The purpose of this article is to enhance the quality of future development in the county by encouraging the integration of land planning, open space preservation, mixed-use, and cluster design. This purpose will be implemented through the establishment of:

(1)

A zoning district titled "planned unit development" ("PUD"). Within districts, PUD projects may be planned, approved, and developed under the guidance and control of a plan of development; and,

(2)

Administration guidelines and standards, to be applied on a case-by-case basis using the process required for a change of zoning, as set out in this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The intent of the PUD is enumerated in section 86-130.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The PUD district is created as a separate district exclusive of other districts in these regulations. The use, height, and yard requirements shall be determined by the requirements and procedures set forth in this article and shall prevail over conflicting requirements of other zoning regulations.

(b)

Every PUD shall be served either by a public water and sewer supply in accordance with the county's policies regarding public utility service or by a central water and sewer system, if public facilities are not available.

(c)

The PUD may also involve subdivisions of land. Subdivisions of land are subject to the applicable requirements of the subdivision ordinance, and other development ordinances. Nothing in this article shall exempt an owner from meeting the requirements of such other ordinances; however, the master plan may also serve as the preliminary plat requirements for subdivisions. Accordingly, once a master plan has been approved under this article, such application may serve as an approved preliminary subdivision plat.

(d)

The PUD zoning district applies only to the special categories of projects described in this subsection, and then only to the specific land upon which such developments are planned and approved pursuant to procedures set forth in this chapter for planned unit developments. Regulations established through the approval of a planned unit development district by the board of supervisors shall function as follows:

(1)

They shall be established to implement the goals and objectives in the county's comprehensive plan.

(2)

Subsequently, should the project for which the PUD zoning district was established be terminated for any reason, such district may be terminated upon the initiative of the planning commission or board of supervisors and after proper rezoning notices and hearings.

(3)

In cases where a special purpose zoning district's boundary are identified and adopted by reference to federal or state maps and associated regulations, such maps and/or regulations adopted by reference shall be considered to be part of the county zoning district map.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Establishment of the district. A PUD district is to be established and recorded once an applicant's submission of a master plan of development and other supporting documentation is approved through the conditional zoning process by the board of supervisors. Applicant must follow the procedures for conditional zoning set out in article V of this chapter and meet the requirements of this article.

(b)

Annotation of zoning district map. The zoning district map shall show, via use of an appropriate symbol, each PUD district established under this article. In addition, the zoning administrator shall keep an index of planned unit development districts, in the office where zoning records are maintained, and make such index available for public inspection. The index shall provide a direct reference to the ordinances that enabled the creation of the district. If a PUD district contains proffered conditions pursuant to article V of this chapter, the indexing of such conditions shall be governed by the requirements of that article, and also be cross-indexed with the PUD-M district index.

(c)

Amendments to a PUD may be made following the same requirements and procedures established for rezoning approval, except that the planning director, at his or her discretion, may approve minor revisions to the application that improve the design and intent of the PUD. Additional land area may be added to an existing PUD if it is adjacent and/or would form a logical addition to the existing PUD. The procedure for adding additional land shall be the same as filing an original application.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Permitted uses and conditional uses are provided below:

Permitted and conditional uses shall be defined in the application and approved by the board of supervisors as a condition of rezoning.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Any application for a PUD must be preceded by a concept plan and pre-application meeting prior to any formal submission or consideration by the planning commission. The concept plan shall be submitted to the zoning administrator for consultation and discussion and shall include the location and components identified in section 86-40. The zoning administrator may consult with the planning commission and area agencies, as appropriate. Although no formal action is required, an application will not be accepted until a concept plan has been submitted and reviewed.

(b)

After the concept plan and pre-application meeting, a formal application for a PUD district application shall be submitted. A complete application, eligible for public hearing, shall consist of a master plan, design manual, and community impact statement. The planning director, at his or her discretion, may establish additional application requirements for a PUD, and/or may modify requirements.

(1)

Master plan requirements:

a.

The proposed title of the project and the name of the engineer, architect, designer, and/or landscape architect, and the owner/developer.

b.

Jurisdiction/supervisor district and state.

c.

The northpoint, scale, and date. Plans shall be drawn at a scale of not less than one inch to 400 feet and depict the area within 2,000 feet of the property boundaries.

d.

Zoning and zoning district boundaries, both existing and proposed.

e.

The existing owners and source of ownership for all parcels included in the PUD.

f.

The owner, tax map parcel, and source of ownership for adjoining parcels.

g.

An accurate boundary survey of the development tract showing the location and type of boundary evidence and a data reference for elevations to be used on plans and profiles, said elevations to be correlated, where practical, to U.S.G.S. or global positioning system ("G.P.S.") horizontal and vertical data.

h.

Vicinity sketch at a scale no greater than one inch to 2,000 feet. Sketch must be large enough to show the subject property and intersections (referenced to 0.01 mile to the nearest intersection) to two state roads with route numbers.

i.

Location of existing environmental, topographical, and historic resources including:

1.

Topography, at an interval of five feet.

2.

Aquifer recharge areas, based on available published information (USGS maps or other sources approved by the county).

3.

The location of ponds, streams, natural drainage swales, 100-year flood plains, all resource protection areas as defined under the Chesapeake Bay Preservation requirements and slopes of 25 percent or greater.

4.

Location of all historic structures and resources, as identified by the King William Historic Site survey, the Virginia Department of Historic Resources, or the National Register of Historic Places, which may include abandoned roads, cemeteries, and military earthworks. All features to be preserved shall be clearly noted on the plan.

5.

Other existing natural features on the property, including tree masses, wood lines, and a depiction of any proposed modifications to the feature.

j.

Proposed lot lines.

k.

Proposed square footage of commercial buildings.

l.

Designation of land uses with densities.

m.

Locations of streets, parking, and pedestrian paths.

n.

Designation of areas of common open space, with a description of proposed improvements and landscaping, where appropriate, and active and passive recreation areas.

o.

Location of proposed structures (commercial and residential), with designation of the type(s) of housing proposed. If attached structures are to be used, the number of units in each structure within the district shall be shown.

p.

General location of water, wastewater, stormwater and permanent erosion and sediment control structures.

q.

A statement explaining how the PUD complies with the policies and objectives of the comprehensive plan.

(2)

Design manual requirements:

a.

An overall project description establishing the intended community characteristics, design themes, and elements to be incorporated into the project, to include concepts related to bulk and scale, physical relationships, and material composition.

b.

Descriptions, depictions, and typical drawings for the following:

1.

Proposed typical elevations for all structures, which shall include the following typical details:

i.

Facade materials, including the use of color(s).

ii.

Building height, length, and depth.

iii.

Roof lines and materials.

iv.

Screening for the heating, air conditioning, and electrical systems used commercial, industrial, or multiple use buildings.

v.

Signage.

vi.

Exterior lighting fixtures, both residential and nonresidential.

vii.

Landscape details, including typical plant materials to be used throughout the project, including typical planting details and location(s) for the following areas:

(A)

Frontage landscaping along major thoroughfares, and where proposed along common external boundaries.

(B)

Internal buffers, where proposed.

(C)

Internal roads.

(D)

Common and public areas.

(E)

Parking lots.

2.

Neighborhood design characteristics including:

i.

Internal road functional classifications.

ii.

Typical road section plans for each functional classification, to include both plan and cross section views.

iii.

Proposed setback lines for each type of road as described in "section 86-345(b)(2)a.2." above (if applicable).

iv.

Proposed build-to lines for each type of road as described in " section 86-345(b)(2)a." above (if applicable).

v.

Typical streetscape design for each classification of road and/or impervious surface to be used.

3.

Pedestrian system, including type(s) of paving and/or impervious surface to be used.

4.

Lighting schematics including height and fixture type.

5.

A phasing schedule that sets forth the approximate number of residential units, by type or class, to be developed per year and an explicit link between the timing of the development of residential, nonresidential, and commercial components.

(3)

Community impact statement to include:

a.

Stormwater management plan;

b.

Environmental impact analysis;

c.

Traffic impact analysis;

d.

Impact to schools;

e.

Emergency services/fire protection/police protection;

f.

Libraries/parks and recreation;

g.

Publicly provided utility services, such as water, sewer, and refuse disposal; [and]

h.

Archaeological and historic site survey is required if a designated historic resource, as identified by the King William Historic site survey, the Virginia Department of Historic Resources, or the National Register of Historic Places, if located on the subject property or on a property immediately adjacent.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

PUD districts should encourage development form and character that is aesthetically pleasing and 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 amenities;

(5)

Neighborhood centers;

(6)

Appropriately scaled buildings and spaces;

(7)

Relegated parking;

(8)

Mixture of uses and use types;

(9)

Mixture of housing types and affordability; and

(10)

Environmentally sensitive design.

An application is not required to include every characteristic of the PUD development district as delineated above in order to be approved. Factors such as the size of the proposed district and surrounding uses may prevent the application from possessing every characteristic.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Standards applicable to entire district.

(1)

Minimum district size. The minimum district size shall be 15 acres.

(2)

Density. Density shall be determined at time of rezoning with compliance with the comprehensive plan. For purposes of this district, net developable area shall be defined as the gross acreage of the district minus all Chesapeake Bay Resource Protection Areas and all slopes of 25 percent or greater. For the purposes of this district, the acreage values used in the determination of density shall be the net developable area. The gross density of the single family residential shall not exceed five dwelling units per acre. The gross density of the attached units shall not exceed eight units per acre. The gross density of the multi-family shall not exceed 24 units per acre.

(3)

Streets. All streets within the district shall be public, unless approved to be private streets by the board of supervisors. Private streets shall be built to Virginia Department of Transportation (VDOT) standards and would otherwise be acceptable for public maintenance. Where appropriate, streets shall be extended to the mixed-use development boundary to accommodate future, adjacent property development. Wherever practical, curb and gutter shall be used throughout the development. The board of supervisors reserves the right to permit other methods of stormwater removal.

(4)

Height. All dwelling units including but not limited to, single family dwelling units and multiple family structures and all other commercial and institutional uses, including combined use structures, may be constructed to a height of three stories or 45 feet.

(5)

Gross floor area. The total gross floor area of uses permitted in commercial areas shall be at least 200 square feet per dwelling unit approved on the master plan, but shall not exceed 1,000 square feet per dwelling unit approved on the master plan. Outdoor display service or sales areas shall be included in gross floor area calculations. The phasing plan shall fully describe the timing of installation of the commercial components to ensure they are commensurate with the residential portions of the project.

a.

Open space. No less than 25 percent of the net developable area of the overall district shall be set aside as open space. This may include common open areas, plazas, areas improved for recreation, historic sites, natural preservation areas and any streetscape landscaping provided between various uses within the district. It shall not include yards of dwelling units or outdoor areas used in connection with a commercial or industrial use. Active and passive recreation may be provided within the open space. All recreation areas shall be designated on the master plan. When improved with playground equipment, playing fields, tennis courts, swimming pools, or other recreational facilities, such improvements shall be detailed on the master plan. All improvements shall be constructed in accordance with the phasing schedule approved with the master plan. The recreational areas and facilities shall be owned and maintained by residents' association;

b.

The required open space shall not contain more than 25 percent steep slopes, wetlands, utility easements, or other limitations. At least 15 percent of the open space shall be improved. Such improvements may include, but shall not be limited to, pedestrian ways, bicycle paths, play lots and playgrounds, tennis courts, clubhouses, and swimming pools;

c.

Open space shall be reasonably dispersed with a logical relationship throughout the site;

d.

Open space areas shall be designed and located to maximize public accessibility, and where possible, shall be connected by a pedestrian circulation system, including sidewalks, pathways and trails;

e.

Open space shall emphasize inter-relationships between uses within the project and create visual connections between spaces;

f.

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.

(6)

Minimum setback and lot size. Within the PUD district, minimum lot size, minimum lot width and frontage and 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. A modification to the concept plan will be required if the provided details are not within the established ranges. The following guidelines shall be used in establishing the building spacing and setbacks.

a.

Areas between buildings used as service yards, storage of trash, or other utility purposes should be designed to be compatible with adjoining buildings;

b.

Building spacing and design shall incorporate privacy for outdoor activity areas (patios, decks, and the like.) associated with individual dwelling units, whenever feasible; and

c.

Yards located at the perimeter of the mixed-use development district shall conform to the setback requirements of the adjoining district, or to the setback requirements of the PUD development district, whichever is greater.

d.

In no case shall setbacks interfere with public safety issues such as intersection sight distance or utilities, including other public infrastructure such as pedestrian paths, open space, and the like. Building restriction lines shall be shown on the final site plan.

(7)

Landscaping.

a.

Preservation of existing trees and shrubs shall be maximized to provide for continuity and improved buffering ability. Special attention shall be given to preserve all existing trees within 20 feet of existing bodies of water, such as lakes, streams, and wetlands. Trees to be retained shall be noted on the master plan, and a method of protection identified.

b.

Streetscape buffers.

1.

Streetscape buffers, the minimum width along the existing public road upon which the development fronts, shall be agreed upon by the applicant and board of supervisors during plan submittal.

2.

The buffer shall be placed within an easement and the property owners' association shall be charged with maintenance of the buffer. If any required tree, shrub, or other landscaping element shall die or be removed after issuance of the certificate of occupancy, the developer, his or her successors or assigns shall replace each by the end of the next planting season with trees or shrubs of the same or similar species, type, color, or character.

3.

The buffers shall contain a pedestrian path located along the frontage of the property and such pedestrian path shall be designed and constructed in accord with applicable VDOT standards and may contain utility easements and signs, but not water quality structures (i.e., BMPs).

4.

Streetscape buffers shall contain landscaping materials as outlined in article XI of this chapter.

5.

Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles, or the approach to any street intersection so at to constitute a traffic hazard or a condition dangerous to the public safety. Streetscape buffers shall adhere to all sight distance requirements as determined by VDOT.

c.

Screening. Screening shall be required to conceal specific areas from both on-site and off-site views. Such areas shall be screened using an appropriate combination of plants, fencing, and masonry walls to adequately screen them from view, regardless of adjacent uses, adjacent districts, or other proximate landscaping material. Screening plantings shall be maintained in perpetuity and any dead or dying plants shall be removed within 30 days of notification by the zoning administrator and shall be replaced by the property owner during the next viable planting season. Specific areas to be screened include:

1.

Large waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers).

2.

Loading and service areas.

3.

Outdoor storage areas (including storage tanks).

4.

Ground-based utility equipment with size in excess of 12 cubic feet.

5.

Ground level mechanical units.

d.

All vehicle parking areas shall include landscaping, both within the interior of the parking area and around its perimeter, to provide shade, screen views, mitigate runoff, and provide aesthetic appeal.

e.

Perimeters of the district, not along a street, should consider the adjacent uses and buffer and/or screen for the best transition of uses.

f.

Any required landscaping shall be installed prior to the issuance of a certificate of occupancy.

(8)

Management of open space, private roads and other areas of common ownership:

a.

All common areas shall be deeded to a property owners association. The association and regulations shall be approved by the county attorney during final site plan approval and shall conform to the following requirements:

1.

The developer must establish the association concurrent with the recordation of the subdivision plat and prior to the sale of any lots.

2.

Membership in the property owner's association shall be mandatory for all property owners, present or future, within the PUD and said association shall not discriminate in its membership or shareholders.

3.

The association shall manage all open space, common areas and amenities; in addition, the association shall maintain all roads not maintained by VDOT.

4.

The association shall have the authority to assess fees and impose liens.

b.

The board of supervisors may approve conveyance of the open space and any open space easement to a qualifying nonprofit or governmental entity other than the property owners' association or the county, upon a finding that such a conveyance will achieve purposes of open space consistent with the character of the PUD district, that the conveyance will be beneficial to the future owners within the district and to the public, and that the purposes and resources of the entity and the proposed conveyance are consistent with the preservation of the open space and significant features. For the purposes of this section a qualifying nonprofit shall be an organization classified as nonprofit under the Internal Revenue Service definition.

(9)

Road access. No residential use shall have direct access to any road outside of the district. Commercial use direct access may be approved by the board of supervisors on the master plan if the need for such is demonstrated by the applicant.

(10)

Lighting. Exterior lighting shall be provided throughout the development and typical fixtures will be provided as part of the design manual details. When selecting exterior lighting the following shall apply:

a.

Cut off style lighting fixtures to conceal the lighting source and minimize spillover or glare on adjoining properties shall be used in all commercial areas.

b.

Any lighting used under canopies shall be recessed to minimize glare.

c.

Lighting intensity should be the minimum required to satisfy safety and security concerns.

d.

Lighting shall be reduced to no more than a security level following close of daily operations in all commercial areas.

(11)

Signage. Signs for the community will be coordinated in color and design and shall be either ground mounted or building mounted. A sign package showing the plan for signage on the property shall be submitted with the design manual as part of the master plan.

(12)

Utilities. Mixed use developments shall be in accordance with the following requirements:

a.

All new utility lines including telephone, television cable, and electrical systems, and similar uses shall be installed underground.

b.

Mixed use developments shall be served by centralized water and sewer utilities, whether public or privately operated, and shall be designed and constructed to public standards as approved by the King William Utility Department and Hampton Roads Sanitation District.

c.

Private centralized utilities shall be maintained by a homeowner's association (unless otherwise operated by a public or private utility) which shall be established prior to final plat approval. Applicable homeowners' association documents shall be reviewed for consistency with the county's requirements by the county attorney prior to final plat approval.

(b)

Standards applicable to the residential areas. In addition to the standards referenced above, all development within the residential portions of the development shall conform to the following standards:

(1)

A pedestrian path system, providing access to open space, neighborhoods, and development areas, shall be shown on the master plan. The detail of construction of the path shall be shown on the master plan.

(2)

Fire protection systems shall be placed throughout the residential areas to provide adequate access to hydrants.

(c)

Standards applicable to the commercial development:

(1)

General design:

a.

All commercial areas within the PUD shall have safe and convenient access to a collector street or major thoroughfare.

b.

Parking. The applicant shall establish parking regulations for consideration by the board of supervisors based upon a parking needs study or equivalent data. The parking regulations shall decrease impervious cover by reducing parking requirements and consider alternative transportation modes. The following additional requirements shall also apply within the mixed use development district:

1.

Parking shall be located predominantly to the side and/or rear of buildings;

2.

Parking areas shall include interior landscaped parking lot islands as well as landscaping along the perimeter;

3.

Parking areas are to be designed to facilitate pedestrian movement;

4.

Parking areas should encourage alternative forms of transportation by providing amenities such as bicycle parking and bicycle lanes; and

5.

Parking lots shall not create long expanses of empty street frontage.

(2)

Architectural standards—Commercial structures.

a.

Façade design within the PUD shall be developed with a unified architectural theme. The standard of compatibility may be met through scale, materials, forms, and/or colors which may be embodied in architecture that is contemporary as well as traditional.

b.

Primary entrances to buildings shall be clearly identified and oriented towards the primary pedestrian paths. Façades shall be balanced and symmetrical without being overly complicated and monotonous.

c.

Building materials utilized for the front and side façades of the buildings shall be limited to brick, split-faced block, fluted block, tile, concrete tile, dryvit, or other simulated stucco (EIFS), real or simulated wood and/or glass. Standard concrete masonry block shall not be used for the front and side façades of any building.

d.

Roof design. Pitched roofs shall be provided wherever practicable. Rooflines shall be varied in order to add architectural interest and avoid the appearance of long, monotonous roofline expanses.

e.

Roof material. Roofs, including mansard and other decorative roofs, shall not be interpreted to be a part of any building façade. Roofing materials shall consist of wood, tin, copper, slate, terra cotta, standing seam metal or dimensional fiberglass shingles.

f.

Adjacent façades will be compatible with each other and architectural features such as setbacks, changes in building materials, canopies or differences in roof height will be used to add visual interest. Exterior walls fronting a promenade will not exceed 100 feet in length without altering the appearance of the building(s) by using a mixture of compatible building materials or, alternatively, by providing a variance in setback of at least two feet.

g.

Any mechanical units placed on the rooftops of buildings shall be screened by architectural features which are compatible with building façade architecture.

h.

Service and delivery loading docks will be located at the rear of structures, or wholly screened from view from any right-of-way.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The board of supervisors may approve development plans that deviate from the standards of development if the site's topography, configuration, or other unique circumstance that prevents full compliance with the requirements. Any exception or deviation from standards specified in this article shall be granted only when such exception or deviation will not impair the health, safety, comfort and welfare of the inhabitants of the county. In any such case, the board of supervisors may impose conditions that will accomplish the purposes of the requirements to the maximum extent practicable.

(Ord. No. 09-21R2, Att. A, 9-27-2021)