single-Family Residential district shall be permitted anywhere in the TNPD except those areas previously set aside as open space.

A.

Open space shall be disbursed throughout TNPD developments so the open areas are readily available to the various phases or developments within the TNPD.

B.

Open space may be in the form of open fields or wooded areas, ballparks, golf courses, recreational fields and other recreational uses permitted by the City Council.

C.

All common open space shall be preserved for the purpose as shown on the developments master plan.

D.

One or more of the following methods must be used to administer required open spaces.

1.

Dedication to the City of Winder, which is subject to formal acceptance and available revenue sources to maintain the space.

2.

Establishment of an association or non-profit corporation of all property owners or corporations within the development to ensure perpetual maintenance.

3.

Retention of ownership, control, and maintenance by the developer, subject to the following requirements:

i.

All privately owned open space shall continue as such and shall only be used in accordance with the development's master plan.

ii.

Appropriate land use restrictions shall be contained in all deeds to ensure that the open space is permanently preserved according to the development's master plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of open spaces.

E.

Wetlands and floodplains cannot count toward the total required open space.

F.

With the exception of walkways or bicycle paths, open spaces must be free from impervious surfaces.

G.

The minimum percentage of open space required for each portion of a development is as follows:

1.

Single-family residential—20% of total land area;

2.

Multifamily residential—20% of total land area;

3.

Professional area—10% of total land area;

4.

Commercial area—5% of total land area.

H.

Open spaces shall be arranged so as to maximize access and utilization by residents of the TNPD.

I.

All landscape plans shall be approved by the City.

A.

Height limitations, minimum lot area, setbacks (front, side and rear yard) and minimum building size for single-family residential dwellings shall be in accordance with those allowed in the R-1B zoning classification, for multi-family residential dwellings, in accordance with those allowed in the R-3 zoning classification, and for professional or commercial buildings, in accordance with those allowed the B-1 zoning district.

B.

Parking areas shall be to the side or rear of the buildings they serve, except for street parking where allowed.

C.

Density: Unless increased by approval of the mayor and City Council as part of the general approval of special criteria, the gross density for a TNPD shall not exceed five residential units per net acre.

D.

Net acreage means the gross area within the TNPD's exterior boundaries inclusive of streets, roads and other rights-of-way, but less the maximum area planned for either professional or commercial developments and less portions of the areas designated as open spaces.

E.

If over 100 residential units/structures are to be included within the boundaries of the TNPD, at least two entrances will be required. In extremely large developments, more than two entrances may be required.

F.

The development is designed in a way to be pedestrian-oriented with sidewalks, minimum 5 feet in width, on both sides of the streets with a fully connected pedestrian network throughout. Automobile traffic and parking shall be accommodated in ways that respect pedestrian passages and the form of public space.

G.

The layout of the TNPD development, as a whole, shall utilize the natural topography of the site and take advantage of existing trees and any historical features on the property.

H.

Street trees shall be required along all new streets. At a minimum, trees are to be located at 30 feet intervals along both sides of the streets. The City of Winder shall review and approve all landscape plans. All buildings constructed within a TNPD shall have a minimum fifty-foot setback from all exterior boundary lines except where adjacent like uses are present.

I.

If a phase within a development has a proposed density greater than the maximum overall allowed density per acre within the overall development, the applicant shall have designated and dedicated sufficient open areas so as to ensure that the overall approved density within the TNPD will not be exceeded if developed to its full potential. Open areas to be "dedicated" shall mean the official designation in the deed records of Barrow County, Georgia of a land area by plat dedication with metes and bounds of an area described as an open area in a TNPD under the City of Winder TNPD regulations in a form acceptable to the City of Winder attorney.

J.

The developer shall submit the final restrictive covenants and/or easements for the area encompassed by the plan under consideration as an integral part of the application. The covenants must require language that allows the City of Winder to enforce said covenants at the discretion of the City.

K.

Septic tanks and individual water wells are prohibited in a TNPD development.

L.

The proposal cannot have commercial areas in excess often 10 percent of the proposed TNPD's land area.

A.

The City of Winder shall maintain such information as necessary to ensure that each portion of the TNPD development complies with the provisions of this section. Such information shall include a detailed listing of total areas within the TNPD, the maximum amount of multifamily residential development, the maximum amount of residential, professional or commercial development, the maximum number of residential units permitted within the TNPD, the maximum number of residential units per acre to be constructed in areas of the TNPD, other than multifamily, the number of acres to be dedicated to open space and a running total of final approvals given and areas thereby committed to specified densities and uses.

B.

Single-family residential portions of all TNPD developments must be platted and subdivided in accordance with the City's subdivision regulations as though they were in the R-1B district unless such subdivision would result in exceeding the overall density requirements of the TNPD.