It is the purpose and intent of this article to promote efficient and well planned land use by clustering residential development to conserve open space.

To accomplish this purpose and intent, this article provides for the establishment of planned residential developments (PRD's) laid out and developed according to plans approved in conformance with regulations set forth in this article.

(Ord. No. 5028-97, § 1)

(a)

Submission of plan. On and after March 22, 2011, the owner of any tract of land or combination of tracts of land qualifying under this article may submit to the director of planning a proposed master plan for a PRD for the following types of developments:

(1)

A PRD containing a combination of detached single-family, attached single-family or multiple-family dwellings located on a tract containing ten (10) or more acres in any single-family residential district.

(2)

A PRD located in any multiple-family dwelling district.

(b)

Review of preliminary studies. Prior to the formal submission of a proposed master plan for the PRD, the developer shall meet with the director of planning or his authorized representative to review the concept of the development. The proposed master plan shall be submitted only after the completion of a concept review by the director of planning.

(c)

Contents of PRD application. An application for a planned residential development shall provide:

(1)

Ten (10) copies and an 8½" × 11" reproducible copy of a master plan showing the proposed use of each lot or tract within the development, housing types provided, the layout of all streets, community facilities, and all recreation areas, topography, and the name, professional title, and address of the land planner, architect, or engineer who prepared the plan.

(2)

Studies to show the basic engineering features and requirements and traffic impact.

(3)

Data to evaluate the total development including, but not limited to, the following:

a.

The amount of land proposed to be used for public or semi-public uses, such as churches, schools, etc.

b.

The amount of land proposed to be set aside for recreational use.

c.

The amount of land proposed to be set aside for streets.

d.

The amount of any submerged land within the project boundary.

e.

The net density of the proposed project. Net density shall be computed by dividing the total number of proposed dwelling units within the development by the net development area. Net development area shall be the sum of the following area lying totally within the proposed development:

1.

All land to be used exclusively for residential purposes including associated off-street parking.

2.

Land to be set aside permanently for recreational uses or open space, provided that such land is not a part of any existing publicly-owned tract.

3.

Not more than fifty (50) percent of the area of any underground utilities easements having a width of at least one hundred (100) feet which is permanently established, equipped and maintained as open recreational space and open for use to all residents within the project area. This credit shall not include easements containing overhead utilities or improved drainage ways.

4.

Any lake area which is to be open for use to all residents within the development and which lies totally within the development, provided that not more than ten (10) percent of the net development area may be comprised of eligible lake area.

5.

Any marsh or wetland provided that:

(i)

The inclusion of such marsh or wetland shall be in the interest of conservation and the area thus protected shall have substantial ecological value in their natural state.

(ii)

The entire marsh or wetlands area lying within a project boundaries shall be protected with appropriate covenants or easements designed to insure perpetual protection from damage to their natural state.

(iii)

Adequate provisions are made to protect such marsh or wetlands from siltation, encroachment or other damages to their natural state during and after construction of the project.

(iv)

Not more than ten (10) percent of the net development area will be comprised of marsh or wetlands.

6.

A non-reimbursable application fee of eight hundred dollars ($800.00) shall accompany the application.

(Ord. No. 5028-97, § 1; Ord. No. 6769-11, § 1)

(a)

General. Except as provided in this article, in a PRD any land or building may be used only for such uses as are permitted by this chapter in the district in which the PRD is located.

(b)

PRD in single-family residential districts. Within any PRD in a R1, R2, R3 or R4 zoning district, attached single-family or multiple-family dwellings are permitted, provided:

(1)

The attached single-family or multiple-family dwellings do not exceed the following percentages of the total number of units permitted within the project:

R1 District ..... 30%

R2 District ..... 30%

R3 District ..... 40%

R4 District ..... 50%

(2)

The total number of permitted dwelling units shall be computed by multiplying the net development area by the maximum density permitted in the underlying zoning district.

(3)

Adequate, usable, and accessible open space is provided within each section of the PRD.

(4)

Attached single-family and multiple-family dwellings are at least fifty (50) feet from any detached single-family dwelling lots within the development and at least one hundred (100) feet from any abutting land which is zoned single-family.

(Ord. No. 5028-97, § 1)

The net density of a PRD in a multiple-family residential district shall not exceed the density permitted by the multiple-family zoning district in which the PRD is located.

(Ord. No. 5028-97, § 1)

Within any PRD approved under this article, the requirements set forth below shall apply in lieu of lot area and dimensional regulations set forth in the district in which the development is located:

(1)

Lot area requirements.

a.

Single-family detached: No minimum lot area.

b.

Single-family attached: No minimum lot area.

c.

Open space: All lot area reductions shall be used as open space in accordance with Article XXVIII.

(2)

Setbacks.

a.

Front yards: The minimum front yard setback for a building or structure may be reduced in a PRD provided that building setback lines are shown on an approved and recorded subdivision plat.

b.

Rear and side yards: The minimum rear and side yard regulations of various zoning districts may be reduced provided:

1.

That the minimum distance between any two (2) main buildings within the PRD shall not be less than twenty (20) feet.

2.

That the minimum distance between any two (2) single-family detached buildings along the side yard shall not be less than twelve (12) feet, and not be less than twenty (20) feet along the rear yard.

c.

Perimeter yards: Where the property lines of a PRD abut land not included in the development, a fifty-foot setback shall be provided to include a twenty-five-foot wide landscaped buffer containing a minimum of two (2) trees for every four hundred (400) square feet.

(3)

Height regulations. The maximum height regulations for buildings and structures located in a PRD shall be the same as the maximum height regulations for the district in which the PRD is located.

(4)

Minimum lot frontage and width.

a.

Single-family detached: No minimum lot frontage or lot width.

b.

Single-family attached: No minimum lot frontage or lot width.

(5)

Off-street parking and loading. The minimum requirements for off-street parking and loading set forth in Article XXX, section 45-3004 for specific uses shall be provided for all uses permitted within a PRD.

The planning commission may waive one (1) or more of the above requirements in the event that there was an approved plan of development or site plan for the development that was approved on or before the effective date of this chapter (August 1, 1997) and provided further that the infrastructure improvements, as shown on the approved plan of development or site plan, have been substantially completed. The planning commission shall condition its approval with a requirement that the developer's declarations of covenants, conditions and deed restrictions be recorded prior to the issuance of building permits. Where applicable, such documents and the contract of sale for each lot, shall disclose that the streets in the development will be private and shall be maintained, and replaced if necessary, by the lot purchaser, their respective heirs, successors and assigns.

(Ord. No. 5028-97, § 1; Ord. No. 5251-99)

(a)

Amount of open space required. Within every PRD approved under this article, there shall be planned and set aside permanently as part of the total development an amount of open space to be reserved and maintained exclusively for recreational purposes. The amount of such open space shall not be less than the aggregate accumulation of lot size reductions below the required minimum lot areas for the entire development, and shall be in addition to the open space requirement of the underlying zoning district(s). Before accepting the open space as meeting the requirements of this provision, the director of planning and the city planning commission, must find the land thus designated to be:

(1)

Sufficient in size, suitably located, adequately accessible and served with adequate facilities necessary to serve the recreational purpose intended and required by the future residents of the development.

(2)

That every PRD contain at least one (1) usable central area to be no less than twenty thousand (20,000) square feet and designed to be available for informal recreation. Informal recreation shall be an open area capable of being used for outside games or activities.

(3)

That evidence is given that satisfactory arrangements will be made for the perpetual maintenance of such designated parcels to relieve the city of the future maintenance.

(b)

Arrangement of open space. All required open space within a planned residential development shall be arranged to be usable for recreational purposes. The open space shall be arranged to provide maximum access and benefit to the residential lots and dwelling units in each section of the PRD. Every separate tract of open space shall have adequate access to streets in the development. Access to open space shall not be less than twenty (20) feet in width.

(Ord. No. 5028-97, § 1; Ord. No. 6769-11, § 1)

(a)

Review by the director of planning. No PRD shall be scheduled for public hearing unless the master plan of development has been referred to the director of planning who shall determine:

(1)

If the design concept of the plan is in conformity with the requirements of this article.

(2)

If the proposed master plan of the development is consistent with applicable elements of the city's comprehensive plan.

(3)

If the development is based on logical and sound principles of residential community planning.

(4)

Compliance with other submittal requirements such as traffic impact studies, and plans, environmental analyses and fiscal impact analyses to adequately evaluate the project.

(b)

Review by other departments. The proposed plan of development shall be reviewed by the directors of the department of engineering, the department of public works, and the waterworks department, who shall report their findings to the director of planning.

(c)

Report by director of planning. The director of planning shall prepare a report to the city planning commission with recommendations for approval, or disapproval, or modification of the proposed PRD. The report shall include the analyses upon which his recommendations are based, and the review comments of the other reviewing departments.

(d)

Recommendation by the city planning commission. The city planning commission shall hold a public hearing on the PRD and shall prepare a report indicating its recommendation as to whether the PRD application should be granted and as to conditions and safeguards, if any, that should be required based upon findings as to conformity with the general standards set forth in this article. Adequate public notice and notification of adjacent property owners shall be achieved in accord with the requirements of Article XXXIV.

Following the public hearing, the planning commission may recommend approval, disapproval, or modification of the request for a PRD and the master plan to city council.

(e)

Action by city council. After receiving the recommendation of the planning commission, and following public notice as provided by law of the Commonwealth of Virginia, the city council shall hold a public hearing on each application for a PRD. Following such hearing, the city council shall grant or deny the application for the PRD with conditions and safeguards as recommended by the planning commission or with other appropriate modification(s) of such conditions and safeguards as the city council may deem necessary.

(f)

PRD agreement required. Upon approval of the PRD and master plan by city council, an agreement shall be executed between the developer and the City of Newport News which shall be binding upon the developer, his successors, assigns or heirs to the effect that the approved master plan shall govern the development of the total PRD. No preliminary development plan, final plat or site plan may be approved except in conformity with the approved master plan for the PRD. Minor adjustments of the plan are permitted in the event conditions arise which in the opinion of the director of planning merit such adjustment. However, all significant changes to the PRD shall be referred back to the city planning commission, and the planning commission shall make recommendations on such changes to city council. Each public body shall hold a public hearing on the significant changes proposed, following public notice as provided by law of the Commonwealth of Virginia. Significant changes shall include increases in density, reductions in open space and changes in land use. If the agreement is not executed by all parties within ninety (90) days of the date of the city council meeting at which the PRD and master plan were voted on, the approval shall be void and any ordinance adopted at said meeting shall also be void.

(g)

Home ownership association documents required. Within any PRD approved under this article, no lot or parcel shall be approved, sold or used within the development unless and until appropriate documents which are in a form approved by the city attorney shall have been executed. Such documents shall clearly:

(1)

Set forth the nature of the permanent organization under which common ownership is to be established, including its purpose, how it shall be governed and administered; the financial provisions made for permanent care and maintenance of the common property, including necessary bonds when required by the city; and the method of assessing individual property owners for their share of the cost of administering and maintaining such common property including infrastructure, private roadways, parking areas, sidewalks, recreational facilities, open space, marsh and wetland areas.

(2)

Set forth the extent of common interest held by the owner of each individual parcel in the tract held in common with others.

(3)

Set forth appropriate maintenance easements for all buildings or structures having zero (0) lot lines.

(Ord. No. 5028-97, § 1; Ord. No. 6769-11, § 1; Ord. No. 7204-15)