The purpose of this article is to govern the
erection, design, use and reuse of buildings and land approved as
either Planned Developments (PD) or as Mixed Use Planned Developments
(MUPD). These districts are intended to provide the following:
A.
Planned development: a designation which allows for
residential land uses through environmentally sensitive design. It
would provide for residential development on a single parcel (as in
a townhouse design, etc.).
B.
Mixed use planned development: a designation which
allows for multiple uses on one parcel. It is offered as a development
option as an encouragement to construct and develop low-density commercial
(retail and/or office) uses so as to offset the tax burden of higher
density residential units. Low- and moderate-income residential units
would be particularly encouraged in an MUPD.
A.
Designation of either of these districts requires
an amendment to this chapter and Zoning Map for the Town of East Greenwich.
These districts may be allowed where general impacts and environmental
constraints are minimal and there is a proper fit with existing uses.
B.
Development of a parcel under either of these use designations additionally requires approval under the tenets of Chapter A263, Development and Subdivision Review Regulations.
C.
The standards of this article shall also be applied
to projects that are developed in phases.
B.
The following are permitted uses within the MUPD Zone:
A.
The following uses are permitted as accessory uses
to legally existing principal uses in both the PD and the MUPD Zones:
(1)
The keeping of household pets for residential or educational
uses.
(2)
Family day-care in the home.
(3)
A temporary sales or promotion office in connection
with adjacent construction. Such office may be located in a trailer.
"Temporary" is considered to be one year, but renewal for good cause
may be allowed with application to the Building Official.
(4)
Storage of building materials and equipment incidental
to on-site construction.
(5)
Storage of inspected, registered vehicles, owned or
used by a person residing on the premises, which are physically capable
of being operated on a public roadway.
(6)
Storage of a maximum of one inspected, commercially
registered vehicle, owned or used by a person residing on the premises,
that has a maximum of one-ton capacity, which is physically capable
of being operated on a public roadway. Storage of unregistered vehicles
shall not be permitted.
(7)
In-law apartments.
(8)
Bed-and-breakfasts by special use permit only.
A.
The following requirements shall apply to both the
PD and MUPD Zones:
(1)
No accessory structure, swimming pool and/or tennis
court shall be located in any part of the required front and side
setbacks.
(2)
Proposals for planned developments and mixed use planned developments are required to follow review procedure spelled out in Chapter A263, Development and Subdivision Review Regulations.
(3)
Planned developments and mixed use planned developments
are required to participate in any impact program required for such
uses.
(4)
All such developments shall be serviced by Town sewer
and public water.
(5)
All such developments shall be oriented to the Town's
principal arterials.
(6)
All roads within a PD and MUPD shall be constructed
to the Town's standards and may be dedicated as public streets.
(7)
The total number of residential dwelling units to
be permitted shall be computed by using the following formula:
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D = (GA – NA)/UZ
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D
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=
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Density (maximum number of residential units,
this number shall be rounded to the nearest whole number to establish
the total number of allowed units in this development)
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GA
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=
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Gross acreage (gross area of the proposed development
in acres and tenths of acres)
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NA
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=
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Not Allowed (the area, in acres and tenths of
acres, of all wetlands or other natural areas protected under this
chapter; all wetland areas shall be defined by the Department of Environmental
Management; the NA total shall include the total land area allowed
for streets)
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UZ
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=
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Underlying Zone (gross development density in
units per acre permitted in the underlying zoning district)
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(8)
A minimum of 30% common open space shall be provided.
Common open space shall comply with the following criteria:
(a)
Wetland areas, as delineated by the state, shall
not be counted toward the 30% required open space. Perimeter wetlands
may be included to meet this requirement;
(b)
Up to 20% of the common open space may be devoted
to paved areas or structures used to provide recreational or cultural
facilities for residents of the development, consistent with the intended
use of the common open space and approved by the Planning Board;
(c)
The location, size and shape of common open
space shall be reviewed and approved by the Planning Board. Strips
of common open space are not permitted unless they provide access
to a larger portion of common open space, serve as natural drainage
areas, or serve as buffers;
(d)
Access to common open space shall be provided
to every owner of the common open space; access points shall be marked
by stone bounds to distinguish between the edge of the access and
private property;
(e)
Land which has suffered environmental damage,
either on the surface or below the surface, prior to the final approval
of the planned development by the Planning Board, shall not be counted
toward common open space requirements; should the land be restored
to a condition acceptable to the Planning Board, this condition may
be waived;
(f)
The developer shall provide for the permanent
preservation and maintenance of the common open space by, at the option
of the Planning Board, either conveying the same to the Town for use
by it for park, open space, agricultural or other specified use or
uses, or by conveying the same to a nonprofit organization the principal
purpose of which is the conservation of open space, or by conveying
the same to a corporation or trust owned or to be owned by the owners
of the units within the planned development. If such a corporation
or trust is used, ownership shall pass with conveyance of the lots
or units. In any case, where the land is not conveyed to the Town,
a restriction 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.
B.
The following requirements shall apply to the Planned
Development District:
(1)
The density within the development shall not exceed
that otherwise permitted in the underlying district.
C.
The following requirements shall apply to the Mixed
Use Planned Development District:
(1)
A maximum of six units may be permitted per acre,
provided at least 10% of the total residential units within the development
are affordable, based on HUD guidelines. Density shall be determined
based on the land used for residential purposes.
(2)
Assisted living facility.
(a)
Except for the development of an assisted living
facility together with any complementary or accessory use consistent
with this section, but excluding any additional commercial development
on site, the district shall apply only to parcels where both residential
and commercial development are provided. Total commercial development
shall not constitute greater than 50% and less than 25% of the total
gross floor area of the development overall.
(b)
The maximum to number of units to be permitted
in an assisted living development shall not exceed one bedroom, or
other space designed or allocated for sleeping purposes such as a
studio or efficiency apartment, for each 4,000 square feet of land
area for the given site.
(c)
The Town Council may permit the density of an
assisted living development to be increased to one bedroom, or other
space designed or allocated for sleeping purposes such as a studio
or efficiency apartment, for each 2,700 square feet of land area when
it is determined that the increase will serve the public welfare by
the inclusion of an increase of the following amenities:
[1]
An increase in internal space for the purposes
of recreation, art and education or other enrichment purposes compatible
with the intended occupancy;
[2]
An increase in open space for garden plots or
passive recreation for the intended occupants or the dedication of
open space for general public use; and
[3]
Provision of increased landscaping within the
setbacks and around the buildings and parking areas.
All applications for either PDs or MUPDs made under the provisions of this chapter shall be filed per the requirements of Chapter A263, Development and Subdivision Review Regulations.
