The planned development district includes the planned unit development-waterfront (PUD-W) and planned unit development-mixed use (PUD-MU) zoning districts. It is intended to provide for variety and flexibility in design necessary to implement the various goals and objectives set forth in the comprehensive plan. In addition, these regulations are intended to promote economical and efficient land use through unified development; improved levels of amenities; appropriate and harmonious physical development; creative design; and a better environment than generally realized through conventional district regulations. In view of the substantial public advantages of a planned development, these regulations are intended to encourage the planned development approach in areas appropriate in terms of location and character.

Planned development districts shall be developed to provide for the comfort and convenience of residents and/or visitors; to facilitate the protection of the character of surrounding lands, and neighborhoods; and to lessen traffic impacts through a reasonably short travel time between origins and destinations of persons living, working, or visiting in such developments. Housing, commercial and service facilities and places of employment shall be related either by physical proximity or by adequate street networks so as to promote these objectives.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

The regulations in article VIII.2 shall apply to the establishment and regulation of all planned development districts.

An applicant may request that any requirements of article VIII.3 or article VIII.4 be modified if it is found;

(1)

That the requirements are inconsistent with planned development design principles and

(2)

That the modification is consistent with the intent and purposes of the planned development district under the particular circumstances.

If the applicant requests such a modification as part of the master plan, the applicant shall submit the request in writing as part of the application, and shall demonstrate that the modification would not adversely affect the public health, safety or general welfare and, in the case of a requested modification, that the public purposes of the original regulation would be satisfied to at least an equivalent degree by the modification. Any request for such a modification from the regulations specified in the zoning, subdivision, site plan and sign ordinances shall be reviewed and considered as part of the master plan. In areas where modifications in accord with this article are granted and render landscaping as defined in this ordinance ineffective, fences /walls in accord with sections 8.4-10 or 8.3-10, as applicable, shall be utilized.

Subsequent to the approval of the master plan, any additional modifications of the requirements of the zoning, subdivision, site plan and sign ordinances must be reviewed by the planning commission and city council pursuant to sections 8.2-7 and 8.2-8 of this article. In addition to making the findings required for the granting of a modification, such modification may be granted only if it is also found to be consistent with the intent and purposes of the planned development district under the particular circumstances.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

A planned development is a development that meets all of the following criteria: (1) the land is under unified control and will be planned and developed as a whole; (2) the development is in general accord with one or more approved master plans; and (3) the development will provide, operate and maintain common areas, facilities and improvements for some or all occupants of the development where these features are appropriate.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

A planned development district may be established in any development area identified in the comprehensive plan as a mixed use.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

Each application for a planned development district shall be submitted in the same manner as other zoning map amendments. The documents required by subsections (a) through (g) below shall be prepared by licensed professionals and shall be submitted with the application. The zoning administrator may request additional plans, maps, studies and reports which are deemed reasonably necessary to analyze the application:

(a)

A regional context map at a scale of not less than one inch equals 1,000 feet showing topography at a minimum of one foot intervals, surrounding properties, improvements to those properties, surrounding public streets, private roads, and other thoroughfares;

(b)

Community impact statement. The community impact statement shall describe the probable effects of the proposed development upon the community. At a minimum, it shall address the following topics:

(1)

Adequacy of existing public facilities and services to serve the development. Analysis shall be made of sewer, water, schools, fire stations and other major locally financed facilities;

(2)

Additional on-site and off-site public facilities or services which would be required as a result of the development;

(3)

A traffic impact study shall be prepared by an individual or firm qualified to conduct traffic engineering studies in a manner and form acceptable to the zoning administrator. Such study shall address projected traffic generation, internal and external traffic, turning movements and distribution at each access point, capacity of surrounding roads, and road and access improvements;

(4)

Fiscal impact of the proposed project such as estimated revenues to be generated versus the cost of public improvements/services necessary to support the development. Such study shall be prepared by an individual or firm qualified to conduct a fiscal impact analysis in a manner and form acceptable to the zoning administrator;

(5)

Impact of construction and permanent changes in land use upon surrounding property, such as aesthetics, vegetation, stormwater drainage, noise and air or water pollution; and

(6)

Employment opportunities to be generated by the development.

(c)

An accurate boundary survey of the tract or plan limit showing the location and type of boundary evidence;

(d)

A map showing:

(1)

The following existing physical conditions: identification of specimen trees, tidal and nontidal wetlands, resource protection areas, streams, wooded areas, floodplain and historic structures and sites included in the records of the Virginia Department of Historic Resources;

(2)

Existing topography accurately shown with a one-foot contour interval at a scale of not less than one inch equals 100 feet;

(3)

Existing roads, easements, and utilities;

(4)

The existing owners and zoning district;

(5)

The present use of adjoining tracts and the location of structures on adjoining parcels, if any; and

(6)

The existing location and the size of ingress and egress to the site.

(e)

An application plan based on a minimum of two data references for elevations to be used on plans and profiles showing:

(1)

The areas to be designated as preservation areas, if appropriate, and areas to be designated as conservation areas, such as streams, wooded areas, specimen trees, endangered species, tidal and nontidal wetlands, and other significant environmental features;

(2)

The proposed grading/topography with one foot contour intervals;

(3)

The general location of proposed streets, alleys, sidewalks, and pedestrian paths;

(4)

Typical street cross-sections to show proportions, scale and streetscape;

(5)

Connections to existing and proposed streets, as well as proposed thoroughfares shown on the comprehensive plan;

(6)

Trip generation figures;

(7)

The general lay-out for the water and sewer systems, conceptual stormwater management, and a conceptual mitigation plan;

(8)

The location of central features or major elements within the development essential to the design of the development, such as major employment areas, parking areas and structures, civic areas, parks, open space, green spaces, amenities and recreation areas;

(9)

A summary of land uses including dwelling types and densities, and the gross floor areas for commercial uses;

(10)

The general lot layout;

(11)

Standards for development including proposed yards, building heights, open space characteristics, and any landscape or architectural characteristics related to scale, proportions, and massing within and at the edge of the district; and

(12)

A landscape plan.

(13)

A lighting plan.

(f)

Architectural sketches of typical proposed residential and nonresidential structures, typical recreation areas, typical landscaping and screening areas, and typical development clusters. In addition, architectural specifications, guidelines, review procedures, statement of architectural variety and enforcement mechanisms for architectural review of all buildings and structures shall be provided; and

(g)

Covenants and restrictions, including maintenance agreements, for the proposed development.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

Prior to the submission of a planned development the applicant is strongly advised to attend a joint meeting with the planning, engineering, and zoning staff to review the proposed development master plan concept. The purpose of the preapplication conference shall be to assist the applicant in ensuring that the plan and the documents to be formally submitted for review generally comply with all of the applicable regulations, and to identify as soon as possible conflicting regulations and needed modifications.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

Each master plan for a planned development shall be reviewed by the planning commission as follows:

(1)

The commission shall consider and make its recommendation to the city council on each plan for a planned development district within 90 days of the date the complete application is referred to the planning commission. Within the time provided to make a recommendation, the planning commission shall conduct a public hearing pursuant to Code of Virginia (1950) § 15.2-2204, as amended.

(2)

In making its recommendation on the plan to the city council, the commission shall determine the following:

a.

The suitability of the tract for the proposed planned development in terms of its relation to all applicable provisions of the comprehensive plan; physical characteristics of the land; and its relation to the surrounding area;

b.

The relation of the proposed planned development to roads, utilities, public facilities and services; and

c.

Each requested modification, including whether the requirements of section 8.2-2 are satisfied.

(3)

Depending on its findings, the commission shall either recommend approval of the plan as proposed, approval of the plan with changes or disapproval. If a period of 90 days has elapsed after the date of referral to the planning commission the plan shall be deemed approved by the planning commission and forwarded to city council.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

The city council shall consider and act on each application for a planned development district upon receiving a recommendation from the planning commission. Approval of the application by council shall constitute approval of the master plan and all standards for development submitted by the applicant and shall also identify proffers that have been accepted and modifications granted.

Once approved, the master plan, all submitted standards for development, and all accepted proffers shall be included as part of the zoning regulations applicable to the planned development.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

Each site plan and subdivision plat submitted for development in a planned development shall comply with the following:

Generally. Each site plan for a planned development shall comply with appendix C, Site Plan Ordinance, of the Code of Ordinances of the City of Poquoson, subject to the modification of any such regulation pursuant to section 8.2-7(2)c. Each subdivision plat for a planned development shall comply with appendix B, Subdivision Ordinance, of the Code of Ordinances of the City of Poquoson subject to the waiver, variation or substitution of any such regulation pursuant to section 8.2-7(2)c.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

Each preliminary and final site plan, or subdivision development plan and plat for a planned development shall be reviewed for compliance with the applicable regulations: (1) in effect at the time the lands was zoned as a planned development district; or (2) those regulations currently in effect, as elected by the applicant. In addition, each preliminary and final site plan or subdivision development plan and plat for a planned development shall be reviewed for compliance with the following:

(a)

The approved plan and the approved standards for development, the accepted proffers, and the authorized modifications and any conditions imposed therewith, if any; and

(b)

The permitted uses within the planned development zoning district, including all proffers as determined by the zoning administrator.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

A variation of an approved site plan or subdivision development plan or plat for a planned development may be allowed as provided herein:

(a)

The zoning administrator is authorized to grant a variation from the following provisions of an approved plan, code or standard:

(1)

Minor variations to yard requirements, maximum structure heights and minimum lot sizes;

(2)

Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same;

(3)

Changes to phasing plans;

(4)

Minor changes to landscape or architectural standards; and

(5)

Minor variations to street design.

(b)

The applicant shall submit a written request for a variation to the zoning administrator. The request shall specify the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation. The zoning administrator may reject a request that fails to include the required information.

(c)

The zoning administrator is authorized to grant a variation upon a determination that the variation: (1) is consistent with the goals and objectives of the comprehensive plan; (2) does not increase the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4) does not require a conditional use permit; and (5) is in general accord with the purpose and intent of the approved application.

(d)

Any variation not expressly provided for herein may be applied for by rezoning.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

Building permits and erosion and sediment control permits may be issued as provided herein:

(a)

A building permit, including any special footings or foundation permits, may be issued for any work within a planned development, excluding the installation of street signs, only after the approval of the final site plan or final subdivision plat in the area in which the permit would apply.

(b)

An erosion and sediment control permit may be issued for site preparation grading associated with an approved planned development if a satisfactory erosion and sediment control plan has been submitted and reviewed in conjunction with the application plan, the proposed grading is determined to be consistent with the approved application plan, a stormwater permit has been issued, and a Stormwater Pollution Prevention Plan (SWPPP) has been approved. If enough detail is not provided on the approved master plan to ensure consistency, no erosion and sediment control permit shall be issued until the final site plan is approved, or the final plat is tentatively approved.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)

Each amendment to a planned development district shall be submitted and reviewed as provided in Article VIII.2. In addition, with each application to amend the area of the planned development district, proffers, the master plan, or the general development plan within an area that is less than the entire district, the applicant shall submit a map showing the entire existing planned development district and identifying any area to be added to or deleted from the district, or identifying the area to which the amended proffers, master plan, or general development plan will apply.

The following nonrefundable fees shall be paid upon filing:

(1)

Master plan:

a.

One thousand two hundred fifty dollars plus $100.00 per acre (fee includes rezoning application, master plan and supporting documentation review fee).

(2)

Site plans review fee:

a.

Three hundred dollars plus $3.00 per 1,000 square feet of gross floor area of all nonresidential structures.

b.

Two hundred dollars plus $10.00 per dwelling unit for residential structures.

c.

One hundred fifty dollars for erosion and sediment control.

d.

Inspection fees as prescribed in the site plan ordinance.

(3)

Subdivision development plan review fee:

a.

Three hundred dollars per plan plus $40.00 per lot.

b.

One hundred fifty dollars for erosion and sediment control.

c.

Two hundred dollars plan resubmission fees (for third and each subsequent submittal of development plans).

d.

Development fees as prescribed in the subdivision ordinance.

e.

Three hundred dollars for final recordation plat review.

(4)

Sign permits:

a.

Twenty-five dollars per sign.

(5)

All other fees associated with development in the City of Poquoson including, but not limited to, bonds, land disturbance permits, building permits, et cetera.

(6)

Beginning January 1, 2022, fees will be adjusted annually, if necessary, to reflect the consumer price index as determined by the Federal Government rounded to the next dollar.

Any person desiring to develop land in accordance with this article shall prepare and submit 20 copies of the application documents with associated payments and fees to the zoning administrator for processing.

(Ord. No. 1349, § 1, 11-23-2009; Ord. No. 1474, § 1, 10-28-2013; Ord. No. 1691, § 1, 9-13-2021)