Purpose and scope. The purpose and intent of this section is to provide minimum standards for townhouse developments to ensure the necessary amenities normally associated with such developments; to provide for design requirements that will promote appropriate and acceptable layout and grouping of such units to create a quality environment to live in; to provide minimum standards for the ownership and maintenance of common areas; to ensure adequate public improvements such as streets, walks, etc., are provided, to prevent detrimental effects on the use and development of adjoining properties; and to promote the health, safety and welfare of the residents of the development and neighborhood. The provisions of this section shall apply to all townhouse developments regardless of zoning district in which located, except that this section shall not apply to properties approved as mixed-use developments within the CC District (MXU-CC).
[Amended 9-11-2017 by Ord. No. 2017-7]
Density. The overall density shall not exceed the maximum density permitted within the zoning district in which the development is located.
Lot size, width and yards. The minimum lot size, lot width and yard areas shall be as required by the zoning district in which the development is located, except when adjacent to collector or higher classification streets as designated on the Town Master Plan, the yard area abutting the street shall be at least 35 feet.
Street frontage. All townhouse lots shall front on a public street constructed to Town standards.
Access drives to off-street parking. All access drives to off-street parking may be private but shall be constructed to minimum Town standards for local access streets. The total length of the private access drive and off-street parking area shall not exceed 300 feet.
Off-street parking areas. Off-street parking shall not be located between the front of the townhouse building and the public street. No parking area shall be more than 100 feet from the townhouse lot it is to serve. Parking area pavement shall be constructed according to the standards for Town streets.
Buffers. Where a townhouse development abuts a single-family residential or commercial or industrial development, a minimum buffer yard of at least 50 feet in width shall be provided.
Maintenance of common land and facilities. Any proposed common areas, property or facilities shall be conveyed to an incorporated nonprofit homeowners' association in accordance with provisions of the Subdivision Regulations.
Other site improvements. The townhouse development shall provide for other necessary on-site improvements, such as lighting, sidewalks, firelanes, signing, landscaping, dumpsters and recreation facilities, as necessary to meet the needs of the development. The Planning Commission must approve the location and extent of all on-site improvements.
Variations. The Planning Commission, upon written application, shall have the power to modify the requirements of Subsections C through G upon finding of practical difficulty or unnecessary hardship and that such modification will not substantially impair the appropriate use or development of adjacent property or be detrimental to the public safety and welfare.
[Added 9-11-2017 by Ord. No. 2017-7]
Pattern book. As part of the site plan phase of the development approval process, the applicant shall provide the Commission with a Pattern Book that will address the site planning, architectural, and signage requirements for the proposed development. Once approved by the Commission, the Pattern Book shall govern development of the MXU-CC. The applicant will follow the Design Guideline provisions adopted by the Town of Mount Airy. The Pattern Book shall be prepared by a licensed professional landscape architect, architect, or engineer. The Pattern Book shall include, at a minimum, the following sections:
Site planning components:
Relationship of uses within the development.
Focal points of the development and how they have been maximized.
Vehicular and pedestrian connectivity within the development and to the Town, to include walking and cycling paths.
Proposed recreational areas within and adjacent to residential areas, including proposed improvements to recreational areas to serve the intended residential population.
Building and parking setbacks.
Proposed service and loading spaces.
Pedestrian-oriented scale and design.
The locations for outdoor displays.
Drive-through service location and layout.
Setback requirements from public streets, other structures within the development, the property boundaries and with respect to property lines that abut less intensive zoning districts, buffers.
Signage plan. All sign regulations under Town Code § 112-11 shall apply unless expressly waived by the Planning Commission or are otherwise expressly waived or made inapplicable by the provisions of this Code that apply to MXU-CC.
Phasing of the development:
The anticipated timeframe when various milestones of the development are anticipated to be developed. Consideration as to balancing the development of various uses to maximize the fiscal benefit to the development and the Town should be given. In addition, consideration as to the availability of planned community amenities should be balanced with the development of retail services.
The relative mix of uses and the development milestones and phasing of permits for each stage of development shall be determined to be reasonable in the discretion of the Planning Commission.
Approval process. A MXU-CC shall follow the two-step approval process of concept plan and final site plan in accordance with Article VIII of this chapter. In addition, the Planning Commission may require a charrette or special work session to facilitate collaboration on the conceptual design and layout.
An applicant shall submit all concept and final plans to the Planning Commission for consideration, in order for the Commission to have sufficient information to determine the practicality and suitability of the proposed development.
The Planning Commission shall hold a public hearing when considering the final plan (including the Pattern Book). The following notice shall be given:
At least 30 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Town.
Property upon which a mixed-use development is proposed shall be posted conspicuously by a notice at least 24 inches by 36 inches in size, for at least 30 consecutive days before the date of the hearing.
Notice of the hearing shall be sent by first-class mail to that person making application to the Commission no less than 30 days prior to the first scheduled hearing.
At least 30 days prior to the first scheduled hearing, notice of the hearing shall be sent by first-class mail to those persons identified by the applicant as persons owning property contiguous to the property which is the subject of the proceeding. Notice shall be sufficient if given to the person shown as the owner on the tax rolls and sent to the address where tax bills are sent.
The Commission may approve or disapprove the concept plan (including the Pattern Book) after a public hearing.
Should the Planning Commission determine that additional assistance to review an application is required, the Town may hire licensed professionals (such as a landscape architect, architect, and/or engineer) to assist in the review of the application. The cost of any outside professionals shall be paid for by the applicant. The Town shall make every effort to minimize all costs associated with any outside professional assistance.
Amendments to concept plans must be approved by the Planning Commission in the following instances:
A change in use is involved;
Increases in the height of building structures by 10 feet or more;
Changes in the orientation or location of buildings or parking areas;
Any decrease in the number of off-street parking spaces required by code or as agreed upon by the Planning Commission;
An increase of nonresidential building floor area by more than 10% or by more than 5,000 square feet; and
An increase in the number of residential dwelling units by more than 10% or more than five units.
Elements of a concept plan not materially affected by a proposed amendment may move forward in the development process while the amendment is processed and considered by the Planning Commission.
Drive-through services. Drive-through services permitted pursuant to § 112-39.1C(1)(c), (f), (h) and (k) shall be subject to the following development standards unless the Planning Commission grants a variation pursuant to § 98-49:
Drive-through lanes and service windows shall be located only in the back or sides of buildings.
Drive-through lanes shall not be located along the street frontage(s) of a building.
A maximum of two lanes shall be permitted.
Drive-through services must be designed so as to not interfere with the circulation of pedestrian or vehicular traffic on the adjoining streets, sidewalks, or drive aisles.
Drive-through speakers shall not be audible from adjacent residential uses or residentially zoned properties.
Drive-through canopies and other structures, where present, shall be constructed from the same material as the primary building and with a similar level of architectural quality and detailing.
Outdoor storage areas. Inventory shall be delineated on the final site plan and shall be screened from view of public and private right(s)-of-way and adjacent property. Landscaping, or screening, will be required along the perimeter of the outdoor storage area in a manner acceptable to the Planning Commission. Only those outdoor storage areas approved on the approved final site plan or concept plan shall be permitted.
Seasonal displays. Seasonal sidewalk displays shall be conducted in a manner which does not unreasonably interfere with vehicular or pedestrian traffic or with any other business establishment or residences.