[Amended 2-17-2011 by Ord. No. 2010-29]
[1]
Editor's Note: Former Art. XV, Planned Districts, as amended,
was repealed 2-17-2011 by Ord. No. 2010-25.
The purpose of this article is to establish regulations for Planned Districts that will coincide with the general pattern of land use established by this chapter for the development of the Town and to further the purposes set forth in § 340-2 hereof. Planned districts are established herein to encourage development of harmonious, efficient and convenient neighborhoods and business developments by promoting variety in land use, residential density and site design through clustering of buildings and preservation of unique natural features of the site. Additionally, the intent of this article is to ensure that Planned Districts:
A.
Promote the conservation of energy and energy-efficient patterns
of development;
B.
Provide for the protection of existing and planned public drinking
water supplies, their tributaries and watersheds;
C.
Provide adequate, safe, and efficient transportation systems;
D.
Avoid congestion by relating types and levels of development to the
capacity of the circulation system, and maintain a safe level of service
of the system;
E.
Provide for pedestrian access to and between public and private facilities,
including, but not limited to, schools, employment centers, shopping
centers, recreation areas and residences;
F.
Maintain harmony with neighboring uses;
G.
Provide standards for and requirements of provisions for adequately
and properly designed physical improvements, including plantings and
proper property maintenance;
H.
Further the accomplishment of the goals of the affordable housing
element of the Town's Comprehensive Community Plan;
I.
Preserve the unique natural features of the site; and
J.
Create a cohesive campus-like development that features walkablity
and integration of uses. A campus-like project includes various interrelated
uses and a shared pedestrian and vehicular circulation pattern, with
the potential for a common focal point, gathering space, or open space.
A.
Planned Districts. A Planned District ("PD") shall meet all of the
following criteria:
(2)
Must be located in a Planned District zone, designated for a petition
to change the zone in a R-7, R-10, R-15 or R-20 zone, or designated
for a zone change in a R-40 or lower density zone where the uses of
adjacent properties are business, commercial, institutional or government
uses.
(3)
Must possess access to municipal water and sewer service.
(4)
Must be located in an area with vehicular access that minimizes traffic
impacts through established neighborhoods.
(5)
Parcels shall be merged into one lot prior to issuing any permits
unless it is demonstrated that each parcel meets the zoning standard
and development will not share responsibility for common infrastructure
operation or maintenance.
B.
Planned Mixed Use Development District. A Planned Mixed Use Development
District ("PMUD") is a type of Planned District in which a mixture
of land uses are contained within a single development, building,
tract or parcel. A Planned Mixed Use Development District shall meet
the following criteria:
(1)
Must be located directly on Atwood Avenue, Hartford Avenue, or another
principal arterial roadway delineated in the Highway Functional Classification
System for the State of Rhode Island (2005, as amended), with the
exclusion of Sanderson Road, Greenville Avenue, and Atwood Avenue
north of the Cherry Hill Road intersection;
(3)
Must possess access and connections to all major utilities, including
municipal water and sewer service;
(4)
Must not be designated for a petition to change the zone from a R-40
or lower density underlying zone, or be adjacent to a R-40 or lower
density residential zone, unless the uses on the adjacent properties
are business, commercial, institutional, or governmental uses, prior
to the designation of the property for which a petition to change
the property's zone to a PMUD has been submitted;
(5)
Must be located in an area where the predominant surrounding vicinity
zone and/or use is business, institutional/government, and/or multifamily;
(6)
Must be developed by a single owner or by a group of owners acting
jointly; and
C.
Continuing Care Retirement Community. A Continuing Care Retirement
Community ("CCRC") is a Planned District with a mix of retirement
care uses that may include assisted, independent and intergenerational
living with supportive services that may include skilled nursing and
rehabilitative care, home health care, adult day care and personalized
assistance designed to respond to the individual needs of those who
require assistance with the activities of daily living.
A.
A petition for a Zoning Map amendment for a Planned District shall
be submitted, together with a site plan, to the Town Council, which
shall transmit the petition and the site plan to the Planning Board
for review. Prior to issuing an advisory opinion to the Town Council
for the enactment of any amendment to this chapter providing for a
Planned District, a Planned Mixed Use Development District, or a Continuing
Care Retirement Community, the Planning Board must conduct a review
in accordance with:
(1)
The site plan review requirements of § 340-107 and master plan stage approval of major land development in accordance with the Town of Johnston Land Development and Subdivision Regulations for major subdivisions;[1]
[1]
Editor's Note: See the current Subdivision Regulations on
file in the Town offices.
(3)
R.I.G.L. § 45-24-52.
B.
Upon approval of a Zoning Map amendment or for development within an already designated Planned District, Planned Mixed Use Development District or Continuing Care Retirement Community zone, site review shall be conducted in accordance with § 340-107.
C.
The Planning Board may apply such special conditions to the approval
as may, in the opinion of the Planning Board, be required to maintain
harmony with neighboring uses and promote the objectives and purposes
of the Comprehensive Plan and this chapter.
A.
The Town of Johnston Table of Use Regulations, "Table III D-1," is
incorporated herein and is located at the end of this chapter.
C.
The following uses shall be permitted in Planned Districts upon receipt
of a special use permit:
(1)
Senior center, youth center, and similar public and semipublic use
types of facilities;
(2)
A group of medical and/or dental offices and/or health maintenance
organizations (HMOs) on an outpatient-only basis, and their ancillary
uses, including pharmacy, emergency care and/or treatment facility,
outpatient services such as diagnostic and laboratory testing, occupational
and physical therapy, physical fitness, drug and alcohol rehabilitation;
(3)
Neighborhood uses such as senior day-care facility;
(4)
Indoor/outdoor recreation facilities; and
(5)
Multifamily structures containing any dwelling units in excess of
three bedrooms.
A.
Residential density shall be regulated as follows:
[Amended 11-14-2011 by Ord. No. 2011-26]
(1)
Planned
District where nonresidential use does not exceed 5% gross floor area.
|
Type of Dwelling
|
Maximum Units/Net Acre1
| |
|---|---|---|
|
Single-family detached dwelling
|
6
| |
|
Single-family detached clustered arrangements
|
3
| |
|
Two-family duplex dwelling
|
4
| |
|
Two-family dwelling
|
5
| |
|
Multifamily dwelling with no affordable housing units
|
10
| |
|
Multifamily dwelling with 10% of units designated to be affordable
housing units for the thirty-year minimum2
|
12
|
|
NOTES:
| ||
|---|---|---|
|
1
|
LEED (Leadership in Energy and Environmental Design) or comparable
certification incentive is one additional unit/NET acre.
| |
|
2
|
"Affordable housing units," as defined in Title 45, Chapter
53, of the Rhode Island General Laws (1956, as amended), Towns and
Cities, Low and Moderate Income Housing.
| |
(2)
Planned
Mixed Use District.
|
Type of Dwelling
|
Maximum Units/Net Acre
| |
|---|---|---|
|
Single-family detached dwelling
|
2
| |
|
Single-family detached clustered arrangement
|
3
| |
|
Two-family duplex dwelling
|
3
| |
|
Two-family dwelling
|
2
| |
|
Multifamily dwelling with no affordable housing units
|
2
| |
|
Multifamily dwelling with 10% of units designated to be affordable
housing units for the thirty-year minimum1
|
2.5
|
|
NOTES:
| ||
|---|---|---|
|
1
|
"Affordable housing units" as defined in Title 45, Chapter 23, of the Rhode Island General Laws (1956, as amended), Towns and Cities, Law and Moderate Income Housing.
| |
B.
Townhouse criteria.
(1)
Not more than four contiguous townhouses shall be built in a row
with the same or approximately the same front line, and not more than
eight townhouses shall be contiguous.
(2)
Each townhouse shall have its own yard containing not less than 400
square feet, reasonably secluded from the view from streets or from
neighboring property. Such yards shall not be used for off-street
parking or for any accessory building.
(3)
The minimum distance between any two rows of townhouse buildings
substantially parallel to each other shall be 60 feet. The minimum
distance between the abutting ends of townhouses in the same general
plane or row shall be 30 feet.
A.
Mixed use in a Planned Mixed Use Development District.
(1)
Structures for other permitted or special permit uses shall be a
minimum of 35 feet from other buildings within the development.
B.
The Table of Dimensional Regulations for Planned Districts is located
at the end of this chapter and is fully incorporated herein by reference.
[Amended 11-14-2011 by Ord. No. 2011-26]
A.
The tract of land for a planned development shall consist of not
less than the following minimum lot criteria and NET area requirements
after freshwater wetlands, wetland buffers, slopes in excess of 8%,
easements, and previously developed (not proposed for redevelopment)
areas have been deducted from the following land area calculations:
(1)
Net area equal to at least 20 acres unless the Planning Board and Town Council approve a waiver of this requirement where the Planning Board finds that the proposed area provides adequate and suitable area for the use(s) proposed to be added, and is consistent with the goals and purposes of Planned Districts as set forth in § 340-92, and provides for a campus-like setting with an efficient, integrated pattern of development providing for easy pedestrian access to and between facilities and other pedestrian-friendly amenities; has adequate and suitable infrastructure and parking and properly manages traffic safety and circulation issues; has suitable designed physical improvements, including plantings and landscaped buffering for the protection of abutters; and is consistent with the Town's Comprehensive Community Plan.
(2)
Length of continuous frontage on an improved public street: 100 feet.
(3)
Total maximum building coverage shall be determined on a sliding
scale, as follows:
(a)
If less than 25% of the total gross tract is excluded due to
the existence of steep slopes and/or wetlands, then the maximum lot
coverage shall not exceed 40% of the net tract.
(b)
If 25% to 40% of the total gross tract is excluded due to the
existence of steep slopes and/or wetlands, then the maximum lot coverage
shall not exceed 50% of the net tract.
(c)
If more than 40% of the total gross tract is excluded due to
the existence of steep slopes and/or wetlands, then the maximum lot
coverage shall not exceed 60% of the net tract.
B.
The tract of land for a Planned Mixed Use Development District shall
consist of not less than the following minimum lot criteria and net
area requirements after freshwater wetland buffers, slopes in excess
of 8% easements, and previously developed (not proposed for redevelopment)
areas have been deducted from the following land area calculations:
A.
Abutting properties. There shall be permanently maintained a minimum open space of 25 feet from any property line or right-of-way line, with the exception of the front yard under certain conditions, as delineated in Subsection B herein. Said open space shall not be paved for parking or driveways/circulation and may not be used for leaching or absorption fields. However, easements for utility lines and walkways for access to parking areas are permitted. Unless an agreement is rendered between abutting property owners to provide pedestrian and vehicular connections, the following must be installed between the abutting side and rear properties:
B.
Front yard.
(1)
The permanently maintained open space minimum of 25 feet from the
right-of-way line or adjacent property line may be reduced to a ten-foot-wide
landscaped and vegetated open space area buffer with a three-foot
vertical element maintained between the parking and the landscaped
area along the public street right-of-way line for the entire length
of the frontage, except in the location of any approved curb cuts.
Said vertical elements may consist of either a solid wall, dense hedge,
or an earthen berm and may not be situated any closer than three feet
from the right-of-way line; the purpose of this vertical element is
to provide a year-round visual screen. Further, vertical elements
shall not adversely affect sight distance for exiting vehicles.
(2)
This reduced buffer within the front yard shall not be paved for
parking or driveways/circulation, and may not be used for leaching
or absorption fields; however, easements for underground utility lines
are permitted. The design for said buffers shall be in accordance
with the landscaping provisions of this chapter and the Land Development
and Subdivision Review Regulations of the Town of Johnston.[1]
[1]
Editor's Note: See the current Subdivision Regulations on
file in the Town offices.
Proposed projects and structures shall be required to follow
in the spirit and character of the neighborhood and/or area in which
it is to be located with specific regard to the height, size, and
style of other residential structures in the immediate vicinity. Said
structure(s) shall be harmonious and blend with the existing nearby
built and natural landscape and shall not alter the character of the
surrounding neighborhood(s). The Planning Board shall have final approval
over the exterior styling of building architecture and facades of
buildings and projects proposed in the Planned District zones in terms
of height, size, style and harmonious compatibility with the surrounding
neighborhoods.
A.
If the Planned District includes residential uses, at least 20% of
the gross land area of the total tract, exclusive of land devoted
to roads or easements, shall be devoted to open land for public or
common use.
B.
Buildings or other uses for noncommercial recreational or cultural
purposes compatible with open land objectives may be permitted only
after approval by the Planning Board.
C.
Common open land may be in one or more parcels of a size and shape
appropriate for its intended use as determined by the Planning Board.
D.
Access shall be created at least 25 feet wide to each parcel of such
common open land from one or more streets in a Planned District, depending
on the size of the development and the surrounding land uses, as determined
by the Planning Board.
E.
A maximum of 20% of the common open land may be devoted to paved
areas and structures used for or accessory to active outdoor recreation
which is consistent with open land uses of such land.
F.
All open land provided by land development projects for public or
common use shall be conveyed to and maintained by either of the following
with the approval of the Planning Board:
(1)
A corporation or trust owned or to be owned by the owners or
lots or units within the development;
(2)
Owners of shares within a cooperative development (if such a
corporation or trust is used, ownership shall pass with conveyances
of the lots or units);
(3)
A nonprofit organization, the principal purpose of which is
the conservation of open space; or
(4)
The Town of Johnston for park, open space, agricultural, or
other specified use or uses and open to unrestricted public use.
G.
A restriction or conservation easement on open space/open land, enforceable
by the Town, shall be recorded, providing that the land shall be kept
in the authorized condition and not be built upon or developed for
accessory uses such as parking or roadway. Said conservation easement
shall restrict the area against any future building or use except
as is consistent with that of providing landscaped open space for
aesthetic and recreational satisfaction of the surrounding residences.
H.
An operations and maintenance plan shall be developed for the open
space.
A.
In Planned Districts, uses are permitted by right or by special use permit in accordance with § 340-95 and Table III D-1, titled "Use Regulations."
B.
In Planned Mixed Use Development Districts (PMUDs), buildings with
mixed use (ground floor retail and upper level residential or office
use) are permitted in accordance with the following sliding scale:
(1)
If less than 25% of the total gross tract is excluded due to
the existence of steep slopes and/or wetlands, then not more than
40% of the gross floor area (GFA) developed within the net tract may
be used for nonresidential uses by right or by special use permit.
If 25% to 40% of the total gross tract is excluded due to the existence
of steep slopes and/or wetlands, then not more than 50% of the GFA
developed within the net tract may be used for permitted nonresidential
uses by right or by special use permit.
(2)
If more than 40% of the total gross tract is excluded due to
the existence of steep slopes and/or wetlands, then not more than
60% of the GFA developed within the net tract may be used for permitted
nonresidential uses by right or by special permit.
Streets in a proposed Planned District that are to be dedicated
for public use shall be constructed in accordance with the provisions
of the Johnston Land Development and Subdivision Review Regulations.[1] Streets in a proposed Planned District that are to be
kept private and will not be dedicated for public use shall require
Planning Board approval, which may be contingent upon the developer
adhering to the provisions of the regulations as determined on a case-by-case
basis. This determination shall be in accordance with and consideration
of the proposed uses for the site while insuring the health, safety,
and welfare of the targeted population and adequate accessibility
for emergency vehicles.
[1]
Editor's Note: See the current Subdivision Regulations on
file in the Town offices.
B.
Due to the typical shared nature of PMUDs, the total off-street parking
may be reduced to 90% of the required number of spaces for the individual
uses if the location of the parking design is determined by the Planning
Board to be conducive to sharing. A shared use agreement may be required
by the Planning Board between tenants and owners, and said agreement
shall survive any future property transfer.
C.
In Continuing Care Retirement Communities, parking for one car space
shall be provided for every three beds, plus 10% of those spaces.
B.
The following requirements apply to off-street stacking and loading
spaces and spaces utilized in conjunction with window services and
drive-through services:
(1)
Overhead clearance for drive-through/window services shall be a minimum
of 14 feet in height.
(2)
Drive-through service areas shall be situated on the premises where
the location will not impede the traffic flow accessing or circulating
within the property boundaries and where stacking areas are separate
and apart from the primary circulation driveways.
(3)
Stacking spaces are required for drive-through service areas and
shall be a minimum size of 12 feet wide by 20 feet long and shall
be provided for as follows:
(4)
A minimum distance of 40 feet shall exist between the front of the
stacking space at the service window or station and the exit onto
the street or circulation driveway, thereby permitting a vehicle to
drive beyond the service window or station after the completion of
a transaction and wait until merging into the traffic stream.
C.
Outside walk-up windows shall be provided with a hard-surfaced sidewalk
area comprised of concrete, asphalt, or the like with a minimum width
of 10 feet and extend to a minimum of five feet on each side of the
service area; this area shall be physically separated from the circulation
and drive-through areas with a barrier, which may include raising
the area with a finished curbing. Walk-up window areas shall be constructed
so as to comply with state handicapped access laws and regulations.
A.
Any Planned District and/or Planned Mixed Use Development application involving one or more lots, tracts, or parcels of land that are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, which may include, but are not limited to, planned development and/or cluster development for residential or mixed residential-business use, shall be defined as a major land development project and shall also require Planning Board approval in accordance with Rhode Island General Laws Title 45, Chapter 23, and the Johnston Land Development and Subdivision Review Regulations,[1] including those provisions for appeal and judicial review,
whether or not the land development project constitutes a subdivision
under such provisions.
[1]
Editor's Note: See the current Subdivision Regulations on
file in the Town offices.
B.
Preapplication conference. At the request of either the Planning
Board or the applicant, a preapplication conference with the Planning
Board shall be held to:
(1)
Acquaint the applicant with the Johnston Comprehensive Community
Plan and any specific plans that apply to the parcel, as well as the
Zoning Ordinance and other ordinances that affect the proposed development;
(2)
Suggest improvements to the proposed design on the basis of
a review of the sketch plan;
(3)
Advise the applicant to consult appropriate authorities on the
character and placement of public utility services; and
(4)
Help the applicant to understand the steps to be taken to receive
approval.
C.
A site plan shall be submitted in accordance with § 340-94 for any Zoning Map amendment advisory opinion to the Town Council.
D.
Site plan requirements: The developer shall submit at least four
copies of a site plan for Planning Board review. Such plan shall be
prepared and stamped by a registered professional land surveyor and
a registered professional engineer. The site plan shall include the
following:
(1)
Proposed name of the development;
(2)
Location by metes and bounds description;
(3)
Name and address of the applicant and designer of the plan;
(4)
Scale of plan: one inch equals 10 feet;
(5)
Date, North arrow, contours at two-foot intervals;
(6)
Boundary line of the development indicated by a solid line,
and the total acreage encompassed thereby;
(7)
Location, widths and names of all existing and prior platted
streets, pavements, curbs, utility poles, railroad and utility rights-of-way,
parks and other public open spaces, permanent buildings and structures,
houses or permanent easements, and section and municipal boundary
lines on or within 500 feet of the development;
(8)
Existing sewers, water mains, culverts, catch basins, hydrants
and other underground facilities within the tract, indicating pipe
sizes, grades, manholes and location;
(9)
Proposed location, arrangement, and dimensions of automobile
parking spaces, width of bays, angle of parking;
(10)
Proposed location and dimensions of vehicular drives, entrances,
exits, walks, and walkways;
(11)
Proposed drainage system, sanitary sewer, hydrants, water line
and other utilities;
(12)
Proposed location, height and materials of walls, fences and
screen plantings;
(13)
Proposed ground cover, finished grades, slopes, banks and ditches;
(14)
Location, proposed use and general exterior dimensions of principal
and accessory buildings and signs;
(15)
The stages, if any, to be followed in the construction of development;
(16)
A comprehensive plan for the development of the abutting land,
if any, owned by the developer;
(17)
Test boring data, at least one fifteen-foot for every four acres
of land;
(18)
Typical street cross-sections;
(19)
Proposed parks, playgrounds, and other open spaces, if any;
(20)
Total number of dwelling units in the proposed development and
the overall density;
(21)
Percentage of the area to be devoted to roadways;
(22)
Percentage of the area to be devoted to parks, playgrounds and
other common facilities;
(23)
Percentage of area covered by buildings;
(24)
Identification of wetlands (including buffer) and slopes steeper
than 8%; identification of percentage of net buildable area; and
(25)
Any other items deemed necessary by the Planning Board.
E.
Review guidelines. The Planning Board may recommend the establishment
of a Planned District to the Town Council, provided that the facts
submitted with the application and presented to the Planning Board
establish that:
(1)
The site plan for the Planned District is consistent with the
purpose, requirements, permitted use, design, density, dimensional
regulations, affordable housing objectives, open space requirements,
and related criteria established for such Planned District.
(2)
Reasonable conditions have been imposed, where necessary, to
mitigate any adverse impacts of the proposed Planned District, particularly:
(a)
That the proposed Planned District, or given phase thereof,
can be substantially completed within four years of the establishment
of the Planned District;
(b)
That each individual phase of development, as well as the total
development, can exist as an independent phase capable of creating
an environment of sustained desirability and stability or that adequate
assurance will be provided that such objective will be attained; before
any clearing or site disturbance for subsequent phases of development,
an erosion control permit shall be obtained, required drainage improvements
shall be implemented, and the site shall be stabilized (No stockpiling
of material shall be permitted.);
(c)
That the uses proposed will not be detrimental to present and
potential surrounding uses, but will have a beneficial effect which
could not be achieved under other zoning districts;
(d)
That the streets and thoroughfares proposed are suitable and
adequate to carry anticipated traffic, and increased densities will
not generate traffic in such amounts as to overload the street network
outside the Planned District, especially in residential neighborhoods;
(e)
That any proposed commercial development, where allowed, can
be justified economically at the location proposed to provide for
adequate commercial facilities of the types proposed;
(f)
That any exception from standard ordinance requirements is warranted
by the design and amenities incorporated in the general development
plan;
(g)
That the area surrounding said development can be planned and
zoned in coordination and substantial compatibility with the proposed
development;
(h)
That the Planned District is in conformance with the general
plan of the Johnston Comprehensive Plan; and
(i)
That existing or proposed utility services are adequate for
the population densities proposed.
F.
Required documents. If residential uses that provide for common open
space are included in the Planned District, the following documents
shall be submitted with the site plan:
(1)
An agreement between the developer and the Town of Johnston
stating, among other things:
(a)
That in the event of failure or neglect on the part of the owners,
successors, or assigns to maintain the common open space areas, landscaping
and other improvements in good condition, the Town may perform the
necessary work and for that purpose may enter upon the land and do
said work and charge the cost thereof, including reasonable attorneys'
fees, against the owners, successors or assigns.
(b)
That the developer will construct the project in accordance
with the approved plans.
(c)
That the contract shall be binding upon the heirs, assigns,
receivers or successors of the project and shall be a lien upon the
property.
(d)
Any other conditions the Planning Board deems reasonably necessary
to carry out the intent of the Planned District.
(2)
The following items shall also be submitted:
(a)
Certification from the Johnston Tax Collector that all taxes
due on the land described in the Planned District have been paid for
five years preceding the date of filing and that there are no outstanding
tax liens thereon.
(b)
Copies of existing and proposed deed restrictions and protective
covenants to run with the land in the Planned District if such exist
or are proposed.
(c)
A statement by the applicant describing any easements and the
conditions thereof to the Planning Board.
G.
Action on site plan. Not more than 30 days after the close of the
hearing on the site plan, the Planning Board shall determine whether
the proposed development complies with all requirements of this article,
and shall:
H.
Change of approved site plan. If the applicant wants to make any amendment to an approved site plan, a written request shall be submitted to the Planning Board. If, in the opinion of the Planning Board, a requested change is sufficiently substantial, the Planning Board shall require the submission of an amended site plan. The procedure for the consideration of such written request or of such amended site plan shall be the same as that for consideration of a site plan under § 340-93.
I.
Filing fees. Application for a Planned District designation approval
from the Town Council shall be accompanied by all fees required by
law.
