(a) Purpose. The R-PD Residential Planned Development District is intended to provide permissive, voluntary and alternate zoning procedures for development of single-family and two-family housing on tracts no larger than ten acres. The R-PD District may be used when a landholding under unified ownership is planned and developed in accordance with an approved Development Plan and subsequent Detailed Site Plan of the landholding. The planning and development of the Residential Planned Development shall be carried out in such a manner as to have minimum adverse effect on the natural features of the tract and its surrounding area. Residential Planned Developments typically will feature varied yard setback lines, area and frontage requirements within maximum gross density requirements in accordance with the provisions of the Zoning Ordinance.
(b) Permitted Uses. The following uses are permitted in the R-PD Residential Planned Development District:
(1) Detached single-family dwellings.
(2) Semi-detached single-family dwellings.
(3) Attached two-family dwellings.
(4) Related common parkland, open space and recreation facilities.
(c) Design Standards.
(1) Maximum height. No single-family, two-family dwelling, and permitted related recreational facility shall exceed two-and one-half stories or thirty- five feet in height.
(2) Maximum density. The maximum density permitted for a R-PD Residential Planned Development shall be related to the density of surrounding development unless otherwise provided by the approval of Council, upon recommendation of the Planning Commission. In no case shall the maximum gross density of the R-PD Residential Planned Development exceed five and one half dwelling units per acre.
(Ord. 537. Passed 3-23-81.)
(3) Minimum dwelling size. For single family dwellings, there shall be a minimum floor area of 1,400 sq. ft.; for two-family dwellings, there shall be a minimum floor area of 1,100 sq. ft. for each dwelling unit.
(Ord. 1090. Passed 5-12-97.)
(d) Required Common Open Space. For sites comprising from three to five acres there shall be no required common open space. For sites having more than five acres but less than ten acres, there shall be reserved, within the tract to be developed a minimum land area of ten percent (10%) of the tract for use as common open space. This common open space may include such areas as pedestrian walkways, parkland, open areas, drainageways, swimming pools, club houses, tennis courts, and shall be exclusive of off-street parking areas. This common open space shall not consist of isolated or fragmented pieces of land which would serve no useful purpose. This common open space may be held under the ownership and maintained by a legally appointed Homeowner’s Association or may be dedicated to the Municipality. The proper legal documents necessary for the formation of the Homeowner’s Association or such public dedication to the Municipality shall be prepared by the applicant. If dedicated to the Municipality, this common open space shall become a part of the Municipal park and open space system.
(e) Relationship to Subdivision Regulations and Non-Subdivision of Land. Subject to approval of Council, upon recommendation of the Planning Commission, certain yard setback, frontage, area, and thoroughfare requirements specified in the Subdivision Regulations may be waived or relaxed provided that such is in strict accordance with the purpose of the R-PD Residential Planned Development District and does not endanger the public health, public safety or general welfare. Where a R-PD Residential Planned Development District is carried out without the subdivision of the total landholding, all improvements that are to be installed by the applicant must be reviewed and approved by the Planning Commission, and the City Manager.
(f) Development Plan Contents. The applicant should conduct a preliminary review of their ideas for the proposed R-PD Residential Planned Development with the Planning Commission. A Development Plan for the proposed R-PD Residential Planned Development District shall be prepared and submitted to the Municipality for review and consideration.
The Development Plan shall contain specific and general information which is provided to convey fully the plan proposals and related details about the proposed R-PD Residential Planned Development. The specific and general information to be contained in the Development Plan shall include the following:
(1) A base map of the tract showing easements, utility lines, existing land use, general topography and physical features.
(2) A site plan showing boundaries of tract to be developed on planned development basis, including:
A. Highways and streets in vicinity of tract and ingress and egress to the tract.
B. Location of vehicular and pedestrian circulation. Vehicular circulation shall be in accordance with the Official Thoroughfare Plan.
C. General layout, including lot lines, building outlines, vehicular and pedestrian circulation, location of off-street parking, open space and community facilities, if any, and the density of the proposed development.
D. Preliminary building plans, floor plans, elevations, and landscape concepts.
E. A general description of the types or restrictive covenants and legal documents for the dedication of commonly owned facilities improvements that are proposed.
(3) A time schedule of the projected development if construction is to extend beyond a two year time period.
(4) A statement of financial responsibility of the developer/owner.
(5) A statement that proposed Planned Development is in accordance with the general intent of the Subdivision Regulations even though specific requirements may be modified in accordance with the provisions of the Zoning Ordinance.
The Planning Commission shall study the applicant's Development Plan and shall submit a report to Council recommending approval, modification, or disapproval and the reasons therefor. The Planning Commission may explicitly impose special conditions relating to the Planning Development with regard to type and extent of public and private improvements to be installed; landscaping; development, improvement and maintenance of common open space; and other pertinent development issues.
(g) Development Plan Approval Procedures. Upon receipt of the report of the Planning Commission, Council shall study and review the proposed Development Plan and shall hold a public hearing within sixty days. The purpose of this public hearing will be to consider the rezoning of the landholding to the R-PD Residential Planned Development Zoning District. Following the public hearing, Council shall approve or disapprove the application on the basis of its meeting all application requirements, and a finding that the following specific conditions are fully met:
(1) That under the Development Plan the property adjacent to the Planned Development landholding is properly safeguarded;
(2) That the Planning Development is consistent with the intent and purpose of the Zoning Ordinance to promote public health, public safety and general welfare of residents;
(3) That the required minimum common open space, if applicable, has been designated and is to be dedicated to a legally established Homeowner's Association or the Municipality as herein provided;
(4) That each individual unit of development shall not exceed the maximum allowable density for the Planned Development tract as a whole;
(5) That assurance has been given to the Municipality by the applicant that the Planned Development will be developed and completed in accordance with the specified purposes;
(6) That the R-PD District is in conformance with the Official Land Use Plan map and text; and
(7) That the internal streets and main thoroughfares, public or private, that are proposed shall properly interconnect, if applicable, with the surrounding existing Municipal street network.
(h) Council Action.
(1) If from the facts presented, Council is unable to make the necessary findings, the application shall be denied. Approval of the Development Plan shall be limited to the general acceptability of the proposed land uses, density levels and their interrelationship, and shall not be construed to endorse the engineering feasibility of the Planned Development which is to be determined in the subsequent preparation of Detailed Site Plan. Approval of the Development Plan shall constitute the creation of a separate R-PD Residential Planned Development Zoning District. In taking action, Council may deny the Development Plan or may recommend approval of the Plan subject to specified modifications.
(2) Unless within two years the Detailed Site Plan for the R-PD Residential Planned Development landholding has been formally approved by the Planning Commission, in accordance with the conditions for approval specified in subsection (j) hereof, and unless the final Subdivision Plat, if required, shall have been recorded in the Office of the Montgomery County Recorder, the approval of the Development Plan for the R-PD Residential Planned Development shall become null and void, and the land shall revert to its former zoning classification. Council upon the recommendation of the Planning Commission, may approve an extension of the time limit or the minor modification of the Development Plan. Such approval shall be given upon a finding of the purpose and necessity for such extension or minor modification, and evidence of reasonable effort toward the accomplishment of the Development Plan and grant the recommendation of the Planning Commission.
(i) Detailed Site Plan Approval Procedure.
(1) Once the Development Plan has been approved by Council, a Detailed Site Plan for the Planned Development must be reviewed and approved by the Planning Commission prior to the issuance of any Zoning Certificate/Building Permit by the Zoning Enforcement Officer.
(2) The Detailed Site Plan shall be in accordance with the approved Development Plan; shall be prepared for the applicant by a professional engineer, and shall include the following:
A. Survey of the tract to be developed showing existing physical features (drainageways, general topography and tree cover) and public and/or private streets, easements and utility lines.
B. Specific engineering plans, including site grading, street improvements, drainage and utility improvements and extensions as necessary.
C. Site plan showing lot lines, building outlines, off-street parking spaces, pedestrian walkways, vehicular circulation.
D. Landscaping plans including quantity, size and varieties of landscaping.
E. Preliminary building plans, including floor plans and exterior elevations.
F. Copies of any restrictive covenants that are to be recorded.
G. All necessary legal documentation relating to the incorporation of a Homeowner's Association for the purpose of maintaining private streets, community facilities and/or open space or the dedication of common open space to the Municipality.
H. Subdivider or Developer Agreement and Letter of Credit or Performance Bond to ensure construction in accordance with the Detailed Site Plan.
(3) Should the formulation of the Detailed Site Plan necessitate a major change in the approved Development Plan, this shall require reconsideration and approval by Council in accordance with the procedure specified in subsections (c), (e), (f), (g) and (h) hereof. Major changes shall include but not be limited to:
A. Significant change in residential density;
B. Major changes in the outside boundaries of the Planned Development tract;
C. Significant changes in the location or amount of land devoted to specific land uses; lot line and building locations.
D. Major changes in the internal street and thoroughfare (public and private) network.
(4) Approval of the Detailed Site Plan for the R-PD Residential Planned Development District shall be valid for only one year. No Zoning Certificate/Building Permit shall be issued for any structure within the Planned Development until the subdivision final plat, if required, has been recorded with the Montgomery County Recorder.
(5) An extension of the time limit or the modification of the Detailed Site Plan may be approved by Council, upon the recommendation of the Planning Commission. Such approval shall be given upon a finding of the purpose and necessity for such extension or modification, and evidence of reasonable effort toward the accomplishment of the Detailed Site Plan.
(j) Conditions of Approval; Detailed Site Plan. Upon the receipt of the Detailed Site Plan of the Planned Development, the Planning Commission shall study and review the proposed Detailed Site Plan and shall approve or disapprove the application on the basis of all application requirements having been satisfied; and a finding that the following specific conditions are fully met:
(1) That the proposed Detailed Site Plan of the R-PD District is in conformance with the approved Development Plan and the Comprehensive Plan, including the Official Land Use Plan and Official Thoroughfare Plan map and text;
(2) That the internal streets and thoroughfares, public and private, proposed are suitable and adequate to carry the anticipated traffic within and through the development;
(3) That any part of the Planned Development not used for structures, parking and loading areas, or streets, shall be landscaped or otherwise improved; or if the Planning Commission approves, left in its natural state;
(4) That any exception from the standard ordinance requirements is warranted by the design and amenities incorporated in the Detailed Site Plan, in accord with adopted policy of the Planning Commission and Council. (Ord. 537. Passed 3-23-81.)