Lexington City Zoning Code
ARTICLE V
Planned Unit Development – Mixed Use District PD-MU
§ 420-5.1 Intent and purpose.
The purpose of the Planned Development - Mixed Use District is to promote areas appropriate for office, retail, and residential uses, designed in a unified and cohesive manner in order to create an attractive environment in which to live, work, and recreate. Two or more uses shall be integrated into a mixed use project. The district is intended to be established in areas suitable for redevelopment and identified within the Comprehensive Plan as opportunity areas numbered 3 and 5, along East Nelson Street and South Main Street, respectively, and to provide a process and design criteria that can be used to transition from established uses while accommodating new growth and evolving market trends. Development proposals should incorporate high-quality architectural design and provide gradual transitions to surrounding land uses. The opportunity areas designated along East Nelson and South Main Streets are also designated as entrance corridors, and development rezoned to PD-MU should protect and enhance the City's attractiveness in compliance with Article VI of this chapter. Vertical combination of uses is encouraged where appropriate, and a PD-MU is expected to produce a better design than can be produced through traditional zoning districts.
§ 420-5.2 Character of development.
A.
The goal of a Planned Development - Mixed Use District is to encourage a development form and character that enhances the Lexington community's sense of place and character and is different from conventional suburban development. Lexington's Comprehensive Plan includes design principles for opportunity areas and for mixed use neighborhoods that should inform the character and development of the proposed project. A proposal for a Planned Development - Mixed Use District must demonstrate consideration of the following characteristics, and in those instances where a development cannot include a characteristic, the PD-MU narrative must provide written justification why the characteristic cannot be incorporated:
(1)
Pedestrian orientation;
(2)
Neighborhood-friendly streets and paths;
(3)
Interconnected streets and transportation networks;
(4)
Parks and open space;
(5)
Neighborhood centers;
(6)
Buildings and spaces of appropriate scale;
(7)
Appropriately screened parking;
(8)
Electric vehicle and bicycle parking;
(9)
Mixture of uses and use types;
(10)
Mixture of housing types and affordability;
(11)
Environmentally sensitive design, such as energy efficiency of buildings (may include photovoltaic power generation and storage, low-carbon building materials, energy-efficient mechanicals, and a thermally efficient building envelope), and green infrastructure elements, such as low impact development measures for stormwater, encouragement of public accessibility to parks and open spaces in any new development;
(12)
Clear boundaries with any surrounding rural areas; and
(13)
Shade trees planted in a large enough pervious area on the property that they will survive to maturity.
B.
An application is not necessarily required to possess every characteristic of the Planned Development - Mixed Use District as delineated in this section in order to be approved. The size of the proposed district, its integration with surrounding districts, or other similar factors may prevent the application from possessing every characteristic.
§ 420-5.3 Permitted uses generally.
In the Planned Development - Mixed Use District, all uses permitted by right in the residential, commercial, civic, miscellaneous, and industrial districts may be permitted. Additional uses specifically enumerated in the final master plan may be permitted by right at the discretion of the City. Specific uses may also be excluded.
§ 420-5.4 Permitted uses with conditional use permit.
One or more uses permitted by conditional use permit in any zoning district may be permitted in the Planned Development - Mixed Use District if documented in the PD-MU master plan. Any use desired but not documented in the approved PD-MU master plan requires an application to amend the PD-MU master plan.
§ 420-5.5 Mixture of uses.
A variety of housing types and nonresidential uses is strongly encouraged. The mixture of uses shall be based upon the uses, goals and strategies recommended in the Comprehensive Plan. This mixture may be obtained with different uses in different buildings or a mixture of uses within the same building.
§ 420-5.6 Minimum area for a Planned Development - Mixed Use District.
A.
The minimum area required for the establishment of a Planned Development - Mixed Use District shall be three acres.
B.
Additional area may be added to an established Planned Development - Mixed Use District if it adjoins and forms a logical addition to the approved development. The procedure for the addition of land to the Planned Development - Mixed Use District shall be the same as for an original application, and all requirements shall apply except the minimum lot area requirement as set forth above.
§ 420-5.7 Open space.
Open space promotes attractive and unique developments that are also environmentally conscious. PD-MUs shall include the following, in keeping with the Comprehensive Plan:
A.
Open space shall be dedicated in a logical relationship to the site and in accordance with any guidance from the Comprehensive Plan regarding significant open space. Open space, and, where appropriate, public access and shared use, are strongly encouraged;
B.
Improvements shall be configured to accommodate permitted, accessory and conditional uses in an orderly relationship with one another, with the greatest amount of open space and with the least disturbance to natural features.
§ 420-5.8 Densities.
A.
The gross and net residential densities shall be shown on the approved final master plan by area and for the development as a whole in dwelling units per acre, and shall be binding upon the master plan's approval. The overall gross density so approved shall be determined by the City with reference to the Comprehensive Plan.
B.
Nonresidential density shall be expressed in terms of total square footage by area and for the development as a whole. There is no maximum square footage for nonresidential uses, but the proposed uses should be in proportion to the overall intent and functionality of the planned district concept as set forth in § 420-5.1.
§ 420-5.9 Setback regulations.
A.
Within the Planned Development - Mixed Use District, minimum setback ranges shall be specifically established during the review and approval of the PD-MU master plan. Specific setbacks may be approved administratively during the site plan process if they are in conformance with the established ranges, or a modification to the PD-MU master plan will be required if the provided setbacks are not within the established ranges. The following guidelines shall be used in establishing the building spacing and setbacks:
(1)
Areas between buildings used as service yards, storage of trash, or other utility purposes should be designed so as to be compatible with adjoining buildings;
(2)
Building spacing and design shall incorporate privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units whenever feasible;
(3)
Yards located at the perimeter of the Planned Development - Mixed Use District shall conform to the setback requirements of the adjoining district, or to the setback requirements of the PD-MU District, whichever is greater; and
(4)
A thirty-foot minimum setback is required when abutting a residential zoning district.
B.
In no case shall setbacks interfere with public safety issues such as sight lines and utilities, including other public infrastructure such as sidewalks, open space, etc.
§ 420-5.10 Height of buildings.
In the Planned Development - Mixed Use District, the height regulations shall be:
A.
Single-family residences: 45 feet (maximum).
B.
Banks, office buildings and hotels: 60 feet (maximum).
C.
Apartments, shopping centers, and other permitted buildings: 60 feet (maximum).
D.
Conditional use permits are required for structures exceeding the maximums listed in this section.
E.
These limitations shall not apply to church spires, belfries, cupolas, chimneys, flues, television antennas and radio aerials.
F.
All accessory buildings shall generally be less than the main building in height.
§ 420-5.11 Parking.
Within the Planned Development - Mixed Use District, the applicant shall establish parking regulations for consideration by the City. The proposed regulations should be based on a parking needs study or equivalent data. Such regulations shall reflect the intent of the Comprehensive Plan to decrease impervious cover by reducing parking requirements, considering alternative transportation modes, and using pervious surfaces for spillover parking areas. Shared parking areas, especially with nonresidential uses, are encouraged. Parking lots will be interconnected on adjacent parcels whenever possible. Small, landscaped and interconnected parking lots, rather than large, central parking lots, shall be encouraged. Parking lots shall not dominate the image of a site.
§ 420-5.12 Utilities.
All new utility lines, electric, cable television, and other telecommunication lines, etc., shall be placed underground.
§ 420-5.13 Application for rezoning.
A.
The applicant shall file an application for rezoning with the Zoning Administrator. The application shall consist of three primary sections: a narrative, an existing conditions map, and a PD-MU master plan. Prior to submitting an application for rezoning, the applicant is encouraged to hold public meetings to receive public input regarding the proposed project.
(1)
Narrative.
(a)
A general statement of objectives to be achieved by the planned district, including a description of the character of the proposed development and the market for which the development is oriented;
(b)
A list of all adjacent property owners;
(c)
Site development standards, including, but not limited to, density, setbacks, maximum heights, and lot coverage;
(d)
Utilities requirement and implementation plan;
(e)
Phased implementation plan;
(f)
Comprehensive sign plan;
(g)
Statements pertaining to any architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc.; and
(h)
List of exceptions or differences from the zoning requirements, if any are being requested.
(3)
PD-MU master plan. The preliminary PD-MU master plan shall be of sufficient clarity and scale to accurately identify the location, nature, and character of the proposed Planned Development - Mixed Use District. At a minimum, the preliminary PD-MU master plan shall include the following:
(a)
Proposed layout of the planned development - Mixed Use District, including the general location of uses, types of uses, density range of uses, and a landscaping plan;
(b)
Building heights;
(c)
Methods of access from existing state-maintained roads to proposed areas of development;
(d)
General road alignments;
(e)
General alignments of sidewalks, bicycle and pedestrian facilities;
(f)
A general water layout plan indicating the intended size and location of primary lines and the general location of fire hydrants (e.g., one every two blocks, etc.);
(g)
A general sanitary sewer layout indicating the size and location of primary lines, and the location of pump stations;
(h)
A general plan showing the location and acreage of the active and passive recreation spaces, parks and other public open areas; and
(i)
A stormwater management plan detailing both stormwater quantity and quality mitigation measures and best practices.
B.
Additionally, an environmental assessment and a traffic study may also be required to be submitted as part of the application package. The environmental assessment should detail any project impacts on FEMA-identified flood areas and slopes greater than 25%. The traffic study should quantify existing and projected traffic levels on all adjacent streets, and at all proposed entrances.
C.
The City Attorney shall review any property owner's or other association's charter and regulations prior to final site plan approval.
D.
The Planning Commission shall review the preliminary PD-MU master plan for the proposed Planned Development - Mixed Use District in light of the goals enumerated in the Comprehensive Plan, consider it at a scheduled public hearing, and forward its recommendation along with the preliminary PD-MU master plan to the City Council for consideration. The City Council shall hold a public hearing thereon, pursuant to public notice as required by the Code of Virginia, § 15.2-2204, after which the City Council may make appropriate changes or corrections in the ordinance or proposed amendment. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by the Code of Virginia, § 15.2-2204. Such ordinances shall be enacted in the same manner as all other ordinances. The plan and narrative approved by the City Council shall constitute the final PD-MU master plan for the Planned Development - Mixed Use District.
(1)
The Planning Commission shall approve the master plan when it finds, after reviewing a report from the Zoning Administrator and after holding a public hearing thereon, that the development shown on the master plan is in compliance with the requirements of the Planned Development - Mixed Use District and other applicable provisions of this chapter. Planning Commission approval requires the following findings be made.
(a)
The proposed development:
[1]
Will not be detrimental to the public health, safety and welfare or unduly injurious to property values or improvements in the neighborhood;
[2]
Enhances the Lexington community's sense of place and character and is a better design than can be produced through traditional zoning districts;
[3]
Incorporates high-quality architectural design and provides gradual transitions to surrounding land uses using design features, such as setbacks, height step-downs, and landscaping;
[4]
Improves sidewalk and pedestrian access and adds green infrastructure as appropriate;
[5]
Provides adequate parking to avoid impact on adjacent areas;
[6]
Screens parking from off-site views using plants and at gateways incorporates special signage, public art, and/or landscaping to create a sense of arrival into the City;
[7]
Does not conflict with the policies and principles of the City's adopted Comprehensive Plan;
[8]
Demonstrates that adequate public services are or will be available; and
[9]
Addresses any associated traffic study.
(b)
Otherwise, the Commission shall disapprove the plan.
(2)
The action of the Commission shall be based upon a finding of fact, which shall be reduced to writing and preserved among its records. The Commission shall submit to the Council a copy of its finding and a copy of the PD-MU master plan, together with its recommendations.
(3)
Amendments to the PD-MU master plan may be accomplished by the same procedure as for an original application.
E.
Once the City Council has approved the final PD-MU master plan, all accepted conditions and elements of the plan shall constitute proffers, enforceable by the Zoning Administrator.
F.
The Zoning Administrator shall approve or disapprove a final site plan within 60 days from the receipt of such plan. The site plan shall be in substantial conformance with the approved final PD-MU master plan. Such final site plan may include one or more sections of the overall Planned Development - Mixed Use District and shall meet all applicable federal, state, and City regulations.
G.
A property owners' association shall be established to provide for the ownership, care and maintenance of all common open space areas and other common facilities and improvements unless all real property within the district is owned by a single entity. All common open space, facilities and improvements shall be dedicated to the property owners' association, and no land within privately owned lots shall be considered common open space. All property owners' associations shall be created by covenants and restrictions recorded among the land records of the City of Lexington, and all such covenants shall include provisions for the maintenance of common open space, facilities and improvements. The property owners' association shall be responsible for the maintenance of all common open space, facilities and improvements in a reasonable condition. All open space areas shall be landscaped as shown on the adopted PD-MU master plan and shall be kept in a clean, attractive and safe condition. All open space areas shall be kept open to and available for use by the residents of the planned community.
§ 420-5.14 Amendments to the PD-MU master plan.
Where sections of the Zoning or Subdivision Ordinance are deemed to be in conflict with the goals of the final PD-MU master plan, the rezoning application shall be considered a waiver or modification to these sections if specified in the final PD-MU master plan. Otherwise, the applicant must provide a clear explanation as to why certain regulations are in conflict with the final PD-MU master plan, demonstrate that the public's health, safety and welfare will not be compromised, and request the specific waivers or modifications to be considered by the City after a public hearing. Amendments to the master plan may be accomplished by the same procedure as for an original application.