(A)

Purpose. The planned residential development single-family regulations of the zoning ordinance are intended to encourage design flexibility, efficient public services and facilities, and open space preservation, and to promote ownership of single-family residences. The minimum P.R.D. area shall be one (1) acre. Planned residential developments are subdivisions and must be approved by the planning commission.

(B)

Permitted uses. Single-family residences will be permitted in a P.R.D. planned residential developments will be permitted subject to planning commission subdivision approval in R-1 single-family/conventional lot and R-2 single-family/small lot districts.

(C)

Site plan review procedures.

(1)

Preliminary development plan. The preliminary development plan shall be submitted to the planning commission and must meet the following provisions:

(a)

Content of preliminary plan. The preliminary development plan shall contain the following information:

1.

The applicant's name, address and interest in the application;

2.

A site plan with a current survey, prepared by a registered engineer, architect or surveyor, showing the land area to be occupied by the P.R.D., its approximate dimensions, easements and rights-of-way, the relations of the P.R.D. to adjoining properties, the general layout of buildings, the arrangement of driveways, parking area and any other prominent land features such as watercourses, etc., walks, screen planting and other landscaping, all existing trees and such additional information as may be needed to describe the proposed building group. Elevation and perspective sketches of the proposed P.R.D. shall be submitted.

(b)

Action on preliminary plan. Upon receipt of a preliminary plan, the planning commission shall examine the plan and within forty-five (45) days of receipt of an application shall approve or disapprove the preliminary plan and may establish conditions and limitations of the approval or disapproval of the plan.

(c)

Effect of approval. Approval of a preliminary plan shall not constitute approval of the P.R.D. but shall be deemed only as an expression of approval of the preliminary plan submitted as a guide to preparation of the general plan. Approval of a preliminary plan shall be void if a final plan has not been submitted within one (1) year of original application.

(2)

General development plan. The general development plan shall be submitted to the planning commission and must meet the following provisions:

(a)

Content of general plan. The general development plan shall contain the following:

1.

The applicant's name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application; the name of the owner or owners of the entire land area to be occupied by the P.R.D.

2.

A site plan with a current survey, prepared by a registered engineer, architect or surveyor, showing the land area to be occupied by the P.R.D., with its boundaries and dimensions; all public and private easements and rights-of-way, both existing and proposed, within or bounding the designated area and the adjoining properties; all existing and proposed public utilities and public facilities serving the P.R.D.; the location of buildings and the use of the land on adjoining properties; proposed contours not to exceed two-foot intervals and necessary finished grades; the location, number of stories and gross floor area of proposed principal buildings and accessory buildings: driveways, off street parking areas and walks; open areas to be set aside for special purposes; all screen planting; the types of paving or other surfacing to be used in the various areas; and such additional information as may be necessary to describe completely the proposed P.R.D.

3.

A statement of planning objectives to be achieved by the P.R.D. through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development.

4.

A development schedule indicating the approximate date when construction of the P.R.D. or stages of the P.R.D. can be expected to begin and be completed. A project schedule must also be submitted giving time schedules for public improvements, landscaping, etc.

5.

Quantitative data for the following: total number and type of dwelling units; parcel size; proposed site coverage of buildings and structures; approximate gross residential density; total amount of open space; and any other studies required by the planning commission.

6.

Elevation or perspective drawing of the proposed structures within the P.R.D. shall be submitted.

7.

Architectural style shall be limited to one (1) period or design motif for attached units and restricted to three (3) or four (4) natural building materials such as wood, brick, stucco, asphalt or wood shingles. The same type brick shall be used throughout any attached unit building group. Color scheme shall harmonize with basic building materials. Architectural features such as turned columns; shutters and relief details shall be the same for each building group. Samples of architectural information shall be submitted for review along with drawing of proposed structures.

(b)

Action on general development plan. Upon receipt of a general development plan the planning department shall examine the plan and make such investigation as is necessary. Within thirty (30) days of the receipt of an application, the planning department shall transmit the application, together with a report and recommendations, to the planning commission. The planning department shall also transmit a copy of the application to any department or agency, which might be affected by the approval of the application, and such department or agency shall transmit its report and recommendations to the planning department. The planning commission may elect to hold a public hearing prior to approving a general development plan.

(c)

Effect of approval. Approval of a general plan is an indication to the applicant that the plan conforms with city requirements for a P.R.D. Approval of a general plan shall be void if a final plan has not been submitted within one (1) year of original application.

(3)

Final development plan. The final development plan shall be reviewed by the planning commission and must meet the following provisions:

(a)

Content of final plan. The final development plan shall contain the following information:

1.

All information provided in the general development plan including all revisions and recommendations of the planning commission concerning documentation and the site plan. This shall include detailed forms for all plans submitted in the general development plan.

2.

All public dedication documents must be submitted with the final development plan.

3.

All documentation concerning perpetual maintenance of common area shall be submitted.

4.

A performance bond or surety for cost or escrow fund for all public improvements must be submitted with the final development plan.

5.

Engineering plans for all proposed public improvements must be submitted prior to final approval.

(b)

Action on final development plan. Upon receipt of a final development plan the planning department shall examine the plan and within thirty (30) days the planning department shall transmit the plan together with a report and recommendations, to the planning commission. If the planning commission does not approve a final development plan, their specific reasons for disapproval should be stated in writing and made part of the public record, as well as presented to the developer. Approval of the final development plan gives the plan final subdivision approval.

(c)

Filing and recording the final development plan. Upon approval of the final plan, a copy of the site plan shall be filed among the records of the planning department and building department, and the original thereof recorded in the office of the probate court of Lauderdale County and shall thereafter be binding upon the applicants, their heirs, successors and assigns, shall limit and control the issuance and validity of permits and certificates, and shall require that no permit be issued without planning department approval, and shall restrict and limit the use and operation of all land and structures within the area designated in such plan to all conditions and limitations specified in such plan and the approval thereof; provided, however, that the planning department may, upon a showing of technical necessity therefore, permit minor changes in the location of structures and site improvements, if such minor changes will not change the character of the development, or otherwise cause the plan to fail to meet the conditions specified herein.

(d)

Amendment to the final development plan. Minor changes in location, site or character of buildings and structures may be authorized by the planning department if required by engineering or other circumstances not foreseen at the time the final development plan is approved. No change authorized by the planning department under this section may increase the size of any building or structure by more than ten (10) feet in any direction; provided, notwithstanding anything in the foregoing, the planning department may not permit changes beyond the minimum and maximum requirements set forth in this section. All other changes in the P.R.D., including changes in the site plan and in the development schedule must be made under the procedures that are applicable to the initial approval of a planned unit.

(D)

Planned residential development design standards. The following design standards are intended to give the planning commission minimum controls relating to health, safety, general welfare, and amenity within a P.R.D.:

(1)

Density. The density requirements for a P.R.D. shall correspond with the density requirements established in the zoning chapter for R-1 single-family/conventional lot and R-2 single-family/small lot districts. P.R.D. property zoned R-1 will require ten thousand (10,000) square feet per unit, while P.R.D. property zoned R-2 require seven thousand two hundred (7,200) square feet per unit.

(2)

Building site coverage. P.R.D. site coverage requirements correspond with zoning chapter requirements. If the P.R.D. is zoned R-1, maximum building site coverage by all buildings shall be thirty-five (35) percent. If the P.R.D. is zoned R-2, maximum building site coverage by all buildings is forty-five (45) percent. In a P.R.D., "site" is defined as the entire tract or parcel of land being developed as a P.R.D.

(3)

Building height limits. P.R.D. building height limits will correspond with zoning chapter requirements. If the P.R.D. is zoned R-1, maximum building height will be thirty-five (35) feet. If the P.R.D is zoned R-2, maximum building height will be forty-five (45) feet.

(4)

Yards required. P.R.D. shall be exempt from the front, side and rear yard setback requirements of the zoning chapter. The following provisions shall apply:

(a)

P.R.D perimeters. Thirty (30) feet along the perimeter shall be developed as landscaping. Landscaping shall be a minimum of one (1) tree and six (6) shrubs per full forty (40) linear feet of the frontage strip; shrubs are optional in areas where a berm at least four (4) feet in height is used. Trees and shrubs shall be well distributed, though not necessarily evenly spaced.

There shall be no permanent structures or structural pads (ie; concrete etc;) constructed within the thirty-foot perimeter strip.

Brick walls may be required when rears or sides of buildings face public right-of-way on adjoining single-family development.

(b)

Adjoining development. Where a P.R.D. borders or is across the street from an existing R-1, R-2 or R-3 development, the P.R.D. front yard setback shall be the same as the front yard setback for said existing R-1, R-2 or R-3 development.

(c)

Visibility at intersection. See Section V(D)(4), Visibility at intersections.

(d)

Building separation. Individual units may be constructed to the property line. Minimum distances between individual structures shall be five (5) feet or to the property line.

(5)

Parcel size. The minimum parcel size for a P.R.D. shall be one (1) acre.

(6)

Open space. Open space serves three (3) functions in a P.R.D.: it provides areas for active and passive recreations adjacent to dwelling units and preserves natural site amenities within a P.R.D.

(a)

Amount of open space required. Open space includes all portions of a site not occupied by structures, streets, driveways and parking spaces. A minimum of twenty (20) percent of the open spaces in a P.R.D. must be developed for active or passive recreation facilities. These facilities shall be highly accessible to all the residents within the P.R.D.

All designated open space shall front on a public right-of-way within the development for a minimum street frontage of ten (10) feet to allow permanent access to all residents within the P.R.D.

(b)

Open space ownership. Three (3) types of ownership of open space will be permitted in a P.R.D.:

1.

Public ownership open space is dedicated in fee to the City of Florence; the open space is then operated and maintained by the city and is open for public use.

2.

Common ownership open space is owned and maintained in common by all the residents in a P.R.D. (i.e. through a homeowner association).

3.

Private ownership open space is generally a small parcel of land located immediately adjacent to an individual dwelling unit, owned and maintained by its residents and reserved exclusively for their use.

(c)

Open space maintenance. Private open spaces are maintained by their owners. Public open spaces, which are dedicated to the city, are maintained by the city. Common open spaces must be maintained by the homeowner association. The developer must file a declaration of covenants and restrictions that will govern the homeowner association. The following provisions must be included:

1.

The homeowners association must be set up before the homes are sold.

2.

Membership might be mandatory for each homebuyer and any successive buyer.

3.

The open spaces restrictions must be permanent, not just for a period of years.

4.

The association must be responsible for liability insurance for, local taxes on, and the maintenance of open spaces.

5.

Homeowners must pay their pro rata share of the cost. The assessment levied by the association can become a lien on the property.

6.

The association must be able to adjust the assessment to meet changed needs.

(d)

Open space infringement. To insure that open spaces cannot be developed or infringed upon a restrictive covenant must be filed by the developer at the time the P.R.D. is given final approval. The covenants run with the land and are enforceable upon all future residents of the P.R.D. The following provisions must be incorporated into restrictive covenants:

1.

Common open space shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvements running with the land for the benefit of residents of the planned residential development.

2.

The developer must file in the office of the city planning commission, at the time the proposed final subdivision plat is filed, legal documents that will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common spaces for the designated purposes.

3.

All lands so conveyed (to the city or the homeowner's association) shall be subject to the right of the grantee or grantees to enforce maintenance and improvements of the common space.

(7)

Environmental design. A general landscaping plan shall be required at the time of general development plan review to be followed by a detailed landscaping plan to be submitted along with the final development plan. The general plan must include spacing, planting schedule, sizes and specific types of landscaping materials. Existing trees shall be preserved wherever possible. The site plan shall be so designed as to minimize disturbance of topographical amenities such as trees, natural watercourses, etc. The developer must show the means whereby trees and other natural features will be protected during construction. Excessive site clearing of topsoil, trees and natural features before the commencement of building operations will not be permitted.

(8)

Traffic circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within a P.R.D. shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. The pedestrian circulation system and its related walkways shall be designed as reasonable as possible to separate pedestrian and vehicular movement.

(9)

Traffic calming. Measures to reduce the adverse impact of motor vehicles may be required by the city engineer and shall be addressed with the preliminary phase of the P.R.D. traffic calming methods may include, but are not limited to, physical devices and streetscaping or other measures to influence vehicle operation in order to create safer and more livable local streets.

(10)

Streets. All streets within a P.R.D. are to be publicly owned and maintained after acceptance by the city. All streets within a P.R.D are to be designed and constructed in accordance with the Code of the City of Florence, Appendix A, Subdivision regulations.

(11)

Parking standards. Parking requirements for a P.R.D. will conform to zoning chapter parking requirements. No more than twelve (12) spaces may be lined together without a landscaping divider. Landscaping dividers must be a minimum twelve (12) feet wide. All portions of parking lots not used for parking or public right-of-way must be grassed or planted.

(a)

For each dwelling unit, there shall be two (2) off-street parking spaces consisting of not less than one hundred (180) square feet each.

(b)

Parking areas shall be arranged so as to prevent through traffic to other parking areas.

(c)

Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms, changes in grade or walls.

(d)

No more than sixty (60) parking spaces shall be accommodated in any single parking area.

(e)

All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences.

(f)

All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding, and other inconveniences.

(E)

Planned residential development enforcement.

(1)

Failure to begin development. If no construction has begun in the P.R.D. within twelve (12) months from the approval of the P.R.D. and recording of documents, said approval of the P.R.D. shall lapse and be of no further effect and no building permits shall be issued. The planning commission, upon showing of good cause by the developer, may extend for a period of twelve (12) months the time for beginning construction. The applicant must begin and substantially complete the development of the P.R.D. within two (2) years from the time of its final approval. If the P.R.D. is to be developed in stages, the applicant must begin and substantially complete the development of each stage within two (2) years of the time provided for the start of construction of each stage in the development schedule. If the applicant does not begin and substantially complete the P.R.D. or any stage of the P.R.D. within the time limits imposed by this section, the planning department shall review the P.R.D. and may recommend to the planning commission that the time for completion of the planned unit be extended, that the approval of the P.R.D. be revoked, or that the planned unit be amended.

(2)

Development stages. If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreation facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved by the planning commission. At no time during construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the approved conditional use permit. Variations from the approved project schedule shall be approved by the planning commission. Failure to conform to the project schedule will result in a stop work order to be issued by the building official.