Planned Unit Developments (PUDs) provide greater flexibility in land development regulation and land use arrangement than conventional Zoning Ordinance application. Through this option, more creative development approaches can take advantage of the special characteristics of the land than would otherwise be possible. A PUD must include an application, Concept and General Design Plans, other appropriate documentation, and a development agreement. The specific objectives of this Section are to:

1.

Require land innovation and design variety, structure layout, and type while preserving the City Comprehensive Plan's intent and integrity;

2.

Achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities;

3.

Permit compatible land use mixtures;

4.

Permit flexibility in the placement, lot area and building type regulations, while assuring sound site planning standard applications;

5.

Provide safe, efficient access and traffic circulation;

6.

Manage the quality and quantity of stormwater with low-impact development techniques; and

7.

Preserve steep slopes, floodplains, historic structures and areas, and significant natural resources.

(Ord. No. 2021-10.01, Exh. A, 10-7-21)

These Planned Unit Development (PUD) regulations apply to all proposed PUDs. Where there are conflicts between the PUD regulations and general zoning, subdivision, or other City regulations or requirements, the PUD regulations control.

1.

A PUD project may be permitted in any zoning district subject to City Special Use Permit approval.

2.

No PUD may be approved unless Planning Commission reviews the application. The Planning Commission must conduct at least one (1) public hearing as required in Section 15.2-2204 of the Code of Virginia. Following the public hearing, the Planning Commission will prepare and by motion adopt its recommendations, which may include changes in the applicant's original proposal resulting from the hearing, and then report such recommendations, together with any explanatory material, to the City Council.

3.

Before acting on a PUD application, the City Council must hold at least one (1) public hearing in accordance with as required in Section 15.2-2204 of the Code of Virginia. After the public hearing, the City Council may make appropriate changes to or impose appropriate conditions upon the proposed PUD. The City Council may hold a joint public hearing with the Planning Commission.

4.

A minimum of fifteen (15%) percent of the developable PUD land area must be open space. This open space may include required landscaping and stormwater management improvements.

5.

A PUD must access sidewalks, multi-modal paths, and public transportation options to the extent practical.

6.

The PUD may be owned, leased, controlled or under option by a single person or corporation or by a group of individuals or corporations. The owner or owners of all property included in the PUD or the property owner's authorized agent must file the application. In case of multiple ownership, the approved Special Use Permit binds all owners.

(Ord. No. 2021-10.01, Exh. A, 10-7-21)

1.

Concept Plan. The applicant must submit a Concept Plan to the Planning Division before applying for PUD General Design Plan Special Use Permit.

a.

The Concept Plan must show the PUD concept in schematic form, indicating generalized land use areas and their relationship to each other, density calculations, underlying zoning, circulation patterns, utility availability, existing conventional zoning, and existing site characteristics including historic and environmental resources.

b.

The Planning Division must review the Concept Plan in consultation with other City Departments and provide a report containing comments and suggestions on the proposed PUD to the applicant.

2.

PUD General Design Plan. The applicant may apply for a PUD General Design Plan Special Use Permit after receiving the Planning Division's Concept Plan report.

a.

The PUD General Design Plan Special Use Permit application follows the Special Use Permit procedure in Article 6.

b.

The PUD General Design Plan must include the following:

i.

Residential development designs including the general street layout and the number and type of dwelling units proposed for each phase.

ii.

Non-residential development designs including the general building footprint, street layout, building area, and the location and number of parking spaces.

iii.

Proposed open space, recreation area, and other community facility locations, types, and sizes.

iv.

Zoning district uses and standards applicable within the PUD development.

v.

A statement specifying conventional zoning standard modifications from zoning districts necessary for the PUD development.

vi.

Proposed development density, maximum floor area coverage, dwelling unit count, and estimate of net developable areas.

vii.

Vehicular and pedestrian circulation plan.

viii.

Existing environmental features.

ix.

A development phasing plan, if applicable.

x.

A description of all landscaping, lighting, signage, and architectural themes within the PUD, including example building elevations.

c.

The PUD General Design Plan Special Use Permit application must include a development agreement for review and recommendation by the Planning Commission, then executed and recorded at the Clerk of Court if the City Council approves the PUD. The development agreement shall include, at a minimum, the following:

i.

The permitted uses of the property.

ii.

The permitted density and/or intensity of the proposed use.

iii.

Applicable reservations or dedications of land for public purposes.

iv.

Terms, conditions, restrictions, and requirements upon which approval is based, including development phases, architecture standards, landscape standards, necessary on-site or off-site improvements, and public infrastructure upgrades.

v.

A time frame for commencement and completion of improvements associated with the PUD.

vi.

A statement indicating that, except as otherwise provided by the PUD development agreement, regulations governing permitted land uses, density, design, improvement and construction standards, and specifications applicable to land development are the regulations in force at the time.

vii.

Any other development issues determined necessary by the City.

d.

PUD Site Development Plan. The applicant may apply for a PUD site development plan for the entire development or as phased after the City Council approves the PUD General Design Plan Special Use Permit and the executed development agreement is recorded with the Clerk of Court.

3.

Extension. The developer may request an extension of PUD approval established by the City Council for improvements that are Special Use Permit conditions for up to one (1) year.

4.

Modifications.

a.

Minor modifications. The Zoning Administrator may approve minor modifications to the PUD General Design Plan Special Use Permit if they do not:

i.

Increase by more than ten (10%) percent the total number of dwelling units or non-residential building floor area;

ii.

Decrease the amount of private and/or public open space more than five (5%) percent as long as the 15% open space requirement is met;

iii.

Adversely impact public infrastructure and utilities;

iv.

Violate the PUD General Design Plan Special Use Permit development agreement.

b.

Major modifications. Any proposed major modification to the PUD General Design Plan Special Use Permit, as determined by the Zoning Administrator, must be approved by the same process as the initial application.

(Ord. No. 2021-10.01, Exh. A, 10-7-21)