[Added 6-12-2006 by Ord. No. 2006-02]
A.
Planned unit development districts are intended to
provide for variety and flexibility in design necessary to implement
the varied goals of the Town. Through a planned unit development district
approach, the provisions of this article are intended to accomplish
the purposes of zoning and other applicable regulations to the same
extent as regulations of conventional districts.
B.
It is intended that planned unit development districts
be established along major corridors and in growth areas. Applicants'
planned unit development master plans should demonstrate a unified
development with an interconnected system of internal roads, sidewalks,
and paths, as well as management of access points along existing roads
in order to maximize safety and the efficiency of existing roads.
Pavement widths of internal and external roads shall minimize paving
requirements while accommodating projected traffic generated from
the district. Planned unit developments allow for a higher density
of development for a more efficient use of the designated growth areas
and for more effective preservation of the open areas of the Town.
Other benefits of a planned unit development include less infrastructure
costs, more efficient provision of public safety services, less environmental
impact and, through the provision of affordable housing, the achievement
of significant economic and social integration.
A.
"Planned unit development" means a development generally
in a designated growth area that utilizes a master plan to identify
mixed uses with development standards specific to the proposed use.
The goal of a planned unit development district is to encourage a
development form and character that is different from conventional
suburban development by providing the following characteristics:
(1)
Pedestrian orientation;
(2)
Neighborhood-friendly streets and paths;
(3)
Interconnected streets and transportation networks;
(4)
Parks and open space as amenities;
(5)
Neighborhood centers;
(6)
Buildings and spaces of appropriate scale;
(7)
Relegated parking;
(8)
Mixture of uses and use types;
(9)
Mixture of housing types and affordability;
(10)
Environmentally sensitive design; and
(11)
Clear boundaries with any surrounding rural
areas.
B.
An application is not necessarily required to possess every characteristic of the planned unit development district as delineated in Subsection A in order to be approved. The size of the proposed district, its integration with surrounding districts, or other similar factors may prevent the application from possessing every characteristic.
In a planned unit development district, all
uses permitted by right in the residential and commercial districts
may be permitted. Additional uses specifically enumerated in the applicant's
final master plan may be permitted by right at the discretion of the
Town Council. Specific uses may also be excluded.
One or more uses permitted by conditional use
permit in any zoning districts may be permitted in the planned unit
development district, if documented in the applicant's master plan,
and upon issuance of a conditional use permit by the Town Council.
Uses allowed by right in other districts may require a conditional
use permit if specifically enumerated in the applicant's final master
plan.
A variety of housing types and nonresidential
uses is strongly encouraged. The mixture of uses may be obtained with
different uses in different buildings or a mixture of uses within
the same building.
A.
Minimum area required for the establishment of a planned
unit development district shall be 10 acres.
B.
Additional area may be added to an established planned
unit development district if it adjoins and forms a logical addition
to the approved development. The procedure for the addition of land
to the planned unit development district shall be the same as if an
original application was filed, and all requirements shall apply except
the minimum lot area requirement as set forth above.
Open space promotes attractive and unique developments
that are also environmentally conscious. For the purposes of this
section, the term "open space" shall not include roads and sidewalks.
Planned unit developments shall include the following:
A.
Not less than 30% of total acreage shall be open space,
whether dedicated to public use or retained privately.
B.
If 50% or more of the total acreage is open space,
then a thirty-percent increase in density shall be permitted. If 75%
or more of the total acreage is open space, then a fifty-percent increase
in density shall be permitted.
C.
A minimum usable area of 5,000 square feet every 10
acres shall be provided for active or passive recreational activities.
D.
Open space shall be dedicated in a logical relationship
to the site and in accordance with any guidance from the Town's Comprehensive
Plan regarding significant open space.
E.
Improvements shall be configured to accommodate permitted,
accessory and conditional uses in an orderly relationship with one
another, with the greatest amount of open area and with the least
disturbance to natural features.
A.
The gross and net residential densities shall be shown on the applicant's approved final master plan by area and for the development as a whole in dwelling units per acre and shall be binding upon its approval. The overall gross density so approved shall be determined by the Town Council with reference to the Town's Comprehensive Plan but shall not exceed 15 dwelling units per acre, unless the density is increased with the provisions of § 425-42B.
B.
Nonresidential density should be expressed in terms
of total square footage by area and for the development as a whole.
There is no maximum square footage for nonresidential uses, but the
proposed uses should be in proportion to the overall intent and functionality
of the planned district concept.
A.
Within the planned unit development district, minimum
setback ranges shall be specifically established during the review
and approval of the concept plan. Specific setbacks may be approved
administratively in the site plan process if they are in conformance
with the established ranges or a rezoning will be required. The following
guidelines shall be used in establishing the building spacing and
setbacks:
(1)
Areas between buildings used as service yards, storage
of trash, or for other utility purposes should be designed so as to
be compatible with adjoining buildings;
(2)
Building spacing and design shall incorporate privacy
for outdoor activity areas (patios, decks, etc.) associated with individual
dwelling units whenever feasible; and
(3)
Yards located at the perimeter of the planned unit
development district shall conform to the setback requirements of
the adjoining district or to the setback requirements of the planned
district, whichever is greater.
B.
In no case shall setbacks interfere with public safety
issues such as sight lines and utilities, including other public infrastructure
such as sidewalks, open space, etc.
B.
Conditional use permits are required for structures
exceeding the maximums listed in this section.
C.
These limitations shall not apply to church spires,
belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles,
television antennas and radio aerials.
D.
All accessory buildings shall generally be less than
the main building in height.
Within the planned unit development district,
the applicant shall establish parking regulations for consideration
by the Town Council. The proposed regulations should be based on a
parking needs study or equivalent data. Such regulations shall reflect
the intent of the Town's Comprehensive Plan to decrease impervious
cover by reducing parking requirements, considering alternative transportation
modes and using pervious surfaces for spillover parking areas. Shared
parking areas, especially with nonresidential uses, are encouraged.
All new utility lines, electric, telephone,
cable television lines, etc., shall be placed underground.
Where sections of this chapter or the Subdivision
Ordinance[1] are deemed to be in conflict with the goals of the applicant's
final master plan, the rezoning application shall be considered a
waiver or modification to these sections if specified in the applicant's
final master plan. Otherwise, the applicant must provide a clear explanation
as to why certain regulations are in conflict with the applicant's
final master plan, demonstrate that the public's health, safety and
welfare will not be compromised, and request the specific waivers
or modifications to be considered by the Town Council after a public
hearing.
A.
The applicant shall file an application for rezoning
with the Town Manager, Town of Mineral. The application shall consist
of three primary sections: a narrative, an existing conditions map
and a master plan.
(1)
Narrative.
(a)
A general statement of objectives to be achieved
by the planned district, including a description of the character
of the proposed development and the market for which the development
is oriented.
(b)
A list of all adjacent property owners.
(c)
Site development standards, including but not
limited to density, setbacks, maximum heights, and lot coverage.
(d)
Utilities requirement and implementation plan.
(e)
Phased implementation plan.
(f)
Comprehensive sign plan.
(g)
Statements pertaining to any architectural and
community design guidelines shall be submitted in sufficient detail
to provide information on building designs, orientations, styles,
lighting plans, etc.
(3)
Master plan. The preliminary master plan shall be
of sufficient clarity and scale to accurately identify the location,
nature, and character of the proposed planned unit development district.
At a minimum, the preliminary master plan shall include the following:
(a)
Proposed layout of the planned unit development
district, including the general location of uses, types of uses, and
density range of uses;
(b)
Methods of access from existing state-maintained
roads to proposed areas of development;
(c)
General road alignments;
(d)
General alignments of sidewalks and bicycle
and pedestrian facilities;
(e)
A general water layout plan indicating the intended
size and location of primary lines and the general location of fire
hydrants (e.g., one ever two blocks, etc.);
(f)
A general sanitary sewer layout indicating the
size and location of primary lines and the location of pump stations;
and
(g)
A general plan showing the location and acreage
of the active and passive recreation spaces, parks and other public
open areas.
B.
Additionally, an environmental impact study by a disinterested
party and a traffic study by the Virginia Department of Transportation
are required to be submitted as part of the application package.
C.
The Town Attorney shall review any property owner's
or other association's charter and regulations prior to final site
plan approval.
D.
The Planning Commission shall review the applicant's
preliminary master plan for the proposed planned unit development
district, consider it at a scheduled public hearing, and forward its
recommendation along with the preliminary master plan to the Town
Council for consideration. The Town Council shall hold a public hearing
thereon, pursuant to public notice as required by Virginia Code § 15.2-2204,
after which the Town Council may make appropriate changes or corrections
in the ordinance or proposed amendment. However, no land may be zoned
to a more intensive use classification than was contained in the public
notice without an additional public hearing after notice required
by Virginia Code § 15.2-2204. Such ordinances shall be enacted
in the same manner as other zoning ordinances. The plan approved by
the Town Council shall constitute the final master plan for the planned
unit development district.
E.
Once the Town Council has approved the final master
plan, all accepted conditions and elements of the plan shall constitute
proffers, enforceable by the Zoning Administrator.
F.
The plan shall be in substantial conformance with
the approved final master plan. The Zoning Administrator shall approve
or disapprove a final site development plan within 60 days from the
receipt of such plan. Such final site development plan may include
one or more sections of the overall planned unit development district
and shall meet all applicable federal, state, county and Town regulations
and shall contain specific details of information required generally
in the preliminary plan.
