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Gibraltar City Zoning Code

ARTICLE XIV

PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICTS

Sec. 44-478.- Intent.

The intent of a planned residential development (PRD) district is to permit the use of flexible land use and design regulations which encourage innovative site design, allow for the mixture of residential dwelling types and encourage the preservation of the community's natural features and open spaces.

(Code 1977, § 28-265; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-479. - Objectives.

To carry out the intent of the district, a planned residential development shall:

(1)

Provide common open space and recreation areas which satisfy the needs of the neighborhood.

(2)

Retain the site's natural characteristics through preservation of significant vegetation, stands of trees, natural drainageways, open fields and other natural features.

(3)

Encourage harmonious design and site planning of a quality that will produce a more desirable living environment than possible under standard zoning requirements.

(4)

Reflect the community-wide goals and objectives set forth in the city's master plan.

(5)

Ensure that city services and facilities, including streets and intersections, utilities, drainage systems and other public facilities are not overburdened by construction of the planned residential development.

(6)

Reduce the danger to public health, safety and welfare by protecting primary drainage patterns, natural floodways and wetlands, reducing soil erosion, and minimizing the negative influences upon the open and underground-water resources of the community.

(Code 1977, § 28-266; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-480. - Permitted uses.

In the planned residential development district, no land or buildings shall be erected or used except for the following specified purposes:

(1)

All principal and accessory uses as permitted within the R-1, R-2 and R-3 zoning districts provided, however, that when both a municipal water and a municipal sewerage system are available, each one-family dwelling, together with its accessory buildings hereafter erected, shall require a lot area of not less than 7,200 square feet, and said lot shall have a width of not less than 60 feet at the front or rear building lines.

(2)

Golf courses, subject to the following conditions:

a.

The site shall be so planned as to provide all ingress and egress directly onto a major thoroughfare, as designated on the city's master plan.

b.

The site plan shall be laid out to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways and parking areas, which will encourage pedestrian and vehicular safety.

c.

Development features, including the principal and accessory buildings and structures, shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property.

d.

The minimum number of off-street parking spaces to be provided shall be six spaces per fairway plus one space per employee.

(Code 1977, § 28-267; Ord. No. 107, § 2, 4-16-1980; Ord. No. 265, § 5, 10-11-1999)

Sec. 44-481. - Density provisions.

The maximum density allowed within a planned residential development district shall be five dwelling units per acre.

(Code 1977, § 28-268; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-482. - Change of district.

(a)

All properties shall be rezoned to a PRD district following the chapter amendment procedures as set forth in article XXXII of this chapter, specifying the submission and review process to be followed, as well as the public hearing requirements.

(b)

All rezoning requests submitted for review shall contain the following information:

(1)

A legal description of the site;

(2)

A generalized sketch plan of the site which includes the number and type of dwellings as well as approximate locations;

(3)

A description, written and/or graphic, which outlines the relationship of the planned development to adjoining uses, both existing and proposed.

(c)

Following favorable action on the rezoning request by city council, the applicant may submit an application for preliminary site plan approval. A request for preliminary site plan approval may be submitted jointly with a rezoning request.

(Code 1977, § 28-269; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-483. - Preliminary application for site plan approval.

(a)

The intent of a preliminary application for site plan approval is to provide the applicant an opportunity to present conceptual site design plans for review and approval prior to the preparation and submission of detailed engineering drawings.

(b)

Preliminary application shall be made by the owner of any tract where the planned residential development is contemplated. The application shall be accompanied by a fee to be determined by resolution of the city council. All applications shall include the following information:

(1)

A site plan submission according to article XXXII of this chapter;

(2)

A legal description of the acreage comprising the proposed planned residential development;

(3)

A written explanation of the exceptions requested to the applicable district requirements, if any are proposed;

(4)

A general indication of the schedule of construction;

(5)

Other pertinent information necessary to enable the planning commission to make a determination concerning the desirability of applying the provisions of this article.

(Code 1977, § 28-270; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-484. - Public hearing.

A public hearing shall be held by the planning commission on the proposed site plan for the planned residential development. Notice of the hearing shall be published not less than five days, nor more than 15 days, prior to the hearing in a newspaper of general circulation within the city and shall be sent by mail or personal delivery to all persons to whom real property is assessed with 300 feet of the boundary of the property in question. One occupant of each structure within 300 feet of the site shall be notified, and where multiple dwellings exist, notice may be posted by the manager or owner at the primary entrance to the structure.

(Code 1977, § 28-271; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-485. - Commission approval of preliminary site plan.

The planning commission may, after consideration of the objectives outlined in this article, recommend approval or disapproval of the proposed planned residential development site plan to the city council, with conditions when appropriate. The planning commission shall communicate, in writing, its recommendation to the applicant and to the city council with the reasons therefor.

(Code 1977, § 28-272; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-486. - City council approval of preliminary site plan.

Upon recommendation of the planning commission, the city council shall review and take action on the preliminary application. If the application is approved by the city council, the applicant and the planning commission will be so notified. If the application is denied, the council shall communicate its reasons in writing to the planning commission and the applicant. Following preliminary approval by the council, a final site plan must be reviewed and approved.

(Code 1977, § 28-273; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-487. - Final application for site plan approval.

(a)

The intent of a final application for site plan approval is to provide the commission and council an opportunity to ensure that all conditions of preliminary approval have been met and to review the detailed site engineering drawings which must be submitted by the applicant.

(b)

A final application for site plan approval shall be submitted to the planning commission and city council after preliminary approval is granted. Approval of this final application shall be granted only after all conditions of the preliminary approval have been satisfied.

(c)

Final approvals may be granted on each phase of a multi-phased planned residential development if each phase contains the necessary components to ensure protection of natural resources and the health, safety and welfare of the residents.

(d)

Final site plan submission requirements shall conform to article XXVII of this chapter.

(Code 1977, § 28-274; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-488. - Design standards.

The following minimum design standards shall apply to all planned residential developments:

(1)

Height, bulk, parking, lot area and yards. The height and bulk of buildings, parking, loading, lot area, and yard requirements shall be the same as those established in the R-1 district for single-family development, R-2 district for two-family development, and the R-3 district for multiple-family development. The commission may, however, vary these standard requirements using the following as a guide:

a.

All dwelling units with reduced lot and yard sizes shall abut or be in proximity to common open space or natural features held in common ownership.

b.

All land area resulting from lot reduction shall be applied as common open space. This open space shall be in addition to the common open space requirement set forth in this article.

c.

The variation of standards will not impede the normal and orderly development of surrounding property or diminish property values within the neighborhood.

d.

The design and layout is consistent with the protection of the public health, safety and welfare.

(2)

Multifamily development. A maximum of 30 percent of the gross land area within a PRD shall be used for multiple-family development.

(3)

Minimum parcel size. The minimum parcel size for development of a PRD shall be ten acres.

(4)

Common open space. Common open space shall be provided within all PRD's according to the following:

a.

The developer shall be responsible for the provision and maintenance of common open spaces.

b.

All developments with common open space must include an acceptable method, subject to commission approval, which ensures adequate maintenance and management of open spaces.

Alternative methods of assuring management and maintenance include a surety bond, certified check, cash deposit, irrevocable bank letter of credit, deed restrictions or some other performance guarantee. The petitioner must satisfy the commission that the selected method is adequate prior to receiving final site plan approval.

c.

A minimum of ten percent of the gross site area shall be retained as common open space.

d.

Recreation space shall be provided as part of all multiple-family developments at a rate of 200 square feet per dwelling unit.

e.

Common open space may include but is not limited to the following: Floodways, wetlands, drainageways, lake areas, woods, open fields, golf courses, school sites and other physical site features.

(5)

Lot coverage. A maximum of 30 percent of the land area set aside for multiple-family development shall be covered by structures.

(6)

Environmental design.

a.

Unique natural features of a site shall be preserved to the extent possible, and disturbance to the site's natural environment minimized. Special consideration shall be given to the retention of the city's natural drainageways and flood hazard areas.

b.

The location of natural features must be considered when planning common open space, location of buildings, underground services, walkways, paved areas and finished grade levels. The petitioner shall include the means whereby natural features will be protected during construction.

(7)

Vehicular circulation facilities.

a.

In determining the number of driveway entrances, widths of pavements and driveways, and the width and length of acceleration, deceleration and passing lanes, the petitioner shall meet all applicable city and county ordinances.

b.

All rights-of-way and street improvements shall follow the requirements set forth in the subdivision control ordinance or those established by the commission when applicable requirements are lacking.

(8)

Pedestrian circulation facilities. Pedestrian walkways shall be constructed in a location and to specifications established by the commission. Such walkways shall provide for pedestrian circulation throughout the development.

(9)

Sanitary sewage disposal and water supply systems. Approval of all water supply and sanitary sewage disposal systems shall be subject to compliance with requirements of the city council and the city engineer.

(10)

Storm drainage. The method proposed for accepting storm drainage shall be approved by the city council and the city engineer, and if involving county drains the proposed drainage shall be acceptable to the county drain commissioner.

(Code 1977, § 28-275; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-489. - Plat review.

Approval of a preliminary and final site plan applications based upon the requirements set forth in this article does not eliminate the need to seek preliminary and final plat approval according to the requirements set forth in the subdivision control ordinance. Preliminary and final plat review as set forth in the subdivision control ordinance of the city may, however, be conducted concurrently with the application reviews provided for in this article.

(Code 1977, § 28-275.1; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-490. - Amendment of plan.

Minor changes may be authorized by the zoning administrator if required by engineering or other circumstances not foreseen at the time that the final site plan was approved. All other changes in the approved final site plan must be made by the planning commission and council under the procedures authorized by this article for the approval of the final site plan.

(Code 1977, § 28-275.2; Ord. No. 107, § 2, 4-16-1980)

Sec. 44-491. - Termination; extension.

If a preliminary application for approval of a planned residential development is approved by the city council, the applicant shall be granted a period of two years following said approval to submit a final application. Failure to submit a final application shall be deemed an abandonment of the planned residential development. At the written request of the applicant, the commission may grant a one-year extension if extenuating circumstances are deemed to exist.

(Code 1977, § 28-275.3; Ord. No. 107, § 2, 4-16-1980)