Glocester City Zoning Code
ARTICLE IV
Planned Districts
§ 350-14 Findings.
It has become readily apparent that residential development dominates the economic base and land use pattern of the Town of Glocester. It has become equally apparent that the scattered residential pattern resulting from houses placed far apart not only has accentuated the great burden and expense of providing adequate community facilities and services, but has destroyed the concept of an integrated community.
§ 350-15 Purpose.
A.
The purposes of this article are to:
(1)
Encourage and provide a means for effectuating desirable residential, industrial and commercial development, and conservation in the Town of Glocester, which will feature variations in siting mixed land uses and/or varied dwelling types;
(2)
Preserve open space for community facilities and aesthetic considerations; and
(3)
Provide more efficient and economical services and facilities to the residents of the area.
B.
The amenities and compatibility of planned districts, hereinafter "P-Districts," are to be insured through adoption and periodic updating of a Comprehensive Community Plan reflecting the physical development goals of the community.
§ 350-16 Objectives.
The objectives of planned districts are to:
A.
Provide a more desirable living environment than would be possible through the strict application of chapter requirements.
B.
Encourage developers to use more creative approaches in the development of land.
C.
Encourage a more efficient, aesthetic and desirable use of open areas.
D.
Encourage variety in the physical development pattern of the Town.
E.
Maximize individual freedom of choice regarding the personal living environment.
§ 350-17 Standards and requirements for P-Districts.
The following provisions shall apply in a P-District, which district shall also be subject to other provisions of this chapter, except that where conflict in regulations occurs, the regulations specified in this article shall apply.
A.
P-Districts may be established on parcels of land which are suitable for, and of sufficient size to be planned and developed in a manner consistent with the purpose of this article and the objectives of this chapter. No P-District shall include less than 25 acres of contiguous land unless the Planning Board and the Town Council find that property of less acreage is suitable as a P-District by virtue of its unique historical character, topography, or land features.
B.
No P-District shall be established or plans reviewed by the Planning Board unless and until there is on file with the Town written consent of every property owner within such district at the time of the establishment of the district agreeing that the applicant shall be bound by the conditions and regulations proposed and which will be effective within the district.
C.
Standards for area, coverage, density, yard requirements, parking and screening for P-District uses shall be governed by the standards of the residential, commercial and industrial zoning district most similar in nature and function to the proposed P-District use(s), as determined by the Planning Board. Standards for public improvements shall be governed by applicable ordinances of the Town. Exceptions to these standards by the Planning Board and Town Council are possible when these bodies find that such exceptions encourage a desirable living environment and are warranted in terms of total proposed development or unit thereof.
D.
The gross population density and building intensity of any area proposed for development under the planned unit approach may be increased and therefore do not have to conform to the basic overall density and building intensity requirements of the zoning district. In addition, lot dimensions, building setbacks and area do not have to meet the specific ordinance requirements, provided that a more functional and desirable use of the property is made.
E.
Lot size and layout.
(1)
Residential lot sizes related to single-family detached units may be reduced as follows (provided that public water and sewers are available):
(2)
Drawings must be submitted that show that the relationship of interior and exterior living or working area is desirable and adequate and that the living and working environment is just as desirable as the strict requirements of this chapter. Building intensities may be increased if, in the opinion of the Planning Board and the Town Council, the character and configuration of the land will accommodate the increased density and that such development will not violate the intent or character of the proposed P-District.
F.
For each six square feet of land gained within a residential subdivision, through the reduction of lot size below minimum chapter requirements, or other means, one square foot of land shall be dedicated to the Town, either by rights in fee or through a conservation easement, and retained as open space for park, recreational and related uses. All lands dedicated in fee or easement must meet the Town's requirements.
G.
All water supply sources and sewage treatment systems must be consistent with Rhode Island Department of Environmental Management regulations. All such regulations are hereby considered as part of this chapter together with any new regulations that the Rhode Island Department of Environmental Management may add from time to time.
H.
Ownership and maintenance of water and sewer facilities must be arranged to the satisfaction of the Town of Glocester prior to final approval of a P-District.
I.
Townhouses.
(1)
In areas where townhouses are uses, there shall be no more than five townhouse units in any contiguous group. A townhouse is defined as a single-family dwelling with no side yards between adjacent townhouses.
(2)
A variety of building setbacks, color and building materials for contiguous townhouse units is encouraged. An average rear yard depth shall be a minimum of 25 feet where the lot does not abut a park or open space easement. A minimum side yard between the two end units, or contiguous townhouse groups, shall be a minimum of 80 feet plus five feet for each additional story over one story for the end units.
J.
All areas proposed for dedication to the Town under the planned districts approach must be acceptable as to shape, size and location, as required by the Glocester Planning Board.
K.
In all areas proposed as homeowner parks or similar approaches, if using the advantages of the planned districts approach, the developer must convey to the Town the development rights (i.e., conservation, recreational and open space easement) and must meet the requirements of the Planning Board as to shape, size and location.
L.
Rights-of-way for riding, hiking or other types of trails and scenic ways may be dedicated in fee to the Town through a space exchange by reduction in lot sizes on a six-to-one basis, provided that the requirements as to area and location meet the requirements of the Planning Board. Rights-of-way for watercourses and other similar channels are not acceptable for space exchange under planned unit development. However, the portion of the right-of-way that is usable as a trail or similar way may be acceptable but must be approved by the Glocester Planning Board.
M.
A possible clustering of dwellings may be accomplished through reduction of lot area and the provision of usable and desirable open space easements dedicated to the Town; size and location of such easements to be subject to approval by the Planning Board.
N.
Public utility and other similar easements cannot be used for a space exchange under the planned district approach.
O.
Any subdivision which includes the proposal to dedicate to the Town land for park and open space use, under the planned district approach, must include, by dedication or by other reasonable means, the total park area, at the time of filing of the final map on all, or any portion, of the tract or tracts.
P.
The Town will do the basic working drawings and landscape architectural design for all areas dedicated to the Town for public purpose and provide the basic landscape requirements if the developer will do the grading and reasonable contouring work to an approved plan; the necessary grading plan of the park to be provided by the Town upon a minimum of 30 days' notice by the developer at the tentative map stage.
Q.
Planned district development is not limited to the creation of park area. Application could be made to permit variety in the location of dwelling units within the subdivision.
R.
A diversification of lot sizes may be permitted within a zoning district without the dedication or creation of park areas, provided the overall density of the zoning district is not increased.
S.
Note: The developer is encouraged to obtain a trained and experienced land planner, registered architect, and/or landscape architect to prepare plans for all planned district developments, to enable the most expedient processing of such developers. The use, by developers, of qualified professionals to do plans for planned district developments enables the Planning Board to reduce the time it must spend on said development.
§ 350-18 Procedure and applications.
A.
Preliminary development plan review and approval.
(1)
The applicant shall submit a preliminary development plan to the Planning Board for review and approval in principle under the applicable provisions of Chapter 300, Subdivision of Land, and the Planning Board shall so approve prior to the submission of a P-District rezoning application (application for amendment of this chapter). The tentative written consent of all property owners within the proposed P-District shall be on file with the Town before Planning Board review of a preliminary development plan shall be commenced.
(2)
Approval in principle of the preliminary development plan shall be limited to conformance to subdivision regulations and to the general acceptability of the land uses proposed and their interrelationship, and shall not be construed to endorse the precise location of uses, configuration of parcels, or engineering feasibility. Any preliminary development plan and text shall be prepared and endorsed by a qualified land planning specialist (planner architect, landscape architect or engineer) and shall include the following information presented in a general, schematic fashion:
(a)
Proposed land uses, population densities and building intensities;
(b)
Proposed circulation pattern, indicating all public streets;
(c)
Proposed parks, playgrounds, school sites, and open spaces;
(d)
A land use marketability study (LUM) of proposed commercial uses, if the property is not zoned for commercial purposes at the time of submittal of the preliminary development of the plan;
(e)
Delineation of the units to be constructed in progression, if any;
(f)
Relation to future land uses in surrounding area and comprehensive plan; and
(g)
Any additional information that the Glocester Planning Board may require.
B.
General development plan and schedule approval. In addition to submission of the application for amendment of this chapter, to the Town Council, the applicant shall submit the following documents and supporting evidence to the Planning Board. (Such documents shall be prepared and endorsed by a qualified professional team, which shall include a licensed architect, licensed land surveyor, registered civil engineer, and a qualified landscape architect.)
(1)
A sepia map with 10 prints of a survey of the property showing existing features of the property, including specimen trees, structures, streets, easements, utility lines, and land use. In addition, the following shall be shown:
(2)
A sepia map with 10 prints of a general development plan, which shall be in conformance with the approved preliminary showing, as appropriate, all the information required on the preliminary development plan; the approximate location and proposed density of dwelling units; nonresidential building intensity; and land use considered suitable for adjacent properties.
(3)
A schedule for the development of units to be constructed in progression and description of the design principles for buildings and streetscapes; tabulations of total number of acres in the proposed project and the percent thereof designated for various uses; the number of dwelling units proposed by type of dwelling for each unit of a P-District; estimated number of nonresidential population; proposed retail sales area and economic justification; anticipated timing for each unit; and standards for height, open space, building intensity, population density, and public improvements proposed for each unit of development whenever the applicant proposed an exception from standard zoning district or other ordinance regulations governing development.
(4)
Evidence that the applicant has sufficient control over the land to effectuate the proposed plan.
(5)
Engineering feasibility studies as necessary.
(6)
Any additional information that the Glocester Planning Board may require.
C.
Planned district development approval. Planned district development approval, under applicable provisions of Chapter 300, Subdivision of Land, by the Planning Board, valid for one year, shall be secured for each unit of a P-District as delineated on the general development plan. Planned district development plans shall be prepared by a qualified professional team, which shall include a licensed architect, registered civil engineer and a qualified landscape architect; and shall be concerned with, but not necessarily limited to, the following:
(1)
Site plan showing buildings, various functional use areas, circulation, and their relationships;
(2)
Preliminary building plans, including floor plans and exterior elevations;
(3)
Landscaping plans;
(4)
Engineering plans, including site grading, street improvements, drainage, and public utility extensions, as necessary;
(5)
Proposed use and occupancy, type of construction, building height and area of each building or structure, and proposed distances between buildings and structures, and distances to property lines. Minor changes to an approved planned unit development pertaining to siting may be approved by the Planning Board, provided the change is in accord with the intent expressed in the general development plan.
(6)
Any additional information that the Glocester Planning Board may require.
§ 350-19 Findings required.
The Planning Board, after public hearing, may recommend the establishment of a P-District, and the Town Council, after public hearing, may by ordinance establish a P-District, provided that the facts submitted with the application and presented at the hearings establish that:
A.
The proposed P-District, or given unit thereof, can be substantially completed within four years of the establishment of the P-District.
B.
Each individual unit of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;
C.
The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-District;
D.
Any proposed commercial development can be justified economically at the location proposed to provide for adequate commercial facilities of the types proposed;
E.
Any exception from standard chapter requirements is warranted by the design and amenities incorporated in the general development plan;
F.
The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
G.
The P-District is in conformance with the general plan of the Town of Glocester; and
H.
Existing or proposed utility services are adequate for the population densities proposed.
§ 350-20 Planning Board and Town Council action.
A.
If from the facts presented the Planning Board or the Town Council is unable to make the necessary findings, the application shall be denied. In no instance shall a Planning Board decision be binding on any action by the Town Council relative to granting a zone change for a P-District.
B.
In taking action, the Planning Board may deny the general development plan and general development schedule as submitted, or may recommend approval of said plan and schedule subject to specified amendments.
C.
Major changes in a general development plan shall be considered the same as a change in the Zoning Map and shall be made in accordance with the provisions of this chapter.
D.
At the time of adopting any ordinance establishing a P-District, the Town Council shall make appropriate arrangements with the applicant, which will insure the accomplishment at the scheduled times of the public improvements and grants of easement shown on the approved general development plan.
E.
If no development has occurred to effectuate a P-District development within two years after the district is created, the Planning Board shall review the action and determine whether or not the continuation of a given P-District is in the public interest.
§ 350-21 Utilities.
Underground utilities, including telephone and electrical systems, are required within the limits of all P-Districts. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the Planning Board finds that such exception will not violate the intent or character of the proposed P-District.
§ 350-22 P-Districts created.
Pursuant to this article and R.I.G.L. §§ 45-24-1 and 45-24-4, the Town Council of the Town of Glocester hereby establishes P-Districts as follows:
A.
The Town of Glocester's Zoning Ordinance and Zoning Map are hereby amended and a P-District established with respect to certain property shown on Assessor's Plat Map No. 18, Lot 10, and shown on that certain final approved general development plan of Glocester Pines, Inc.,[1] which has been filed with the Town of Glocester, said parcel comprising approximately 87.2 acres.
(1)
Standards for area, placement and location of structures and land features, coverage, density, use, development, improvements, and all other manner of land uses shall be governed by and limited to those standards which have been set forth and detailed on the final approved general development plan filed by the owner of the P-District with the Town of Glocester.
(2)
In addition to these deviations from standard zoning and subdivision requirements which are depicted on the final approved general development plan, the Town of Glocester hereby grants to the applicant the following additional exceptions to the P-District standards. All other zoning, subdivision[2] and Town ordinance requirements shall be applicable to the P-District.
(3)
Development, use, location and placement of structures and improvements, and all aspects of dimensional and area regulation within this P-District, shall be subject to and governed by the enforcement provisions of Chapter 350. Any deviation from the final approved general development plan shall be subject to all the penalties provided for in Chapter 350 and the Zoning Enabling Legislation. Any exception or variance to the plans as presently constituted will require prior Town Council approval by means of an appropriate amendment to this article.
(4)
The applicant will take appropriate measures and use best efforts to reduce the flow of silt, if and when there is any flow of silt.
(5)
The Town Council will retain custody of the final approved general development plan until such time as the Town's Highway Commissioner certifies to the Town Council that the roads within the P-District have been properly constructed, such that sale of parcels within the P-District should be allowed to proceed. At this time, if the Town Council is satisfied that lots within the P-District are ready for sale, it shall so certify on the final approved general development plan and release said plan to the owner for recording with the Town. Until said plan is recorded in the manner specified above, no lots shall be sold by the owner, except for Lot #1. During the pre-recordation period when the Town Council has custody of said plan, it shall be filed at the Town Hall and open to inspection by the public.
(6)
This article supersedes and takes precedence over all other Town ordinances which conflict herewith. To the extent other Town ordinances do not conflict with the terms of this article, they are fully applicable.
(7)
This section shall take effect upon its passage.
(8)
No licenses, permits, or approvals shall issue with respect to this P-District unless the activity in question is in conformance with the final approved general development plan. Any such license, permit, or approval which does issue with respect to activity which is not in conformance with said plan shall be null and void and shall not prevent or in any way prejudice the Town from enforcing this article under the zoning laws.
[1]
Editor's Note: The Glocester Pines, Inc., general development plan, adopted 9-10-1981, has been amended as follows: 5-21-1987; 1-20-1994; 3-19-1998; 10-15-1998; 8-5-2010, effective 9-8-2010.