5.4 Planned Development Districts
Section 5.4 of these Regulations is reserved for adoption, by the Planning and Zoning Commission, from time to time, of regulations authorizing the implementation of Planned Development Districts, which shall be floating zones, designed to provide flexibility, but with regulatory control, to achieve targeted developmental objectives within the City of Groton which will enhance and diversify development opportunities within the City, and which development cannot be feasibly achieved pursuant to the regulatory framework created by other sections of these regulations. Each Planned Development District adopted by the Planning and Zoning Commission hereunder shall be a floating zone. Development within any Planned Development District may only be accomplished by (1) obtaining from the Planning and Zoning Commission a zone change attaching the applicable Planned Development District regulation to a parcel or parcels of land proposed for inclusion within the zone, which zone change shall only be granted in conjunction with the approval of a preliminary site development plan and land use concept plan ("Master Plan") as provided in these Regulations and (2) obtaining final site plan approval for the development as proposed.
5.4.A Mixed Use Development District
- General. The Planning and Zoning Commission recognizes that areas exist within the City of Groton which present unique opportunities for development and re-development in an urban setting in order to develop a "sense of place", provide population densities which will promote a pedestrian friendly environment, create a walkable environment to major regional employers and enhance the economic diversity of the City of Groton. The Planning and Zoning Commission desires to create a legislative framework which will allow the type of development contemplated by this Section 5.4.A of the City of Groton Zoning Regulations with stringent controls which will allow the Planning and Zoning Commission to ensure that the uses proposed within the Planned Development District can be developed in harmony with each other and in harmony with surrounding uses, both existing and contemplated, giving due consideration to the unique characteristics and location of the property which is proposed for rezoning.
- Intent. The Mixed-Use Development District ("MUDD") will be a floating zone governed by a Master Plan, in accordance with Section 5.4.A of these Regulations. The Master Plan will be subject to review and approval by the Planning and Zoning Commission as a zone change and zoning text amendment, in conjunction with a contemporaneous zoning map amendment to MUDD, but subject to a public hearing and all other applicable procedural terms and conditions of these Regulations. Except as provided in Section 5.4.A hereof, the MUDD will supersede all pre-existing zoning, and any development of the zoned property owned and/or controlled by the Applicant, will be subject to the specific requirements for the MUDD set forth herein and as delineated in the approved Master Plan.
- Unified and Comprehensive Design. The MUDD is designed to encourage urban development in close proximity to places of major employment incorporating a neighborhood concept of both commercial and residential uses within the District. Such unified design shall include comprehensive standards for the architectural style of buildings within the MUDD, pedestrian linkages and linked community facilities, the design of utilitarian elements such as lighting fixtures, and signage and preliminary designs for sewer, water and stormwater management and renovation for the District.
- Expand Property Tax Base and Employment Opportunities. Use the incentives of higher density residential development and increased flexibility in overall development density and intensity to create an expanded tax base for the City; to create attractive urban scale mixed use commercial and recreational lifestyle environments which address the needs of City and which will create residential units in close proximity to places of major employment in order to promote a pedestrian friendly environment within the City and a "Sense of Place" in the eligible zoning districts which occupy strategical locations within the City.
- Increased Residential Density Near Employment Opportunities. Provide housing units in compact urban residential patterns that are located within reasonable walking distance of major places of employment and other service businesses in order to promote a walkable environment and sense of place within the City.
- Health, Safety, and Welfare; Plan of Conservation and Development. To encourage mixed use development at such degrees of intensity as can be conveniently accommodated by parcel size, available infrastructure and parking demands in a manner which is consistent with the Plan of Conservation and Development of the City of Groton and which promotes the health, safety, economic development and general welfare of the City and its residents.
5.4.A.1 Mixed Use Development District
- Applicants. Any owner of property within a proposed MUDD may apply to the Planning and Zoning Commission for a change of zoning district classification from the underlying zoning district to MUDD. Such owner, herein referred to as the "Applicant", need not own all land within the proposed MUDD, and failure to own all land within such proposed district shall not prevent the Planning and Zoning Commission from hearing or granting any such application; provided, however, that the owner of each parcel delineated on the Master Plan for which MUDD approval is requested consents, in writing, to the filing of the application for the MUDD. For the purpose of this Section, the term "underlying zoning district" shall be defined as the zone(s) or district(s) existing on the subject parcel prior to the filing of an application for a MUDD.
- Limitations on Underlying Zoning Districts. An Applicant can only apply for MUDD zoning district classification in the existing Waterfront Business Residence District or the existing Five Corners District.
- Uses Allowed and Required. A MUDD may include any use of land set forth in Sections 4.1 or 4.2 of these Regulations (whether permitted as of right or by special permit), developed at the density and in accordance with the design parameters permitted by this Section 5.4.A of these Regulations, in distinction to the density and design requirements set forth in the hereinbefore referenced underlying districts.
- Residential Uses. Multi-family residential uses established in a size and configuration consistent with urban scale residential development; provided, however, that no such residential use shall be permitted on the first floor of any structure within the MUDD. Residential density shall be determined by the Planning and Zoning Commission based upon the unique characteristics of the neighborhood context in which the MUDD is proposed. Residential components of the MUDD shall contain, be linked to, or be supported by commercial development on the first floor of any structure in the MUDD accommodating residential dwelling units. Nothing herein contained shall be construed to limit or prohibit the utilization of first floor space within the limits of any building footprint from accommodating required parking spaces.
- Commercial Uses. Any use permitted (whether as of right or by special permit) in the Waterfront Business Residence District or the Five Corners District.
- Recreational Use. Any use located entirely within a building or buildings in a MUDD available as an amenity for residents of the MUDD, or on a fee for use basis, including, but not limited to a swimming pool, fitness center, gymnasium, video golf facilities, arcade or bowling alleys.
- Accessory Uses. Those accessory uses permitted pursuant to the provisions of Section 4.1.E.2 and 4.2.E.1 of these Regulations.
- Performance standards for MUDDs. Any MUDD established pursuant to the provisions of this Section 5.4.A of the City of Groton Zoning Regulations shall satisfy the following minimum standards:
- Each MUDD shall be designed to provide for adequate access for emergency access to structures within the MUDD.
- All uses in the MUDD shall be served by municipal water and municipal sewer facilities.
5.4.A.2 Application Procedure For Mixed Use Development Districts
- Informal Preliminary Review. The Planning and Zoning Commission recommends that, prior to the submission of an official application for MUDD approval, the Applicant initiate a pre-application conference with the Planning and Zoning Commission and its staff and subsequently prepare and present a preliminary plan for informal consideration by the Planning and Zoning Commission. The preparation of the preliminary plan is recommended to facilitate the general consideration of factors and problems affecting the development of the MUDD before the Applicant proceeds with the official application and the preparation of submittable maps, plans and documents required for formal consideration by the Planning and Zoning Commission. The presentation of a preliminary plan will more readily and economically facilitate alterations and changes recommended by the Planning and Zoning Commission. The pre-application conference and the informal consideration of the preliminary plan shall not be deemed to constitute any portion of the official and formal procedure of applying for a change of zone or a Master Plan approval. Neither the Applicant nor the Planning and Zoning Commission shall be in any way bound by statements made in such informal discussions, their purpose being only to minimize delay, expense and inconvenience to the public, the Applicant, and the Planning and Zoning Commission upon the future receipt, if any, of a formal application for a MUDD. Following any informal discussion, the Planning and Zoning Commission may suggest that the proposal, or certain aspects thereof, be referred to other municipal, State, or Federal agencies for review and comment, or may suggest that additional information is or will be required prior to action on a formal application for change of zone.
- Formal Application.
- Application Form and Fee. All applications for a MUDD shall be submitted to the Planning and Zoning Commission on a form prescribed by it and accompanied by an application fee for a zone change in accordance with the Ordinances of the City of Groton. In addition, each application shall be accompanied by a list of names and addresses of the owners of all properties located within and within five hundred (500') feet of the property included in the zone change application, as such names and addresses appear in the most recent Grand List of the Municipal Assessor.
- General Statement. Applications for change of zone to MUDD shall include a general statement describing the following:
- The specific types of proposed uses on the site and the approximate square footage of each use;
- The methods by which site utilities will be provided;
- The proposed timetable for development, including a description of phases, if any;
- A list of all additional licenses, permits, and approvals which will be required for the development together with a delineation of the agency responsible for the issuance of such permits, licenses and approvals;
- For residential portions of the site, a schedule of bedrooms per dwelling unit, total numbers of units, and such other data as may be required to evaluate compliance with the standards and criteria of these Regulations; and
- A statement outlining how the proposed development conforms to the Comprehensive Plan embodied in these Regulations and the adopted Plan of Conservation and Development of the City.
- Zone Change Map for Recording. All applications for a MUDD shall be accompanied by a property boundary survey, suitable for filing in the Office of the Groton Town Clerk, indicating the area of the proposed zone change relative to existing property boundaries, and the names of all property owners owning property located within the MUDD and the names of all abutting property owners of record and the names of all property owners located within five hundred (500') feet of any portion of the zone change parcel as evidenced by the then most current records of the Municipal Assessor as of the date of filing of the zone change application for the MUDD. Said survey shall include a key map. Said property boundary survey shall be certified by a Connecticut licensed land surveyor certifying that the survey conforms to the standards of survey and map accuracy respectively of Class A-2 as defined in the Minimum Standards for Surveys and Maps in the State of Connecticut, as the same may be amended from time to time. In the event that the Planning and Zoning Commission approves a zone change of a lesser area than that requested, the Applicant shall provide an amended zone change map reflecting the zone change as approved.
- Master Plan. All applications for a MUDD shall be accompanied by a Master Plan as required below:
- The Plan shall be drawn clearly and legibly at a scale of 1" = 100' presented on sheets not exceeding 24" x 36" (unless a different scale or sheet size is approved by the Commission) and the plan shall be drawn by a professional engineer, architect, landscape architect, or land surveyor registered in the State of Connecticut. Sixteen (16) paper prints shall be provided with each application. Where appropriate, supporting information may be provided in textual rather than graphic form.
- The following items are required to be submitted to the Commission with each application for change of zoning district classification to MUDD and the approval of a master plan:
- Key Map. A key map at a scale of 1" = 1000' showing the location of the proposed development and its relationship to existing City and State roads.
- Adjacent Land Uses. The boundaries of the subject parcel or parcels to be rezoned and/or developed, owners of these parcels and adjacent parcels, roadways, structures, and land uses.
- Existing Site Features. Existing structures, roads, land uses, topography at a contour interval of two (2') feet or less, major and unique natural, scenic and historic features of the parcel and their relationship to the proposed development.
- Proposed Land Uses. The proposed density of land uses intended for different parts of the parcel, including the number of residential and commercial units, and the amount of land to be devoted to each land use including the amount and general location of parking, walkways and other amenities.
- Proposed Buildings. The general height, bulk, use and location of buildings, including conceptual elevations of the buildings in the MUDD sufficient to demonstrate to the Planning and Zoning Commission a consistent architectural theme which will be maintained throughout the MUDD.
- Circulation. The proposed location of roads, driveways, parking and pedestrian circulation including tie-ins with existing City, state and public utility facilities.
- Water Supply. The proposed method for a provision of a potable water supply to the development and a projection of the number of gallons per day to be consumed by the project upon completion.
- Sewage Disposal. The proposed method for the collection and disposal of all sanitary waste.
- Stormwater. A stormwater quality and management plan that will incorporate low impact development techniques and processes.
- Surface Water Quality. A statement indicating the quality of existing watercourses through or near the site, if any.
- Erosion Control. A statement indicating the erodibility of the soils and a general indication of the need for erosion and sedimentation control. All erosion and sediment control measures shall comply with the latest edition of the Connecticut Guidelines for Soil Erosion and Sediment Control.
- Watercourses. The location of any inland wetland and watercourse as defined by the City Inland Wetlands and Watercourses Regulations, and map, as amended.
- Traffic Impact Study. A traffic impact analysis prepared by a Connecticut licensed professional engineer specializing in traffic engineering, evaluating the capacity of existing streets and highways to accommodate the projected traffic which will be generated by the MUDD uses.
- Pedestrian Impact Study. An impact analysis prepared by a Connecticut licensed professional engineer evaluating the movement of pedestrian traffic within the MUDD and between the MUDD and adjacent uses, which impact analysis shall incorporate recommendations to facilitate pedestrian traffic both within the MUDD as well as between the MUDD and adjacent uses.
- Parking Analysis. A parking plan for the MUDD prepared by a licensed professional engineer specializing in parking needs and design, which analysis shall determine the amount and location of parking required by the MUDD. The recommendations of the parking analysis shall be incorporated into the Master Plan by the Applicant=s consulting civil engineer; and, when approved by the Planning and Zoning Commission, shall supersede any and all parking requirements otherwise contained in these Regulations.
- Signage Plan. A general signage plan delineating the general signage program for the MUDD, including directional signage. Signage within the MUDD shall not be required to comply with the requirements of Section 7.2 of these Regulations, but shall be subject to the approval of the Planning and Zoning Commission. In approving the Master Plan, the Planning and Zoning Commission shall approve, or modify and approve, as the case may be, the signage program for the MUDD. In conjunction with each site plan application for a specific element or phase of development within the MUDD, the Applicant shall present the specific signage proposal for that element or phase of the MUDD, including the size, location, illumination and design of all signage, which signage shall be determined by the Planning and Zoning Commission to be consistent with the general signage program for the MUDD approved in the Master Plan approval, and which signage shall be consistent with the architectural character and theme of the MUDD, and which shall be consistent with the Plan of Conservation and Development of the City.
- Restrictions. The substance of any proposed covenants, easements and restrictions.
- Further Documentation. Other documentation as may reasonably be required by the Planning and Zoning Commission to make an adequate determination of the appropriateness of the proposal to the site and of its fulfillment of the intent of these Regulations. The Planning and Zoning Commission may require information generally required in the final site development plan if it feels such information is necessary to make an informed judgment. Preliminary findings for all site investigations shall be indicated.
- Additional Information. A zone change application calls upon the Planning and Zoning Commission to exercise a legislative function, and to determine that the MUDD applied for will be superior to the underlying zone in achieving the purposes of these Regulations and the Plan of Conservation and Development of the City. It is the obligation of the Applicant to provide any additional information which the Planning and Zoning Commission may request or require in order to make such a determination. Such information may include, but is not limited to: additional information concerning surrounding land uses, building locations, driveways, streets, topography, watercourses and wetlands, utilities, and the like.
5.4.A.3 Public Hearing, Personal Notice, & Action
- Procedure, Applicant's Notice Requirements. The Planning and Zoning Commission shall act in such manner, and in accordance with such time limits, as are designated for changes of zone in accordance with Section 9.6 of these Regulations and in accordance with the applicable provisions of Section 8-7d of the Connecticut General Statutes. In the event of conflict between the procedures set forth in these Regulations and the General Statutes, the latter shall prevail. In addition, the Applicant shall mail personal notice of the proposed zone change to MUDD to each owner of property within the MUDD and within two hundred (200') feet of any portion of the MUDD as required by the provision of Section 9.9.G of these Regulations and post notice of the pendency of the public hearing on the zone change application on the property constituting the MUDD in accordance with the requirements of Section 9.9.H of these Regulations.
- Action on Master Plan. The Planning and Zoning Commission shall approve, modify and approve, or disapprove the Master Plan. Any site plan approval subsequently granted for any use within the approved MUDD shall substantially conform to the approved Master Plan, except to the extent that the Planning and Zoning Commission approves a departure therefrom. No Certificate of Zoning Compliance or Building Permit shall be issued, nor shall any construction activity of any kind commence, for any work depicted on an approved Master Plan, until such time as a site plan approval in accordance with Section 9.3 of these Regulations has been issued for development to be located in the phase, or on the lot or site, where such development is to occur.
- Notice of Action and Filing of Map. Upon approval of a MUDD and Master Plan, the Planning and Zoning Commission shall provide notice to the Applicant and the public, as provided in the General Statutes, and shall cause the approved MUDD zone change map to be noted on the official zoning map of the City of Groton by outlining the boundaries of the land affected thereby and indicating the approval date.
- Recording. The Applicant shall, within ninety (90) days of approval of any MUDD, record notice thereof in the Groton Land Records under the name of the record owner(s) of land affected thereby, giving a legal description of the land, and giving specific reference to the approved plan(s) and map(s); and, further, the Applicant shall file in the Groton Land Records a copy of the approved plan(s) and map(s), endorsed by the signature of the Planning and Zoning Commission's Chairman or Secretary.
5.4.A.4 Criteria for Decisions on Change of Zone & Master Plan
- In acting on the application for change of zone and approval of a Master Plan, the Planning and Zoning Commission is performing a legislative function and shall be allowed the discretion granted to zoning commissions acting in a legislative capacity by Connecticut law. The Planning and Zoning Commission shall, in acting upon the Master Plan, consider the Plan of Conservation and Development adopted by the Planning and Zoning Commission as well as make a determination that the Master Plan is in conformance with the Comprehensive Plan of the City of Groton.
- General Findings. In general, the application shall allow the Planning and Zoning Commission to make the following findings in support of any decision to approve a MUDD:
- The proposed MUDD shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the area in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties.
- The location and size of proposed uses, the intensity of operations involved in connection with such uses, the site layout, and their relationship to access streets shall be such that vehicular and pedestrian traffic generated by the use or uses, shall not be detrimental to the character of the neighborhood.
- The establishment of such MUDD will not unreasonably hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
- The proposed uses permits the development of the site with the design of structures and land uses which is compatible with the shape, size, topography and natural character of the zone.
- Site Plan Approval. Upon the adoption of a MUDD by the Planning and Zoning Commission, the Applicant shall prepare a final site plan for the development of each phase of the MUDD. Each phase of the MUDD shall be capable of being fully developed without dependence upon any subsequent phase of the MUDD.
- Any application for site plan approval shall be submitted to the Planning and Zoning Commission, if applicable, on a "Per Phase" basis. Any site plan approval granted by the Planning and Zoning Commission shall require a finding that the architectural style and placement of buildings within the Phase of the MUDD will not adversely impact residentially zoned properties abutting the MUDD. In order to assist the Planning and Zoning Commission in making these findings, the Applicant shall, in conjunction with a site plan application for a Phase of the MUDD, provide architectural information with respect to all buildings in the Phase including, if applicable, screening, building and site illumination, landscaping plans, the location and construction material of any fences, walls, walkways, trash disposal areas and the like.
5.4.A.5 Specific Requirements for All MUDDs
- Access and circulation ways shall be designed to permit appropriate firefighting equipment, fuel trucks, refuse collection, deliveries and snow removal equipment to operate in a safe and efficient manner.
- The MUDD shall be served from, or have access to, at least one through improved State or municipally owned and maintained street or highway which provides adequate circulation and access to other sections of the City. The design of the MUDD shall be formulated to facilitate ingress to and egress from the MUDD without significantly adversely impacting traffic flow and traffic safety on interconnecting City or State streets and highways.
- The street system shall be designated to permit connection to existing and proposed facilities where necessary for proper functioning of the utility systems, or the extension of utilities to adjoining properties.
- Buildings, walls, fences, planting and other sight obstructions shall be so located and designed that a driver exiting any garage, carport or parking space has an unobstructed view of approaching traffic.
- Parking. Parking for all uses shall be in accordance with the requirements of the parking analysis and plan for the MUDD incorporated into the Master Plan and approved by the Planning and Zoning Commission. The Planning and Zoning Commission shall, where possible, seek to minimize the construction of parking spaces, and encourage the use of shared parking facilities, mass transit and pedestrian connections.
- Underground Utilities. All development in a MUDD shall provide for underground installation of all utilities interior to the MUDD. All development shall provide proper design and construction of storm sewer facilities, including grading, gutters, piping and treatment of pervious areas to handle stormwater, prevent erosion and the formation of dust. Utilities and maintenance facilities shall be in accordance with the requirements and regulations of the appropriate authority having jurisdiction.
- Pedestrian and Bicycle Circulation. The Planning and Zoning Commission may, where deemed appropriate, require walkways and/or bikeways within the development to facilitate non-vehicular movement to community facilities within the development and on adjoining and neighboring properties.
- Private Driveways. All driveways within a MUDD shall be designed by a licensed professional engineer and submitted with the Master Plan for approval by the Planning and Zoning Commission. The design of driveways and the interconnection of driveways with abutting streets and highways shall be based upon the anticipated volume of vehicular traffic on the driveway, the alignment of the driveway with the intersecting street and the available sight stopping distance.
- Waste Disposal. Adequate sight screening must be provided for all common and commercial garbage collection areas.
- Setback Requirements, Building Proximity. Where the MUDD abuts any residentially zoned property outside of the MUDD, all buildings or structures shall be at least thirty (30') feet from any residentially utilized building on any residentially zoned parcel adjoining the exterior boundaries of the MUDD.
- Setbacks between buildings and structures within the MUDD shall be such as to provide reasonable access to light and air, and access space for service, fire protection and maintenance equipment and operations.
- Design. The design of any MUDD shall protect neighborhood property values, prevent future deterioration, promote good community living standards, provide for the preservation and enhancement of the character of the City, provide for feasible management and control of the premises, and serve the purposes of this Section 5.4.A and Section 1.2 of these Regulations, specifically including the protection of the public health, safety, and welfare. Site and architectural design shall take advantage of topographic features, provide for landscaping and restoration of all areas disturbed by construction, and complement any adjoining neighborhood. Consistency of scale and complementary architectural design and landscaping standards shall be maintained throughout the various components of the MUDD.
- Phasing. Each phase proposed for a MUDD shall be capable of independent existence and operation and shall be consistent with the approved Master Plan. Amenities, such as recreation areas, community buildings and facilities and other similar improvements shall be divided as equally as possible among phases, or shall be completed in the earlier phase(s) of the development, as the Planning and Zoning Commission may require.
For any phase of a MUDD containing dwelling units, such phase shall also include not less than three (3%)% of the gross floor area of buildings within that phase of the MUDD as commercial or recreational development, which calculation shall be made on a cumulative basis; i.e. in the event that the commercial or recreational development in any phase of development in a MUDD contains in excess of the minimum required floor area of commercial or recreational development, the excess contained in such phase over the requirement for such phase shall be applied to the satisfaction of the minimum commercial and recreational use development required in future phases of development of the MUDD. For purposes hereof, recreational development shall be limited to recreational facilities located entirely within a building such as, but not limited to, bowling alleys, video golf facilities, arcades, swimming pools, exercise facilities and gymnasiums. Small-scale commercial uses may be included within mixed-use buildings or complexes within a phase, provided that no Certificate of Zoning Compliance at either the Building Permit or Certificate of Occupancy stages shall be issued for any residential use until construction has commenced on the commercial uses within the applicable phase of the MUDD.
5.4.A.6 Specific Requirements for Residential Development in a MUDD
- Multi-family Dwellings. In addition to other applicable standards of this Section, multi-family dwelling complexes within the MUDD shall comply with the following additional requirements:
- Each multi-family building shall not contain more than one hundred (100) dwelling units nor less than four dwelling units.
- Each building containing multi-family dwelling units shall not exceed the lesser of (i) sixty (60') feet in height (ii) such height, based upon the location of and access to the building, as has been approved for fire protection purposes by the fire marshal of the City of Groton or (iii) four floors of residential units above commercial, office or parking use.
- Exterior walls longer than fifty (50') feet shall include an offset for each fifty (50') feet of length of at least four (4') feet, or shall include a commonly accepted architectural feature that breaks the building wall plane.
- All multi-use buildings within a MUDD containing residential units shall contain only commercial or office space on the ground level floor (with the exception of areas which are reserved for parking below second floor residential units. Sidewalks, five (5') feet in width, shall be required adjacent to all existing municipal streets and highways which abut the MUDD. In addition, sidewalks, five (5') feet in width, may be required by the Planning and Zoning Commission in locations interior to the MUDD in order to provide for the efficient and convenient movement of pedestrian traffic within the MUDD and to and from the MUDD from the adjoining state or municipally owned and maintained street or highway. Proposed sidewalk locations shall be determined by the Applicant's licensed professional engineer and delineated on the circulation plan included with the Master Plan submitted to the Planning and Zoning Commission for approval in conjunction with a zone change application for a MUDD.
- The landscaping and architectural design of buildings containing multi-family dwellings shall be in harmony with that of the MUDD of which it is a part, and the maintenance of the approved architectural style shall be enforced by declarations and covenants acceptable to the Planning and Zoning Commission's legal counsel. Building and site design, lighting, landscaping, walkways, and other site improvements shall create a consistent, complimentary visual atmosphere, and shall incorporate layout, architectural, development and landscaping plans and techniques including, but not limited to: varied, but complimentary roof lines and styles, complimentary building styles, sizes, orientations and exterior finishes, foundation plantings, street trees, bollard lighting for walkways, ornamental gardens, gazebos and courtyard park settings to accomplish the desired effect.
- Satellite Receivers. A single satellite receiver may be provided for each building in the MUDD; or, each unit may be served by cable television service. Any receiver serving a building or complex of buildings shall be located in a manner which will minimize its visibility.
- Landscaping. Suitable landscaping, as determined by the Planning and Zoning Commission, and based upon the geographic location and community context in which the MUDD is approved shall be provided.
5.4.A.7 Specific Requirements for Commercial & Mixed Use Development in a MUDD
In addition to other applicable standards of this Section, commercial and mixed-use development within the MUDD shall comply with the following additional requirements:
- All buildings within a MUDD shall be setback not less than five (5') feet from an adjoining streetline. Building placement shall be designed by the Applicant's consulting professional engineer in order to maintain adequate sightline at all intersections of state or municipally owned and maintained streets abutting the MUDD. Rear yard setbacks shall be thirty (30') feet. Building height in a MUDD shall not exceed the lesser of (i) sixty (60') feet in height or (ii) such height, based upon the location of and access to the building, as has been approved for fire protection purposes by the fire marshal of the City of Groton. The Planning and Zoning Commission may increase the setbacks contained in this Regulation in the event that greater setbacks are required in order to achieve the purposes enumerated in Section 1.2 of these Regulations.
- The architectural design and landscaping of the commercial use or building, including mixed-use buildings shall be in harmony with that of the MUDD, and the maintenance of the approved architectural style shall be enforced by declarations and covenants acceptable to the Planning and Zoning Commission's legal counsel. Building and site design, lighting, landscaping, walkways and other site improvements shall create a consistent, complimentary, visual atmosphere, and shall incorporate layout, architectural, development and landscaping plans and techniques including, but not limited to: varied, but complimentary roof lines and styles, complimentary building styles, sizes, orientations and exterior finishes, foundation plantings, street trees and bollard lighting for walkways to accomplish the desired effect.
5.4.A.8 Conformance to Recorded Documents
Land included in a MUDD shall be used and developed only in accordance with the recorded documents. Any site plan approval issued for any phase in the MUDD shall substantially conform to the design, use, and other standards of the approved Master Plan, unless modified as provided hereunder.
5.4.A.9 Amendment or Extension of Approved MUDDs
An application to extend or amend an approved MUDD shall specify the nature of the planned extension(s) or amendment(s) and shall be accompanied by a scale plan of the proposed extension(s) or amendment(s) in the same detail as is required in an initial application for Master Plan approval and shall be accompanied by a fee in accordance with the applicable fee ordinance establishing fees for land use applications in the City of Groton. An applicant for extension or amendment of a MUDD shall have sufficient interest in the land subject to MUDD regulations, in accordance with section 5.4.A.1.1. See Section 9.5 of these Regulations - Text Amendment Application and Section 9.6 of these Regulations - Zone Change Applications.
An applicant applying for a MUDD and submitting a Master Plan may choose to incorporate language and plan components with sufficient detail to allow the applicant to make minor and foreseeable deviations on a subsequent site plan(s). Such information shall become the basis for minor deviations from the Master Plan at such a time that an applicant applies for site plan approvals, so that a formal change to the Master Plan is not required. The Planning and Zoning Commission shall have the authority in approving a Master Plan to determine the nature and extent of such minor deviations which may be allowed on subsequent site plans. In all cases where additional application language and plan components are incorporated into a Master Plan, such information shall be sufficient in detail to allow for all necessary reviews of the Master Plan by the Commission, its staff, and its consultants.
5.4.A.10 Commencement & Completion of Construction
For any MUDDs approved pursuant to this Section 5.4.A, the construction of any building or structure or the establishment of any use depicted on the Master Plan, or any phase thereof, shall be completed by the Applicant, and a Certificate of Zoning Compliance and Certificate of Occupancy, where required, shall be issued, within five years from the effective date of any site plan approval of each individual Phase of the MUDD, as the case may be, which has been issued in accordance with the approved Master Plan. Upon application, the Planning and Zoning Commission may grant one or more extensions of the aforesaid time limit for a total period of up to five additional years. The foregoing time limits shall be tolled during the pendency of any court appeal of the approval of the MUDD or, for any particular phase or portion of the MUDD, or of any site plan approval issued thereunder.
5.4.A.11 Performance Bonds
The Planning and Zoning Commission shall require performance bonds to insure the completion of any public improvements in connection with any MUDD, for the installation of any infrastructure which, in accordance with the MUDD documents will be available for public use, and for the maintenance of erosion and sediment control measures until each phase of the MUDD is stabilized as delineated on any site plan approved for a use in the MUDD in a form satisfaction to the Town Attorney.
Any conveyance of real property and/or drainage and utility easements, or other interests in real property to be conveyed to the City of Groton in accordance with the approved Master Plan shall be by Warranty Deed, and shall be accompanied by a current Certificate of Title, prepared by an attorney admitted to the bar of the State of Connecticut or an owners policy of title insurance issued by a title insurance company licensed to transact title insurance business in the State of Connecticut, and certifying or insuring, as the case may be, that title to the real property conveyed or the interest therein conveyed is free and clear of, or superior in right to, any mortgage lien, restriction or other encumbrance materially affecting the use thereof for its intended purpose.
5.4.A.13 Outside Storage Applicable to Uses in a Mixed Use Development District
No outside storage of materials, products or refuse shall be permitted unless specifically authorized by the Planning and Zoning Commission, and such authorized outside storage shall be screened in such manner as the Planning and Zoning Commission may require. All loading areas shall be oriented away from residential areas and public ways and adequately screened from view by appropriate landscaping.