County of York, VA
 
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[Ord. No. 07-7, 5-15-2007]
The purpose of the planned development districts established by this chapter is to encourage a more efficient use of land and public services by allowing a more flexible means of development than is otherwise possible under typical lot-by-lot or cluster zoning restrictions. Further, this district provides opportunities for development which reduces land consumption, reduces the amount of land devoted to streets and other impervious surfaces, provides increased amounts of open space and recreational amenities, and encourages creativity and innovation in design, all of which could serve to enhance the quality of life and to reduce the tax burden on the citizens of the County. The planned development districts provide flexibility both in design and use parameters. Two types of Planned Development Districts are available: the PDR — Planned Development — Residential district and the PDMU — Planned Development — Mixed Use district.
[Ord. No. 03-25, 6-17-2003; Ord. No. 05-13(R), 5-17-2005; Ord. No. 07-7, 5-15-2007]
(a) 
Statement of intent. The PD - Residential district is established to encourage innovative and creative design and to facilitate use of the most advantageous construction techniques in the development of land for a variety of compatible land uses. Specifically, the district is intended to:
(1) 
Ensure ample provision and efficient use of open space;
(2) 
Promote high standards in the layout, design and construction of development;
(3) 
Promote development of superior projects or communities; and
(4) 
Achieve a mixture of uses and types of uses when appropriate.
In addition, in accordance with the objective of the board to promote and encourage a more moderately-priced single-family detached housing product within the County, the planned development - residential district is intended to provide opportunities, through application of the affordable housing incentive provisions set forth herein, for the consideration of project proposals having a less extensive open space, recreation space, and amenities package, but which offer cost-containment measures which may not be otherwise available.
(b) 
Application of district designation. A PDR district may be located within any of the areas of the County designated for residential uses by the comprehensive plan subject to establishment in accordance with the procedures set forth in this section. In addition, PDR applications proposing senior housing, exclusively, may be considered in areas designated for commercial uses by the comprehensive plan.
(c) 
Permitted land uses. The land uses within any planned development shall be substantially in accordance with the land use designation in the comprehensive plan. Subject to specific authorization by the board, the following land uses shall be permitted:
(1) 
Dwellings: single-family detached, attached, or multi-family including mixtures thereof.
(2) 
Senior Housing, as defined in this chapter (i.e., Independent Living, Congregate Care, Assisted Living, or Continuing Care Retirement Communities) and in accordance with the performance standards established in § 24.1-411 unless specifically modified by the board at the time of approval of the proposed development.
(3) 
Public and semi-public uses such as churches, schools, offices, libraries, fire stations, parks, playgrounds, golf courses, swimming pools, tennis courts, recreational marinas, community centers, and similar types of uses.
(4) 
Commercial and retail uses which are designed, located and scaled in proportion to the overall size of the planned development and located so as to be internally-oriented. Unless otherwise authorized by the board of supervisors at the time of PDR approval, commercial uses shall be limited to those allowed either as a matter of right or by special use permit in the NB and LB zoning districts. Any use indicated in the NB or LB district as requiring a Special Use Permit shall require the same in a PDR district unless the use is specifically authorized in the initial PDR approval.
(5) 
Uses and structures which are customarily accessory and clearly incidental and subordinate to any of the uses permitted above.
(d) 
General dimensional, density and design requirements.
(1) 
All development within the PDR district shall be served by public water and public sewer systems.
(2) 
The minimum area of any tract, or combination of contiguous tracts, of land proposed for development as a PDR shall be five acres. Additional adjoining acreage may be added to an approved PDR provided that all procedures applicable to the creation of such a district are observed.
(3) 
The maximum development density for a PDR development shall be generally consistent with the density envisioned by the adopted comprehensive plan for the area in which located. The board may, however, approve density increases as a part of the PDR approval and, in the case of Senior Housing developments, may consider density allowances of up to 20 units per acre.
(4) 
The following dimensional standards shall be observed unless specifically modified by the board (either upwards or downwards) at the time of district approval:
a. 
Minimum lot area: none
b. 
Minimum lot width:
1. 
Single-family detached: 45 feet.
2. 
Single-family attached: 20 feet.
3. 
Non-residential: 70 feet.
c. 
Minimum yard requirements:
1. 
The minimum distance between any two principal buildings or structures shall be 20 feet, except in senior housing developments where it shall be 30 feet;
2. 
The minimum distance between any principal building and an accessory building, or between any two accessory buildings, shall be 10 feet.
3. 
The minimum distance between any principal or accessory building and any public or private street right-of-way or common area boundary line shall be 30 feet.
4. 
The minimum setback from any external property line shall be 20 feet.
d. 
Maximum building height:
1. 
Residential structures shall not exceed 40 feet.
2. 
Non-residential structures shall not exceed 50 feet.
(5) 
The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to the existing or prospective development of the neighborhood.
(e) 
Open space and recreation area requirements.
(1) 
Unless specifically excepted in accordance with the criteria established in § 24.1-361, a minimum of 25% of the total gross area of any PDR development shall be reserved as open space designed and improved or maintained for use by those who live or work within the development or other persons or groups as the property owners association may allow. Golf courses may be counted as open space for the purpose of meeting this requirement up to a maximum of 30% of the required residential area open space.
(2) 
Unless specifically excepted in accordance with the criteria established in § 24.1-361(g), an area equal to a minimum of 10% of the total gross area of the residential portions of any PDR development shall be reserved and developed specifically as a recreation area, or areas, set aside for the common use of the residents of the planned development. The required recreation space shall be considered part of the 25% open space reservation required in Subsection (e)(1), above.
(3) 
Unless otherwise excepted by the board, recreation areas shall be provided in accordance with the following standards and such others as the board deems appropriate:
a. 
The recreation area reserved shall be in one centrally located contiguous parcel and be suitable to accommodate a combination of active and passive recreational activities appropriate for the residents of the development. However, depending upon the size and scope of the development, recreation areas may be set aside in two or more parcels in order to improve the accessibility of such recreation areas from all housing units in the development.
b. 
The recreation area shall be easily and safely accessible by pedestrians and bicyclists from all areas of the development to be served, shall have good ingress and egress, including separate pedestrian and bicycle accommodations, and shall have adequate frontage on a platted road; however, no platted road shall traverse the recreation area.
c. 
The recreation area reserved shall be located so that essential utilities including water, public sewage, and power will be easily accessible to serve planned and potential future recreational facility development.
d. 
The recreation area shall be free of fuel, power, or other transmission lines and rights-of-way.
e. 
At a minimum and unless the market orientation (as evidenced by restrictive covenants or other document deemed sufficient by the board) clearly dictates otherwise, the following "core recreation facilities" shall be constructed:
1. 
Swimming pool: to be configured to permit both recreational and competitive (25 or 50 meters in length, minimum depth of 1.25 meters in lanes) swimming with associated restroom facilities, deck area, and adjacent fenced-in grassy open space usable for sunbathing, volleyball, etc. The minimum size of the required swimming pool shall be related to the number of dwelling units in the development proposal as set forth in the table below:
Dwelling Units
Water Surface Area
Fenced-In Grassy Open Space
Parking Spaces
200-399
3,500 ft2
17,500 ft2
30
400-599
4,000 ft2
22,500 ft2
35
600-799
4,500 ft2
27,500 ft2
40
800-999
5,000 ft2
32,500 ft2
45
1,000+
5,000 ft2 plus 5 ft2/dwelling unit in excess of 999.
32,500 ft2 plus 30 ft2/dwelling unit in excess of 999.
45 plus 1 space/15 dwelling units in excess of 999.
2. 
Tennis courts: two, all-weather hard surface, fenced and color coated.
3. 
Playground and picnic facility: combined facility.
4. 
Multi-purpose activity field: open grassy area, minimum one acre, generally rectangular in shape, graded on a true plane at 1% to 2%.
5. 
Pedestrian and bicycle facilities which provide safe and convenient circulation to the recreation area from throughout the community and including appropriate bicycle parking accommodations.
f. 
Other recreational facilities offering the same or greater recreational and fitness value may be proposed in lieu of the above.
g. 
In approving a PD, the board may require that additional facilities be provided for the residents of the community.
(4) 
With approval of the board, the minimum amount of land required for recreation area may be reduced in order to compensate for reservation of waterfront property which has added recreational value, provided, however, that the recreational value of the waterfront property must, in the opinion of the board, be at least equal to the recreational value of non-waterfront land (meeting all of the above standards) which could have otherwise been set aside for a recreation area. In this regard, recreation acreage reduction is not to be granted based on the size or value of the water body, but on the recreational value of the waterfront property itself. No more than a 25% reduction may be granted for waterfront property.
(5) 
Common open space (including the recreation area) as required above shall be protected by appropriate restrictions or other methods, developed in accordance with the provisions established in Article IV, Division 17 of this chapter, and designed to ensure perpetuation and maintenance.
(f) 
Special design requirements.
(1) 
To the extent that streets are private rather than public, the developer shall submit assurances satisfactory to the board that a properly constituted property owners association will be responsible for the perpetuation and maintenance of such streets. Such assurances shall be developed in accordance with the provisions of Article IV, Division 17 of this chapter.
(2) 
Private streets shall be designed and constructed in accordance with the criteria prescribed by the Virginia Department of Transportation for the particular functional classification of the street, or, in the event the developer proposes an alternate design, to such other specifications as are approved for use by the board in consideration of the anticipated function and character of such street.
(3) 
The entire development shall be served by safe and convenient pedestrian and bicycle facilities which form a logical circulation system and have connections to planned, or anticipated facilities outside the development.
(4) 
The board may impose such other conditions as it deems necessary on any development proposed under the terms of this section in recognition of any unique circumstances surrounding the particular proposal or the area in which it is proposed, and in order to ensure the protection of the health, safety and general welfare of the public and the preservation of property values.
(g) 
Affordable housing incentive provisions. In recognition of the objectives established in the comprehensive plan with respect to promotion and encouragement of a more moderately-priced single-family housing product, the following standards and criteria, to be known as the "Affordable Housing Incentive Provisions," are hereby established:
(1) 
Where a developer proposes the construction of a planned development project, all or a portion of which will consist primarily of detached dwelling units approved by the board in recognition of their potential for price moderation (i.e., below market average prices) such project may be submitted for consideration by the commission and the board in accordance with the following minimum design criteria, notwithstanding any provisions to the contrary set forth elsewhere in the PDR regulations:
a. 
Where the individual residential lots within a planned development are proposed to be at least 7,500 square feet in area, the 25% common open space and recreation space ratio otherwise required herein may be reduced or eliminated upon recommendation of the commission and subject to approval by the board. Where individual lots are proposed to consist of less than 7,500 square feet in area, common open space and recreation space shall be provided within the development at a minimum ratio of 400 square feet per lot.
b. 
Where required common open space is reduced or eliminated by virtue of all the lots being at least 7,500 square feet in area, as permitted above, there shall be no requirement for reservation and development of specifically designated recreation space.
c. 
Where common open space is required to be provided, a minimum of 200 square feet per lot shall be contained in a designated recreation space designed generally in accordance with the terms of § 24.1-361(e)(3), however, the specific requirements for core facilities shall be waived.
(2) 
In accordance with the affordability objective of these provisions, the maximum floor area of single-family detached dwelling units proposed for construction shall not exceed 1,200 square feet of living space unless, however, the board specifically approves a greater maximum floor area in recognition of evidence of equivalent price-containment features or characteristics. This maximum living space floor area standard shall not be deemed to preclude future owner-initiated improvements or additions provided that such additions are constructed in accordance with all applicable minimum yard and setback requirements. For the purposes of this section, garages shall not be considered as finished living space.
(3) 
The maximum ratio of living space floor area to lot area for housing units proposed under these affordable housing provisions shall be 16% unless a greater ratio is specifically authorized by the board of supervisors.
(4) 
The developer's intent to limit the project to more affordable, as determined by the board, single-family detached dwelling units, or such other dwelling units as may be approved by the board, shall be evidenced by submission of proposed restrictive covenants to that effect at the time of application for approval of a project in accordance with the affordable housing incentive provisions. Such covenants shall be approved by the board after having been reviewed and approved by the County attorney with respect to form. Such covenants shall be recorded at the time of final plat recordation.
(5) 
All developments constructed under these provisions shall be served by public streets and utilities.
(6) 
The entire development shall be served by safe and convenient pedestrian and bicycle facilities forming a logical circulation system and shall be designed to accommodate public transit buses and other public transportation conveyances as may be deemed appropriate by the board.
(h) 
Standards for nonresidential uses within the PDR district.
(1) 
In reviewing the nonresidential portions of a PDR, the board shall determine that those sections have been designed to promote harmonious relationships with surrounding, adjacent, and nearby properties, especially those external to the PDS. To this end, special consideration should be given to landscaping and buffering which promotes a park-like character.
(2) 
Nonresidential portions of a PDR which are located adjacent to property external to the development shall have a Transitional Buffer established along the external property line based on the uses to be established thereon. This shall be based on the least intensive zoning district in which the subject use is permitted as a matter of right. At a minimum, a landscaped infiltration yard shall be established along the external property line. The infiltration yard shall be no less than 20 feet in width if adjacent to a street right-of-way or 10 feet in width elsewhere.
(3) 
In general, the design standards of the LB district shall be utilized for non-residential portions of a PDR where the underlying land use designation in the comprehensive plan is residential or conservation. The board shall evaluate the appropriateness of those design standards at the time of approval of a PDR and may modify or supplement them as deemed appropriate.
(4) 
To promote a park-like character within the nonresidential portions of the development, particular care should be taken to organize the landscaping plan to maximize the visual effects of green spaces. Appropriate means shall be used to screen surrounding residential areas from undesirable views into the commercial portions of the development park and, conversely, to screen development within the PDR from any undesirable external exposures. In particular, all service and loading areas shall be screened from view from public streets and, insofar as reasonably possible, parking areas for more than 10 automobiles shall be similarly screened from view by landscaping, decorative fencing, walls, berms, or relation to buildings.
(5) 
The circulation system and building orientation shall be designed to emphasize and facilitate the pedestrian, bicycle, and transit modes of transportation.
(6) 
The board may impose such other conditions as it deems necessary under the terms of the section in recognition of the unique circumstances surrounding the particular proposal or the area in which it is proposed, and in order to ensure the protection of the health, safety, and general welfare of the public and the preservation of property values.
[Ord. No. 07-7, 5-15-2007]
(a) 
Statement of intent - the purpose of the PDMU district is to provide opportunities for developments containing an integrated, comprehensively planned and designed mix of business, retail, cultural, residential and other appropriate uses. Mixed-use development proposals should address the following objectives:
(1) 
Provide more efficient use of land through the accommodation of increased densities and intensities of use within a concentrated area;
(2) 
Create a walkable, pedestrian-friendly environment that increases community vitality;
(3) 
Reduce vehicular trips and reliance on the automobile by providing a mix of shopping, office, cultural, recreational and residential opportunities within walking distance of one another;
(4) 
Include an internal "main street" (or streets) along which commercial opportunities are oriented to a streetside sidewalk rather than a parking field, thus preventing the automobile from dominating the project while enhancing the pedestrian experience;
(5) 
Create an appropriately balanced mix of residential and non-residential uses that respects the underlying policies land use designations of the Comprehensive Plan;
(6) 
Provide alternative housing choices and opportunities.
(7) 
Create a "landmark" place through the application of superior design elements and a common or complementary design theme;
(b) 
Application of district designation. A PDMU district may be located within any of the areas of the County identified for mixed-use development by the comprehensive plan, subject to establishment in accordance with the procedures set forth in this section. Such areas are identified generally by designations on the comprehensive plan maps and their boundaries are not absolute or property line specific.
(c) 
Permitted land uses. Subject to specific authorization by the board, the following land uses shall be permitted within a PDMU district development:
(1) 
Commercial uses shall be limited to those allowed either as a matter of right or by special use permit in the NB, LB and GB zoning districts, with the exception of those uses listed below, which shall be prohibited. Any use indicated in the NB, LB or GB district as requiring a Special Use Permit shall require the same in a PDMU district unless the use is specifically authorized in the initial PDMU approval. The following uses shall be prohibited in a PDMU:
a. 
Plant Nursery/Greenhouse.
b. 
Correctional facility.
c. 
Firing range/indoor.
d. 
Golf driving range.
e. 
Campgrounds.
f. 
Lumberyard/building materials.
g. 
Auto parts/accessories.
h. 
Second hand/used merchandise w/outside display or storage.
i. 
Storage shed/utility building sales/display.
j. 
Fortune teller/pawn shop/tattoo parlor.
k. 
Small engine repair.
l. 
Tools, household equipment, lawn and garden equipment rental.
m. 
Car wash.
n. 
Auto repair garage.
o. 
Auto/truck sales, service, rental.
p. 
Heavy truck sales, service, rental.
q. 
Farm equipment sales, service, rental.
r. 
Manufactured home sales, service, rental.
s. 
Boat sales, service, rental.
t. 
Heliport.
u. 
RV storage facility.
v. 
Wholesale auction establishment.
w. 
Warehousing.
x. 
Wholesale trade establishment.
y. 
Mini-storage warehouses.
z. 
Contractor's shops.
aa. 
Machine shops/fabricators.
bb. 
Window and auto glass sales/installation.
cc. 
Recycling center.
(2) 
Dwellings: single-family detached, attached, or multi-family including mixtures thereof. Unless specifically excepted by the board of supervisors based on a superior design proposal, not more than 25% of the total number of dwelling units shall be single-family detached. Unless specifically excepted by the board of supervisors based on a superior design proposal, at least 40% of the dwelling units shall be located in buildings that have ground-floor, pedestrian-oriented commercial, office or civic space. In order to ensure diversity in the demographic characteristics of the mixed-use project, not more than 20% of the dwelling units may be restricted as senior housing.
(3) 
Uses and structures which are customarily accessory and clearly incidental and subordinate to any of the permitted principal uses.
(d) 
General dimensional, density and design requirements.
(1) 
All development within the PDMU district shall be served by public water and public sewer systems.
(2) 
The minimum area of any tract, or combination of contiguous tracts, of land proposed for development as a PDMU project shall be as follows:
Minor PDMU - 10 acres.
Major PDMU - 50 acres;
Additional adjoining acreage may be added to an approved PDMU development provided that all procedures applicable to the creation of such a district are observed.
(3) 
The intensity and density of development within a PDMU project shall be consistent with the following standards, unless specifically modified by the board of supervisors at the time of district approval:
a. 
Minor PDMU. Minimum amount of commercial/office/civic/institutional (i.e. non-residential) floor area: Shall be determined on a case-by-case basis in consideration of the character of the property and its surroundings, the suitability and potential of the property for intensive commercial use if not developed as a mixed-use project, and such other factors as the board of supervisors deems appropriate. As a guideline, project proposals should be developed with the objective of providing at least 1,000 square feet of non-residential floor area per acre of developable land.
Maximum number of dwelling units: Shall be determined on a case by case basis in consideration of the character of the property and its surroundings, the anticipated fiscal and service impact of the project, and such other factors as the board of supervisors deems appropriate. As a guideline, project proposals should be developed with a residential density target not to exceed 10 dwelling units per acre of developable land.
Construction within the Minor PDMU development shall be sequenced in accordance with a project build-out schedule conceived by the project developer, submitted for review as a part of the initial application, and approved by the board of supervisors. The purpose of such development schedule shall be to provide assurance to the board of supervisors that the project will, in fact, include both the proposed non-residential and residential elements at certain project milestones and/or at build-out.
b. 
Major PDMU. Minimum amount of commercial/office/civic/institutional (i.e. non-residential) floor area: Shall be determined on a case-by-case basis in consideration of the character of the property and its surroundings, the suitability and potential of the property for intensive commercial use if not developed as a mixed-use project, and such other factors as the board of supervisors deems appropriate. As a guideline, project proposals should be developed with the objective of providing at least 800 square feet of non-residential floor area per acre of developable land.
Maximum number of dwelling units: Shall be determined on a case by case basis in consideration of the character of the property and its surroundings, the anticipated fiscal and service impact of the project, and such other factors as the board of supervisors deems appropriate. As a guideline, project proposals should be developed with a residential density target not to exceed one dwelling unit for every 400 square feet of non-residential floor area.
Construction within the Major PDMU development shall be sequenced in accordance with a project build-out schedule conceived by the project developer, submitted for review as a part of the initial application, and approved by the board of supervisors. The purpose of such development schedule shall be to provide assurance to the board of supervisors that the project will, in fact, include both the proposed non-residential and residential elements at certain project milestones and/or at build-out. As a guideline, project proposals that adhere to the following sequencing requirements will be considered consistent with the objectives of the board of supervisors:
1. 
Up to 20% of the residential units may be constructed prior to commencing any commercial construction; and
2. 
Construction of the next 40% of the residential units shall be sequenced in conjunction with construction of at least 40% of the commercial space; and
3. 
Prior to issuance of Building Permits for construction of the final 20% of the residential units at least 80% of the commercial space shall have been completed to the stage that it is ready for individual tenant fit-out and customization.
(4) 
The following dimensional standards shall be observed unless specifically modified by the board (either upwards or downwards) at the time of district approval:
a. 
Minimum lot area: none.
b. 
Minimum lot width: none.
c. 
Minimum yard requirements:
1. 
The minimum setback from any external property line shall be 20 feet.
2. 
The minimum setback from any external street (i.e., a street that preexisted the development and that is not incorporated as part of the development) shall be 50 feet.
d. 
Setback requirements:
1. 
Non-residential structures and all residential structures except single family detached dwellings and single family attached units with garages shall be constructed with a maximum front setback of 10 feet from any internal street right-of-way line or from the inside edge of a public sidewalk along a street, whichever is less. Any area between the building facade and the inside edge of a public sidewalk shall be improved with an enlarged pedestrian area, street furniture, landscaping or similar treatments to enhance the appearance of the streetscape.
2. 
Single-family detached structures and single family attached structures with garages shall be constructed with a maximum front setback of 20 feet from any internal street right-of-way line. Such area, except for paved driveways, shall be landscaped and shall not be used for vehicular parking.
e. 
Maximum building height:
1. 
Single-family detached and attached residential structures shall not exceed 40 feet in height.
2. 
Multi-family residential structures, or structures housing both residential and non-residential uses, shall not exceed four stories in height.
3. 
Non-residential structures shall not exceed 60 feet in height or the maximum height permitted by the pre-existing zoning classification, whichever is greater.
(e) 
Design and layout.
(1) 
The mixed-use development should be designed with a town center, village square, village green or other public space or central design element that provides a focal point around which the project is designed and oriented.
(2) 
Streets within the mixed-use development should be designed and oriented to create or complement the "town center" arrangement. Orientation of streets to promote views of or to lead one to or by natural features, public open spaces, significant buildings, etc., is also encouraged.
(3) 
Ground floor street/sidewalk frontage in the "town center/village square" area of a mixed-use development shall be predominantly retail. Mixtures of retail, office, civic, institutional and residential may occur on the ground floor along building faces that do not front on the "town center/village square."
(4) 
Parking lots within the "town center/village square" area shall be located at the rear of buildings. Parallel or angled parking arrangements are acceptable along "town center/village square" streets provided that pedestrian accommodations, both parallel and crossing, are maintained.
(5) 
Non-residential building entrances should face the street, but may be located off passageways through or between buildings on the block provided the passageway entrance is clearly accessible and visible from the street.
(6) 
Walls, fences and landscaping shall be employed to improve the visual environment and to define street, pedestrian and public spaces edges. Such features shall also be used to conceal undesirable views into parking and service areas.
(f) 
Architectural considerations.
(1) 
Buildings shall be designed to include appropriate architectural features and elements that minimize size and mass and that create a scale and character to complement the pedestrian orientation of the mixed-use development. Appropriate techniques include wall plane and roofline articulation, bays, balconies, porches, canopies, arcades, etc. The maximum total "bland wall" (i.e., without windows or entrances) may not exceed 30% of the total street-level facade.
(2) 
Buildings should be designed and oriented to have their narrow facade facing the street.
(3) 
Building materials and finishes shall be selected with an objective of achieving quality and durability. A proposed design guidelines manual and palette of building materials shall be presented with the application for PDMU approval and, subject to approval by the board of supervisors, shall serve as the architectural performance standards for the proposed development. Although no single architectural style or theme is mandated by the PDMU district, it is expected that the developer's architectural performance standards will be sufficient to establish a distinct and quality character and image for the project.
(4) 
Buildings should have a varied character of traditionally shaped roofs. Gabled or hipped roofs are preferred. Flat roofs are acceptable if enhanced by parapets, cornices or other treatments.
(5) 
Building designs and finishes shall incorporate 360-degree architecture to ensure that a quality appearance is presented on all building faces visible to the public or to adjoining property owners.
(6) 
Pedestrian areas shall incorporate a variety of paving treatments such as colored or stamped concrete, stone or brick pavers, etc., to identify and visually enhance sidewalks, intersections and pedestrian crossings.
(7) 
Signs shall be permitted in accordance with the provisions applicable to LB-Limited Business zoning districts provided, however, that the application for PD approval shall include a comprehensive sign design standards/pattern guide. Such submission shall be subject to review and approval by the board in conjunction with action on the overall development concept.
(g) 
Open space and recreation area requirements.
(1) 
A minimum of 10% of the total gross area of any PDMU development shall be reserved as open space designed and improved or maintained for use by those who live or work within the development or such other persons or groups as the property owners association may allow. Such space shall be arranged in one or more centrally-located green space areas, a central "town square" or similar areas that serve as both visual and activity focal points for the development.
(2) 
One or more recreation areas or facilities shall be incorporated into the development for the common use of the residents. Depending on the type and market orientation of the residential units within the development, such recreational areas or facilities may include active or passive, indoor or outdoor activities./facilities. The development concept plan and community impact study shall depict the proposed recreational facilities and document their appropriateness and adequacy, respectively.
(3) 
Common open space (including the recreation area) as required above shall be protected by appropriate restrictions or other methods, developed in accordance with the provisions established in Article IV, Division 17 of this chapter, and designed to ensure perpetuation and maintenance.
(h) 
Special design requirements.
(1) 
To the extent that streets are private rather than public, the developer shall submit assurances satisfactory to the board that a properly constituted property owners association will be responsible for the perpetuation and maintenance of such streets. Such assurances shall be developed in accordance with the provisions of Article IV, Division 17 of this chapter.
(2) 
Private streets shall be designed and constructed in accordance with the criteria prescribed by the Virginia Department of Transportation for the particular functional classification of the street, or, in the event the developer proposes an alternate design, to such other specifications as are approved for use by the board in consideration of the anticipated function and character of such street.
(3) 
The uses within the mixed-use development shall be served by on-street and off-street parking facilities that are sufficient to accommodate the project cumulative demand of the development as demonstrated by a parking analysis which shall be prepared and submitted as part of the PDMU application package. Such parking plan shall incorporate a series of common parking lots interspersed throughout the development. The calculation of parking demand shall be based on the following ratios, provided however, that lesser ratios may be approved by the board based upon documentation provided by a qualified parking demand consultant indicating that fewer parking spaces will be adequate due to the particular characteristics of the development:
Type
Number of Spaces
Retail shops — minimum:
4 spaces per 1,000 square feet of gross floor area
Retail shops — maximum:
5 spaces per 1,000 square feet of gross floor area
Restaurant — minimum:
10 spaces per 1,000 square feet of gross floor area
Restaurant — maximum:
12 spaces per 1,000
Office uses — minimum:
3 spaces per 1,000
Office uses — maximum:
4 spaces per 1,000
(4) 
The board may impose such other conditions as it deems necessary on any development proposed under the terms of this section in recognition of any unique circumstances surrounding the particular proposal or the area in which it is proposed, and in order to ensure the protection of the health, safety and general welfare of the public and the preservation of property values.
[Ord. No. 07-7, 5-15-2007; Ord. No. 17-12, 9-19-2017]
Planned development districts may be established only through an amendment of the zoning map in accordance with the procedures for amendment prescribed in Article I and as follows:
(a) 
Conceptual Discussion Phase (Optional) - The prospective developer of a mixed-use project may request that the project concept be scheduled for discussion by the planning commission and board of supervisors with the objective of obtaining guidance as to the feasibility and acceptability of the project. For the purposes of this preliminary discussion, the developer need not prepare all of the material required for a Phase I submission but should be aware that the planning commission and board of supervisors will be unable to provide meaningful guidance without benefit of a considerable amount of conceptual information about the project. The developer must also understand that proceeding through this process will consume approximately 90 days and that any comments or guidance with respect to the project and/or any alternative development parameters will be informal and non-binding as to the board's ultimate action in the event the developer decides to proceed with a Phase I submission and formal application.
(b) 
Phase I - Overall development master plan and petition for reclassification of property. The purpose of the overall development master plan is to allow consideration and establishment of the general arrangement of land uses within a proposed planned development as well as the maximum allowable development density and other design parameters and to allow evaluation of the probable impacts, both on-site and off-site, of the proposed development.
(1) 
A community impact assessment shall be submitted along with the overall development master plan which shall analyze in specific terms the probable impact of the project on the community over time. The assessment shall include, but not be limited to, reports on: the projected fiscal/economic impact of the proposed development (and including a projection of the potential fiscal impact of a by-right development on the subject property); population projections; school enrollment and capacity analyses; parks and recreation activities and needs; fire, rescue and law enforcement services impacts; water, sewer, and stormwater management demands; traffic engineering analysis of projected traffic generation and the impacts on existing and proposed road systems; and, environmental impacts. The zoning administrator may waive certain elements of the community impact assessment where the nature of the proposed development makes such elements inapplicable.
(2) 
Twenty paper copies (plus legible 11 inches by 17 inches reductions of each sheet) of an overall development master plan prepared in accordance with good planning practice, shall be submitted. In addition to an overall site layout plan, the Master Plan submission shall include conceptual information on streets, circulation and parking, open space and recreation amenities, utilities, particularly any stormwater management ponds, landscaping and pedestrian circulation, and, renderings of all major buildings or building types. Prior to formal preparation of an overall development master plan, the owner or developer is encouraged to meet with the zoning administrator to discuss the project proposal and to become familiar with the policies of the board and the procedures and requirements established herein. Depending upon the nature and scope of the development proposal, such meeting should also include representatives from other appropriate review agencies and departments such as, but not limited to, the Virginia Department of Transportation, planning division, economic development office, department of public works, department of fire and life safety, and the department of community services.
(3) 
In addition to the overall development master plan, the applicant shall submit a petition for amendment of the zoning map in accordance with the requirements and procedures for amendment as established in Article I.
(4) 
Upon a determination by the zoning administrator that the content of the overall development master plan is sufficient for a decision to be rendered by the commission and board, the plan shall be transmitted to the commission and concurrently submitted for review and comment to appropriate County, state and federal agencies and departments. To the extent possible, reviewing agencies' comments will be transmitted to the commission within 60 days at which time the commission will first consider the application.
(5) 
The commission shall review the submission in accordance with the public notice and hearing requirements prescribed in Article I. The commission, in its recommendation to the board, shall specifically address the following:
a. 
The relationship of the proposed development to the comprehensive plan and other established development policy guidelines;
b. 
The relationship of the proposed development to the community in which it is proposed to be established;
c. 
The manner in which the plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and provide for the amenities of light and air, recreation, and a pleasant visual environment;
d. 
The nature and extent of common open space in the proposed development and the reliability of the proposals for guaranteeing perpetual maintenance;
e. 
The appropriateness of the development density in relation to the comprehensive plan and, in the case of mixed-use projects, the appropriateness of the ratio of residential to non-residential uses, proposed for the development.
f. 
The compatibility of the proposal with the objectives set forth in the statements of intent for the PDR or PDMU districts.
(6) 
In the event the overall development master plan is approved, or approved subject to modification, the board shall establish, by ordinance, a PDR or PDMU district in the area encompassed. Such ordinance shall establish and specify such minimum and maximum design parameters as the board may deem appropriate, and may include such other conditions and requirements as the board determines necessary.
(7) 
In the event the overall development master plan is disapproved by the board, the application for reclassification shall thereby be deemed to be denied.
(8) 
If, during the course of required reviews by the commission or board, the applicant proposes revisions or modifications to the overall development master plan which are of such magnitude and extent as to substantially change the development concept, as determined by the zoning administrator, said modifications shall cause the revised overall development master plan to be referred back through the required review and hearing procedures as if it were an original submission.
(c) 
Phase II - Final subdivision and site plan.
(1) 
The approval of a reclassification application to a PDR or PDMU district, and the approval of the accompanying overall development master plan by the board, shall constitute authority for the applicant to prepare one or more final subdivision or site plans. Such plans shall be prepared in accordance with the approved overall development master plan and all applicable provisions of the subdivision ordinance and the site plan provisions established in Article V of this chapter.
(2) 
Separate subdivision or site plans shall be submitted for each development stage or section as set forth in the approved overall development master plan or as approved as a logical phase/section by the zoning administrator. Such plans shall include, as an attachment, copies of all charters, covenants, restrictions and other instruments pertaining to the use, maintenance, operation and control of all common open space areas or other common facilities within the development. Such documents shall have been developed in accordance with the provisions established in Article IV, Division 17 of this chapter.
(3) 
All common and public improvements within the PDR or PDMU district shall be subject to performance agreements and surety requirements as with any development. In addition, those common improvements which generally constitute the "amenity package" for a PDR or PDMU district including, without limitation, the common open space and recreational facilities, but also including additional landscaping, open areas, maintenance facilities and equipment, water bodies, trails, sidewalks, pathways and any other materially similar item as determined by the zoning administrator shall be physically installed and completed prior to or concurrently with any abutting or adjacent building, whether residential or non-residential.
(4) 
In the event recreational areas or facilities to benefit the residents/property owners/occupants of the development are required, such areas/facilities shall be completed, available for use and enjoyment of the residents, and in the possession of the property owners association prior to the earlier of:
a. 
35% of the residential units or lots authorized being platted or approved for construction; or
b. 
Five years after the date that the first residential units were platted or approved for construction.
The zoning administrator shall require such performance agreements and surety as deemed necessary to guarantee the property owner(s) within the PDR or PDMU district that the facilities will be available, regardless of the financial circumstances of the developer at the time set for completion. This shall not be interpreted to supersede the requirement established in paragraph (3) above that common improvements be physically installed and completed prior to or concurrently with the construction of any abutting or adjacent buildings.
(5) 
Limited deviations from the approved overall development master plan may be authorized by the zoning administrator when such deviations are determined to be necessary because of topography; drainage; structural safety; vehicular, pedestrian, or bicycle safety; or other extenuating circumstances, and provided that such deviations will not:
a. 
Increase development density; materially alter points of access; decrease the amount of open space; increase the amount of impervious surface area; materially alter the drainage and stormwater management system;
b. 
Materially alter recreational amenities; materially change the market orientation of the development; demonstrably and negatively affect the visual appearance of the development as viewed from adjacent properties or public roads;
c. 
Materially alter the character of the approved overall development master plan; or,
d. 
Be contrary to the legislative intent of the board in approving said overall development master plan.
(6) 
When the zoning administrator grants a limited deviation, a written record of the decision shall be made describing the request, the decision, and the factors contributing to the decision. Copies of the written record shall be forwarded to the commission and board for information purposes.
(7) 
Any proposed adjustment or revision other than those authorized above, as determined by the zoning administrator, shall not be approved without amendment of the overall development master plan in accordance with the same procedures and time limitations specified for initial submission.