City of Franklin, VA M-U Mixed Use Planned Unit Development

Single-family dwelling, detached and attached.

Two-family dwelling.

Multi-family dwelling.

Pubic park or playground.

Community center.

Community recreation.

Child day center.

Church.

Educational facility, primary/secondary.

Educational facility, college/university.

(11)

Cultural service.

(12)

Public utility, neighborhood.

Office/Institution.

Retail sales.

Retail service.

Hospital.

Nursing home.

Medical facility.

Clinic.

Adult Day Care Center.

§ 7.3 Permitted accessory uses.

The following accessory uses shall be permitted in this district:

Private garage and carport.

Storage building.

Workshop.

Privacy fences in the rear yard of residences.

Parking and loading areas.

Home occupation as defined in Article 28.

Sign as permitted in Article 22.

Guest house.

Accessory dwelling unit.

Gardening (no zoning permit required).

§ 7.4 General Standards.

The master plan of the PUD shall emphasize compatibility with surrounding neighborhoods.

Proposed streets, parking areas and pedestrian circulation systems shall provide safe and convenient access to and from the development and all lots within the development. Streets shall be designed to allow for smooth traffic flow and minimum hazards to vehicular, bicycle and pedestrian traffic and to discourage through traffic. Adequate access and circulation for emergency and service vehicles shall be provided.

All streets within the PUD district shall be public, except that approval may be sought for private streets serving a multifamily housing development and private alleys and drive aisles providing secondary or internal access for a parcel or lot having primary frontage on a public road. Traffic lanes of primary streets must be sufficiently wide to carry the anticipated volume and speed of traffic and in no case shall the pavement width be less than thirty (30) feet.

Sidewalks and streetlights, which provide reasonable pedestrian convenience and safety, shall be provided. Appropriate descriptions shall be provided in the Master Plan and become a part of the approval process.

Landscaping shall meet the minimum requirements of Article XXV of this ordinance. The PUD shall, to the extent feasible, preserve existing trees on the site and the existing topography and the natural character of the site by minimizing grading thereof. The Master Plan shall include a tree preservation plan that will identify target trees, and/or areas of trees, to be preserved within the district.

Residential dwelling units of various types may be included in a mixed-use development and contribute to mixed-use character of the district as a whole. To qualify for a residential housing unit component within a mixed-use development, the applicant must integrate dwelling units with a proposed commercial development. Integration may be achieved by one or more of the following methods:

[Added 6-25-2018]

(a)

Locating dwelling units above the ground floor of a commercial building.

(b)

Constructing an accessory dwelling unit attached to the rear of the commercial building provided that the commercial development would be the major structure seen from the street.

(c)

No more than 70% of the total area of the mixed-use development shall be dedicated to residential use. (50% adopted by ordinance 6-25-2018)

§ 7.5 District Requirements.

The minimum size for a district shall be five (5) contiguous acres, but contiguous additions to the district may be added by the same process as set forth below.

In order to create a diversified, interesting and attractive complement to the city and offer varying living opportunities to future residents, the following housing restrictions shall apply:

(a)

Single family dwelling, detached shall comprise at least 45% of the dwelling units within the district. A variety of lot sizes and dwelling types is desirable;

(b)

Remaining property devoted to housing shall be divided among at least two other dwelling unit types: two-family, single-family attached and multifamily units;

Permitted general and business offices, retail and service establishments are intended, primarily, to serve the community in which they are located. Facilities for these commercial operations should be located within one centralized area or zone, of the PUD district. These facilities should not occupy more than five (5%) of the gross useful land area of the district.

Mixed use buildings in which a commercial business is located on the first floor and residential uses are on the second and third floors are permitted within the commercial area of the district. The area occupied by a commercial in the mixed use facility will be counted towards the area permitted within the commercial area. The residential use will be counted against the permitted multi-family.

The maximum height of any building or structure in the district shall be fifty (50) feet or three (3) stories.

Open space for common use, excluding paved areas public and private streets, aisles and alleys and private streets paved areas, shall comprise at least twenty-five (25) percent of the total gross area of the district. At least seventy-five (75) percent of the open space must be satisfactory for recreational uses.

At least fifteen (15%) percent of the total gross area of the district shall be developed for recreational use or community facilities such as walking paths, bike and exercise trails, playgrounds, swimming pools, gymnasiums, playing fields, tennis or basketball courts, gardens, landscaped areas around dwellings and other buildings or similar uses. All common open space and recreational facilities will be developed at a rate proportional to the rate of construction of the residences within the development.

Each dwelling and commercial unit in the district shall front on a public street, except as permitted in Paragraph VII.4(c) of this Article. Permitted private roads, alleys and aisles shall be maintained to such an extent that delivery and emergency vehicles shall have unimpeded access. Maintenance provisions will be defined in the approved Master Plan.

Signage used in the district must not exceed the applicable restrictions established in Article XXII of this Ordinance.

The Off-Street Parking within the PUD shall comply with the minimum requirements specified in Article XVII of this Ordinance. However, § 18.5(g) shall not exempt the off-street parking requirements within a planned unit development.

§ 7.6 Setback and Yard Requirements.

All residential, community and recreational structures in the PUD shall be set back at least thirty-five (35) feet from any boundary of the district.

All residential units, community and recreational structures between the outside perimeter boundary and the first street within the PUD shall comply with the, character of the underlying district and adjacent property.

Non-residential uses shall not border adjacent residential districts unless such uses are permitted within the adjacent district at the time of PUD approval. All business structures within the PUD shall be set back at least one-hundred (100) feet from the boundary line of the district.

The minimum lot size, yard, frontage and width requirements shall be established and approved as part of the master plan process.

Where a PUD is established on property that shares a block face with improved property, development within the PUD facing such existing improvements shall be harmonious as to height, mass, lot coverage and setbacks.

Building spacing shall provide privacy within each dwelling unit and ensure that each room has adequate light and air in accordance with the Virginia Uniform Statewide Building Code.

Areas used as service yards, for storage of trash or for other utilitarian purposes shall be screened from adjoining dwellings with screens compatible with building designs and in accordance with the landscaping requirements Article XXV of this ordinance.

§ 7.7 Relationship to Subdivision Ordinance.

To encourage flexibility and creativity of design in the event that the property in the PUD is to be subdivided and sold to separate owners, the master plan may provide for variations and deviations from the standards set forth in the subdivision ordinance, provided that city council determines that such variations and deviations do not diminish the protection of the health and safety of other residents of the city provided by the subdivision ordinance regulations. Deviations and variations from the subdivision ordinance must be included as part of the approved master plan.

§ 7.8 Management of Common Spaces and Facilities.

The Developer shall provide for the establishment of a Property Owners Association in accordance with the Virginia Property Owners' Association Act for all individuals and corporations owning property within the PUD. This will ensure adequate provisions for maintenance of all common open space, properties and facilities have been made prior to the final approval, recording and sale of any lot.

The membership of the property owners' association and the obligations of such association with respect to the common areas shall be set forth within a declaration suitable for recording in the Clerk's Office of the Circuit Court of Southampton County, meeting the requirements of the Virginia Property Owners' Association Act and shall be approved by the city attorney as being in compliance with statute prior to recordation.

A recorded copy of such declaration must be delivered to the office of the Director of Community Development prior to approval of any subdivision plat.

The declaration shall detail how the association shall be organized and administered, how the common areas and facilities are to be operated and maintained and how the owners of individual properties are to be assessed for their share of operation and maintenance of the common areas and facilities.

All common areas and facilities within a development shall be preserved for their intended purposes as expressed in the approved master plan.

All deeds conveying interests in common open space and recreational facilities located within the PUD shall contain covenants and restrictions running with the land sufficient to ensure that such areas are preserved for their intended purposes as expressed in the approved master plan and shall contain a prohibition against partition.

§ 7.9 Development and Preservation of Common Areas.

All common open space and recreational facilities shall be fully improved by the Developer at a proportionately equivalent or greater rate than the construction of residential structures and shall be preserved for their intended purpose as expressed in the approved master plan.

All property within the PUD shall remain under single ownership of the Developer(s) until appropriate provisions have been made that insure satisfactory operation and ongoing maintenance of all open space, recreational and common space areas within the PUD. No property may be leased or sold until the Director of Community Development provides written confirmation that such provisions have been made.

§ 7.10 Procedure to Obtain Approval of Residential Planned Unit Development.

Any person who wishes to have property rezoned to a Residential Planned Unit Development District shall initiate such proposed rezoning pursuant to § 28.2 of this ordinance, and if such development involves the subdivision of land, by the concurrent submission of a preliminary subdivision plat in accordance with § 5-2 of the subdivision ordinance.

In addition to the submissions required for rezoning and subdivision of the subject property the applicant must submit to the Director of Community Development eight copies of a Master Plan of the development in order for the city staff to review it and determine whether it is in compliance with the standards set forth in this Article. The master plan shall be constituted by a concept plan submitted in accordance with Article XXIV of this ordinance and such additional data as may be required for determining whether the plan is in compliance with the standards and provisions of this Article.

Directors of city departments shall review the master plan and report their findings to the Director of Community Development who, prior to consideration of the plan by the Planning Commission, shall prepare a report, a copy of which shall be delivered to the applicant and the Planning commission with recommendations for approval, disapproval or modification of the proposed master plan. Any recommendation for disapproval or modifications to the master plan shall state the reasons for the modification or denial.

The planning commission shall recommend approval or disapproval of the rezoning and forward such recommendations to city council. The planning commission shall indicate that approval of the any portion of the development shall be contingent upon compliance with the master plan approved as part of the rezoning.

Final consideration of the master plan shall be concurrent with and a part of the consideration of the rezoning request to city council.

In the event that city council rezones any property in the city to a residential PUD, the zoning administrator shall indicate such designation on the official zoning map of the city.

Minor changes to or deviations from an approved master plan may be approved by the majority vote of a Committee, consisting of the Director of Community Development, the member of the Planning Commission and the member of City Council representing the Ward or Wards in cases where the property is located in more than one Ward in which the PUD is located (the "Committee"), without going through the procedure set forth in this section, if conditions arise which merit such changes or deviations. The request for changes or deviations must be supported by graphic and other information necessary for appropriate evaluation of the request. For the purpose of this section, minor changes or deviations refer to changes of location and design of buildings, other structures, streets, parking, recreation facilities, open space, landscaping or similar details which do not materially alter the character or concept of the approved master plan.

In the event that the Committee determines, in its sole discretion, that requested changes or deviations in the master plan are something more than minor changes to, or deviations from the master plan, the owner of the development may apply for permission to amend the approved master plan following the same procedure as set forth in this section.

§ 7.11 Phasing of the Planned Unit Development.

Nothing within this Article is intended to prevent the development from proceeding in stages or phases, provided that the following conditions are met:

The proposed stages or phases will be identified and delineated in the Master Plan.

All data required for the total PUD must be provided for each phase.

Each phase must conform to the Master Plan as approved or amended.

Each stage or phase must include useable open space areas, landscaped and available for use, approximately equivalent to the pro-rata share of the total open space approved for the PUD.

§ 7.12 Contents of the Master Plan.

The formal application for the PUD overlay district must be submitted with the Master Plan. The drawings, narrative presentation and studies included in the Master Plan must address the applicable issues identified in this Article, Article XXIV of this Ordinance (concept plan) and the Subdivision Ordinance. A minimum checklist of issues to be included with the Master Plan is as follows:

A legal description and plat of the total site proposed for development showing site boundaries, existing street lines, lot lines, total acreage and easements. Existing historic landmarks, cemeteries, flood plains, flood ways and wet lands must also be delineated.

A general statement of planning objectives to be achieved by the planned zoning district, including the description of the proposed character of the development and the market for which the development is oriented. Target price point ranges for residential properties will be provided.

Environmental Impact Statement.

Economic Impact Statement.

A proposed land use plan showing the use of each lot, tract or parcel within the development.

Location of proposed streets, aisles and alleys; proposed specifications for all private streets, alleys and aisles and identification of all on and off street parking provisions.

A proposed plan showing anticipated circulation patterns of vehicular and pedestrian traffic.

A traffic study showing the impact of the plan on surrounding public streets and traffic patterns.

Proposed number of housing units, number of types, styles, configurations and colors.