The TND Overlay District (TND-O) provides the regulatory framework upon which the city may consider by-right applications for traditional neighborhood developments (TND) or other mixed-use forms of land use in designated areas. This includes those areas of the city designated as urban development areas. The overlay approach encourages applicants to utilize the TND-O District as an approach to developing a more flexible mix of uses at more compact densities than would be allowed in the underlying zoning districts. The principal aim of any TND-O District project is to expand and enhance the city's urban areas in order to best serve existing and future Martinsville residents and businesses.

The TND-O District should be employed when a more creative approach is deemed to best serve the objectives of the comprehensive plan and, more particularly, the neighborhood in which a project is proposed. The TND-O District is intended to better define the mix, scale, character, form and intensity of any given new development or redevelopment proposal than otherwise achievable under conventional zoning regulations. The district encourages design flexibility and places an emphasis on the physical form of the built environment. While single use projects may be permitted on smaller parcels, the principal TND goal is to create a mix of uses with flexible approaches to organizing building, streets, density and complementary civic spaces.

Areas where the TND-O District may be applied are established by the official zoning map. The specific characteristics of an individual TND-O project shall be established by a code of development established by the applicant and approved by the city. In order to respect the uptown and land use patterns along major entrance corridors, the city's comprehensive plan may recognize distinct planning sub-areas and corridors appropriate for TND-O development.

Individual buildings should be defined by varying scale and architectural styles. Except where constrained by geographical location, parcel size, terrain features, and environmental conditions, each TND-O project shall have a mix of uses. Vertically integrated uses (e.g. the placement of residential or other uses above office and retail uses) are encouraged in the mixed-use components of a TND project.

The application plan for a TND-O project shall demonstrate a strong physical interrelationship to contiguous parcels and neighborhoods, individual buildings, civic spaces, infrastructure, and landscaping that creates a sense of place and community. By-right land use applications in the TND-O District shall be evaluated on the basis of how well the project demonstrates compatibility with the purpose and intent of this section as well as to the following principles:

1.

Appropriate location and densities. Establish viable areas for residential and commercial land uses in the city at a compact, but pedestrian, scale, with appropriate urban densities, that are located either within or contiguous to existing developed.

2.

Mix of uses. Establish a blended mix of residential and non-residential land uses that reflect Martinsville's comprehensive planning objectives, enhance the quality of life of those who live there, and best serve the demands of future Martinsville residents.

3.

Variety of housing. Create a variety of housing types to meet the range of projected family income distributions of both existing residents and future residential growth.

4.

Lot types and geometry. Encourage better spatial organization through the reduction of front and side yard building setbacks and smaller lot sizes.

5.

Pedestrian and vehicle compatibility. Incorporate a network of pedestrian-friendly road and street designs for projects where new or upgraded streets are to be introduced.

6.

Design standards TND streets: Reduce subdivision street widths and provide contemporary standards for street landscaping, pedestrian improvements, and pavement design.

7.

Neighborhood connectivity. Establish interconnectivity between streets and pedestrian networks within the TND project.

8.

Local and regional transportation connectivity. Promote the interconnection of new local streets with existing local streets and the city's existing collectors and thoroughfares.

9.

Environmental preservation. Ensure the preservation of Martinsville's sensitive environmental areas and open space in conjunction with the TND planning process.

10.

Adequate public infrastructure. Demonstrate (a) the availability and adequacy of public water and sewer systems and other requisite public infrastructure, or (b) the ability to concurrently provide for these systems and infrastructure.

11.

Phasing of development. Plan for the phasing of TND-O development within the UDAs that is consistent with the city and region's anticipated population and employment growth as well as public facilities and infrastructure capacity.

1.

The TND-O District shall be established by and depicted on the official zoning map.

2.

There shall be no minimum or maximum size for a TND-O District project.

3.

The proposed size and configuration of a TND-O District development area to be located within an existing TND-O District shall be described by a current boundary plat prepared by the applicant. The plat shall establish the metes and bounds and acreage.

4.

Requests by an applicant for modification to the geographical expansion of a previously approved TND-O District project within a TND-O District constitute a major change and shall require a new application.

1.

The land use permitted within a TND-O project shall be established by the code of development and application plan for the project. The applicant shall have the option to propose any by-right or special permit land use contained in this ordinance.

2.

Any subsequent proposed use that is not specifically included in the approved code of development may be considered subject to a formal amendment to the code of development.

3.

The city, at its sole discretion, may approve, disapprove, or modify any proposed uses and, further, may establish certain prohibited or restricted uses as a condition of approval of the code of development.

1.

Subject to project size and location, a mix of land uses and lot types is recommended for TND-O projects. The applicant shall have the flexibility to propose a varied mix of uses, and lot types. Prior to site plan and plat approval, these shall be established by the application plan and code of development.

2.

Lot development standards shall establish yard and setback requirements, building heights, lot types and lot area, building frontage ratios (building width/lot width), lot coverage ratios, development density for individual land uses, and mix of land uses by land use category.

1.

The Code of Development for any TND-O District project shall establish both minimum and maximum development densities for initial and future phases of project development. Proposed densities should be consistent with any minimum or maximum densities provided by the city's comprehensive plan, or other applicable planning documents.

2.

Recommended minimum density. Proposed developments in the TND Overlay should have an average density for residential and non-residential uses that exceeds the density of development that would be allowed, or that would be likely, under the underlying zoning district. Development densities should be considered for net developable area, and measured in units per acre for residential uses and floor area ratio for non-residential uses.

3.

Recommended maximum density. Proposals within the TND Overlay should present a high density and high quality mixed use development, but should remain generally in scale with the city's comprehensive plan recommendations for future growth, and should not exceed the capacity of the city's infrastructure to support such growth. The following maximum density recommendations for TND-O projects are therefore established. Development densities should be considered for net developable area, and measured in units per acre for residential uses and floor area ration for non-residential uses.

4.

Residential density. The total number of residential dwelling units permitted in a TND-O District shall be based on the residential density for each dwelling type multiplied by allocation of that use to the net developable area of the project. The net developable area is defined as the gross area of the site less the area of the following land characteristics:

a.

Wetlands and water features;

b.

One hundred-year floodplain;

c.

Terrain with slopes thirty (30) percent or greater; and

d.

Existing developed land uses; and

e.

Areas of other remaining active land use or permanent infrastructure that would be restricted to development (e.g. transmission line, sewer pump station, etc.).

The application plan shall provide exhibits and calculations for the net developable area of the TND-O project.

(For example, if twenty (20) percent of a hypothetical fifty (50) net acres of a proposed TND-O project is to be allocated to townhouse development with a minimum density of eight (8) DU/AC and a maximum density of twelve (12) DU/AC, the range in allowable townhouse density would be calculated as follows: Maximum density: twenty (20) percent times fifty (50) net acres times twelve (12) DU/AC = one hundred twenty (120) townhouse dwelling units. Minimum density: twenty (20) percent times fifty (50) net acres times eight (8) DU/AC = eighty (80) townhouse dwelling units.

5.

Non-residential density. The total gross floor area (GFA) of non-residential uses permitted in a TND-O District shall be based on the floor area ratio (FAR) for each non-residential use multiplied by allocation of that use to the net developable area of the project. The net developable area is defined as the gross area of the site less the area of the following land characteristics:

a.

Wetlands and water features;

b.

One hundred-year floodplain;

c.

Terrain with slopes thirty (30) percent or greater; and

d.

Existing developed land uses; and

e.

Areas of other remaining active land use or permanent infrastructure that would be restricted to development (e.g. transmission line, sewer pump station, etc.).

The code of development shall provide exhibits and calculations for the net land area of the TND-O project.

(For example, if twenty (20) percent of a hypothetical fifty (50) net acres of a proposed TND-O project is to be allocated to commercial retail development with a minimum floor area ratio of 0.50 FAR and a maximum floor area ratio of 2.0 FAR, the range in allowable commercial retail density would be calculated as follows: Maximum density: twenty (20) percent times fifty (50) net acres times 2.0 FAR times forty-three thousand five hundred sixty (43,560) SF/AC = eight hundred seventeen thousand two hundred (817,200) SF GFA. Minimum density: twenty (20) percent times fifty (50) net acres times 0.5 FAR times forty-three thousand five hundred sixty (43,560) SF/AC = two hundred seventeen thousand eight hundred (217,800) SF GFA.

The review and approval of an application plan and its corresponding code of development shall be guided by the principles of the city's adopted comprehensive plan, and by the principles outlined in this section.

1.

TND application plan. The application plan represents a master development plan that establishes the uses, size, location, and configuration for the TND-O District project and other internal planning areas (parks, open space, dedicated areas, etc.). It provides preliminary design detail for the project's transportation network, land use layout, and other key components of development of the property, including but not limited to the requirements for a concept plan, as outlined in section IV, Site Development Plan Requirements. The application plan supplants the requirement for a concept plan. Upon approval of the application plan, a final plat and site plan shall be required for each individual project or phase to be developed within the TND-O District.

a.

Existing conditions plan depicting existing land uses, existing road and utilities, dedicated rights-of-way and easements, historic and cultural features, tree coverage, and sensitive environmental areas of the property, including one hundred-year floodplain, wetlands, slopes greater than thirty (30) percent, unbuildable areas, and other features as may be required by the zoning administrator.

b.

Certified boundary plat, deed description, tax map reference and underlying zoning district designation of the property (or properties) subject to the TND-O District zoning application, zoning district designations and ownership of adjoining properties, and topographic mapping (minimum one inch equals fifty (50) feet horizontal scale and two-foot contour intervals, or at a scale and interval as otherwise approved by the zoning administrator).

c.

Graphic plan exhibit depicting any neighborhoods or sub-areas of the proposed development; to include the size and boundary of each, where applicable (to be prepared at a minimum one inch equals fifty (50) feet horizontal scale or at a scale as otherwise approved by the zoning administrator).

d.

Graphic plan depicting the proposed location, size and amenities to be provided in public and private open spaces, buffer areas, public parks, environmental preservation areas, and recreation areas.

e.

Graphic plan exhibit depicting the projected development phasing plan, if development is to be constructed in more than one phase.

f.

Concept plan depicting the general location of planned mix of uses and lot types for uses (to be prepared at a minimum one inch equals fifty (50) feet horizontal scale or at a scale as otherwise approved by the zoning administrator).

2.

Code of development. A narrative report and graphic exhibits to supplement the application plan. The code of development establishes the project's governing land use regulations, development criteria, and guidelines, to address the following:

a.

A statement of compatibility of the proposed project with the city's TND-O District and comprehensive plan land use policies.

b.

Lot types and lot development standards, to incorporate standards for proposed individual land uses and lot types.

c.

Table of proposed by-right land uses (and conditions related thereto) and specific land use exclusions applicable to use.

d.

Graphic representation of proposed generalized building forms, types and densities.

e.

Residential lot mix, to address, where applicable, proposed mix of residential lot types within the project, to include documentation for proposed lot variations and special conditions.

f.

Non-residential lot mix, to address, where applicable, proposed of commercial, institutional, and other non-residential lot types within the project.

g.

Statement of minimum and maximum density and corresponding land use yield for each proposed use.

h.

A signage plan which establishes a uniform sign theme with graphic representation of the design character, style, number, size, height, and number of signs to be permitted with the project. Signs shall share a common style, as to size, shape, and material. Where signs otherwise vary in requirements with the existing city sign ordinance, the applicant shall provide justification for the proposed variation. Upon approval of the application plan and code of development, the signage plan shall regulate all signs within the TND-O District in lieu of the city's sign ordinance.

i.

Projection of planned project's infrastructure demands on public water, sewer and other facilities and infrastructure, and an assessment of availability and adequacy of existing public infrastructure and facilities.

3.

Street classification plan. For any TND-O District project that proposes to construct new streets (public or private), a regulating street classification plan shall graphically address and depict the street system, street types, and streetscape design criteria for the types of vehicular and pedestrian access improvements within the project:

a.

Street master plan for the alignment and classification of the project's street system, identifying interior and frontage streets, and including designation of street types, block lengths and geometry, alley locations, and pedestrian improvements within each project.

b.

Graphic standards to illustrate plan and street cross sectional views, including right-of-way, pavement width, sidewalk location, intersectional design, and related easement specifications, for individual streets types (including alleys and pedestrian improvements).

c.

Design guidelines for public hardscape, landscaping, street lighting, and placement of utility, storm drainage, and related infrastructure, including easement requirements and regulations.

4.

Building form and landscape design guidelines. Documentation and graphics to describe the proposed characteristics of building design and landscape architectural improvements for the TND-O District project:

a.

Graphic representation of proposed architectural themes.

b.

Building form and styles, to address building scale, architectural proportions, and heights for uses within the project.

c.

Landscape design guidelines to depict proposed landscape treatment of streets, neighborhoods, civic spaces, open areas, parking areas, and other activity centers within the project.

5.

Schematic infrastructure plans. Schematic plans shall be prepared of sufficient alignment and design detail to demonstrate the feasibility and functionality of the project to the satisfaction of the city to address the following:

a.

Storm drainage, stormwater management facilities, and best management practices.

b.

Sanitary sewer.

c.

Domestic water.

d.

Site grading (proposed finished grades at minimum two-foot contour intervals and one inch = fifty (50) feet horizontal scale, or at a scale and interval as approved by the zoning administrator).

e.

Easement specifications and requirements for each public utility and facility, to include coordination requirements and agreements that may be needed by and between utility providers and the city.

6.

Traffic impact analysis.

a.

The zoning administrator shall determine whether or not the subject TND-O District project shall require a traffic impact study.

b.

If a 527 (or similar) Traffic Impact Analysis is required by VDOT regulations, the applicant shall prepare and submit a pre-scope of work meeting form to the city on or before the date of formal submission of the zoning district amendment application. The pre-scope form shall be processed, reviewed by and between the city, VDOT and the applicant in accord with adopted regulations and procedures.

c.

If a 527 Traffic Impact Analysis is not required by VDOT regulations, the zoning administrator may require an abbreviated traffic study. The applicant shall meet with the zoning administrator to determine the scope for a traffic analysis for the TND project. The traffic analysis shall be submitted with the zoning amendment application. Study requirements may include the following:

1.

Existing traffic counts (a.m. and p.m. peak hour) at intersections to be identified by the city.

2.

Trip generation estimates for the planned land uses within the proposed development, employing ITE methodologies.

3.

Trip distribution and assignments to the existing road network of traffic projected for the development at full-buildout.

4.

Estimates of background traffic growth on impacted streets and highways.

5.

Analysis of future conditions, to include level of service calculations for impacted intersections.

6.

Signal warrants analysis.

7.

Statement of recommended transportation improvements.

7.

Additional application requirements and agreements.

a.

The applicant shall identify and establish standards for TND utility and infrastructure design and easement requirements. The applicant shall also identify and establish procedures to pursue any required modifications of existing city zoning, subdivision, and construction design standards, as applicable to implement the proposed project.

b.

The applicant shall establish agreements for public ownership, management, and maintenance of properties within the project to be dedicated to public use, including parks, civic areas, open space, stormwater management facilities, and recreational facilities, where applicable, and establish rules for common property ownership and maintenance, if applicable.

c.

The applicant, in conjunction with the city, shall establish design criteria and use conditions for each land use subject to special use permit approval.

d.

The applicant shall provide written request and adequate documentation in support of any amendment, waiver or modification associated with the TND application plan.

e.

If all or any portion of the property is to have land or improvements that are to be dedicated to a property owner(s)' association, the applicant shall identify the property or improvements subject to dedication and shall submit draft articles of incorporation, by laws, and related operating documents for city review.

1.

Pre-application meeting. The applicant shall schedule a meeting with the zoning administrator for an introductory work session to discuss the key elements and impacts of the proposed project. The zoning administrator and other plan review committee representatives shall provide guidance on:

a.

Application requirements (see application plan checklist);

b.

Timeframe for processing of the application plan and code of development;

c.

Comprehensive plan considerations;

d.

Identification issues related to public infrastructure and facilities; and

e.

Other matters as may be uniquely related to the applicant's property. The applicant and zoning administrator shall review the application plan checklist requirements and determine the specific items to be included with the subsequent formal application plan.

At this meeting, the applicant shall present a sketch plan that depicts the following:

a.

General boundary and location of property subject to rezoning application;

b.

Land area to be contained within the TND-O District;

c.

Conceptual plan for the project;

d.

Planned mix of land uses and densities; and

e.

General approach for the provision of adequate transportation, infrastructure and community facilities.

2.

TND application staff review. Upon completion of the pre-application meeting, the application plan and code of development shall be prepared, and the applicant shall schedule a meeting with the zoning administrator to submit and initially review the contents for completeness. Within five (5) working days of the completion of the meeting, the zoning administrator shall notify the applicant in writing if the application package meets the city's expectations for completeness.

If the application plan package does not meet expectations, the zoning administrator shall provide written notification to the applicant of the additional requirements necessary to establish a complete application. Once an application has been deemed a formal "complete application" by the zoning administrator, the application package shall be distributed for formal review in accord with city policy. An incomplete application will not be reviewed.

3.

TND-O project review committee meeting. The zoning administrator shall notify the applicant upon completion by city staff and relevant agencies of the first review of the application plan and code of development. Written comments shall be provided to the applicant at the first staff review meeting. The applicant shall revise and resubmit materials as necessary to satisfy city comments. If required, a second staff review meeting shall be conducted.

4.

Planning commission work session. A work session with the planning commission may be requested by either the applicant or the zoning administrator at any time subsequent to plan review committee meeting.

5.

Planning commission public meeting. One or more public meetings may be conducted by the planning commission to review and take formal action on the applicant's project.

6.

Public notifications and work sessions. The city may determine it is in the public interest to schedule a work session or community meeting at any time during the application process.

7.

The requirements of the TND-O application plan shall constitute the requirements of a preliminary subdivision plan under the requirements of the subdivision ordinance.

8.

The approval of the TND-O project does not constitute the approval of a final subdivision plat or public improvements plans. Refer to the subdivision ordinance for the subject requirements.

9.

Changes and modifications to an approved application plan and code of development. Any subsequent changes and modifications, the code of development, or other elements related to the original conditions for approval of the TND-O District project shall be submitted by the applicant to the zoning administrator. The zoning administrator shall determine whether the requested change is a major or minor change. Major changes shall require approval by the planning commission. Minor changes shall require approval by the zoning administrator, who, at his/her discretion, may obtain recommendations from the planning commission. The city, at its discretion, may establish policies for major and minor changes.

1.

The applicant shall clearly identify and document all waivers, variances and modifications, if applicable, to existing city codes, ordinances, and development standards that may be required to implement the proposed application plan and code of development.

2.

Documentation to be submitted with application plan or code of development shall (a) address the justification for each requested waiver, modification, or development standard, and (b) recommend alternative substitute proposals, including design and construction standards, where applicable. Graphic exhibits shall clearly depict areas and locations where the waiver, variance, or modifications impacts the proposed project.

3.

The planning commission, upon its consideration of the recommendation of the zoning administrator, may, at is sole discretion, act to approve, modify, or deny each requested waiver, variance, or modification.

4.

No approval or modification shall be granted by the planning commission for any waiver, variance, or modification in the absence of an adequate and sufficient substitute, including design and construction details and standards, where applicable. Where a waiver, variance, or modification is approved by the planning commission, the accepted substitute shall become a binding condition of the application plan approval.

5.

The city recognizes an approved TND application plan as having fulfilled its requirements for a preliminary subdivision plan or preliminary site plan. Upon such recognition, the applicant may proceed with the preparation of final plats and plans in accord with the approved application plan.

6.

Appeals to decisions of the planning commission related to this chapter may be made to the city council, provided that such appeal is filed in writing within thirty (30) calendar days of such decision.