(a)

PURPOSE. The purpose of the Mixed Use Development Overlay District (MUD) is to:

(1)

Provide for the orderly development of land while permitting flexibility in the design, construction and processing of mixed use developments of a quality which could not be achieved by traditional development under conventional zoning concepts;

(2)

Implement the policies of the Comprehensive Plan, as amended, to:

A.

Co-locate jobs and housing;

B.

Provide for mixed use centers that promote the retention and expansion of office, retail, research and development, and high technology uses;

C.

Develop a balanced and diverse housing stock; and

D.

Provide opportunities for residents to adopt a lifestyle that is less dependent on auto travel.

(3)

While the conventional zoning districts and the requirements of those districts set forth in the UDO are reasonable, there may be circumstances in which it is in the community's best interests to allow unique and/or creative mixed use development designs and techniques that:

A.

Revitalize older commercial corridors;

B.

Increase opportunities for infill development with mixed use projects;

C.

Encourage development that is less auto dependent; and

D.

Encourage mixed use pedestrian oriented development patterns where residents have services, shops, jobs, open space and access to transit within walking distance of their homes.

(b)

MINIMUM DISTRICT SIZE AND APPLICABILITY. Due to the fact that mixed use developments may be successful in both urban infill and suburban development applications, the following minimum district size must he met:

(1)

URBAN INFILL SITES. No minimum district size requirement. An urban infill site shall be considered a site located within the central core urban/suburban development area extending from the central business district to the Route 58 bypass.

(2)

SUBURBAN SITES: No parcel less than 20 acres shall be placed in a Mixed Use Development (MUD) Overlay District. A suburban site shall be considered a site located within the central core urban/suburban development area outside of the Route 58 bypass and all areas within the northern urban/suburban development area.

(c)

PROFESSIONAL DESIGN TEAM REQUIRED. An applicant for a Mixed Use Development (MUD) Overlay District approval shall certify, in writing at the time of application, that a member of each of the following professions will be used in the planning and design process for the proposed development of a master plan:

(1)

A licensed architect or a planner certified by the American Institute of Certified Planners (AICP);

(2)

A certified nurseryman or landscape architect; and

(3)

A Virginia registered engineer.

(d)

MARKET STUDY SUMMARY REQUIRED. An application for a Mixed Use Development (MUD) Overlay District shall contain a market study summary. The market study summary shall measure the market demand for the proposed development by uses proposed within the development such as residential, office, retail and service uses.

(e)

RESERVED.

(f)

JOBS-TO-HOUSING RATIO. No site plan for a Mixed Use Development shall be approved unless designated floor area for the non-residential districts yields not less than 1.0 employee for each residential dwelling unit. The number of employees shall be computed by dividing total floor area in the zoning districts set forth in column "A," below, by the square footage per employee factor in Column "B," below:

(g)

TRAFFIC IMPACT ANALYSIS. Any application for a Mixed Use Development (MUD) overlay district shall prepare a traffic impact analysis consistent with Appendix B, Submission Requirements, B-21. Typically, Mixed Use Developments have the potential to achieve trip reductions through internal capture of vehicle trips. Accordingly, the traffic impact analysis shall address any trip reductions anticipated.

(h)

ADEQUATE PUBLIC FACILITIES. Any Mixed Use Development (MUD) Overlay District has the potential to impact one or more publicly provided services. An adequate public facilities report shall be submitted to determine the impact of the development and any mitigating circumstances consistent with Section 31-601. Mixed Use Developments have the potential to achieve reduced student generation rates than typical residential development. Accordingly, the adequate public facilities report shall address anticipated student generation rates from the Mixed Use Development.

(i)

DESIGN GUIDELINES REQUIRED. An application for a Mixed Use Development (MUD) Overlay District shall contain comprehensive architectural design guidelines for the master plan which address at a minimum the following:

(1)

MASSING. The shape and form of a building provided by all, or a combination of, architectural elements such as roof configuration, spacing between buildings, setbacks from the street right-of-way, proportion of fenestration and entryways. building form, exterior building materials, building scale, architectural styles, and landscaping. Massing also involves the height to width ratio or enclosure ratio.

(2)

FACADE TREATMENT. The facade treatment is the architectural design of the exterior walls of a building exposed to public view or wall viewed by persons not within the building. Illustrated standards for building design and site design are needed to ensure a design that is sensitive to the site's features and immediate surroundings.

(3)

STREETSCAPE. Streets are public spaces and as such include the elements of street trees, street furniture, street graphics, fountains and other gathering places. Sidewalks are typically wider—up to ten feet. Trees and planters are appropriately placed along the edge of the street. Both the buildings and the street create the public space.

(4)

PEDESTRIAN ORIENTATION. All buildings are designed to encourage "pedestrian friendly" environments by limiting block lengths, requiring street connectivity, providing for narrower streets that slow traffic down and wider sidewalks. All retail business entrances shall be on the first floor (ground floor) to encourage pedestrian-scale activity.

(5)

GROUND FLOOR USES. For buildings that contain residential and non-residential uses, the first floor is usually reserved for retail activities with office use tending to be located on the second floors and above. The main street corners could be totally nonresidential with one to two major tenants.

A building that is used for residential units could have ground floor units but the design should complement the entrances of near-by businesses. Typically, ground floor residential uses should be elevated above finished grade to achieve a greater sense of privacy and security from the street for the residents.

(6)

ACCESS. Safe and convenient access in and out of a Mixed Use Development will require that a traffic analysis be performed to ensure that existing streets are not overwhelmed with traffic congestion. Within the Mixed Use Development, most cars would be parked and the occupants would walk to the various shops and businesses.

(7)

LANDSCAPING. Besides the streetscaping trees, an open space area should provide for a "soft" environment with grass, trees and shrubs. In spaces between buildings or on undeveloped parcels, landscaping should be provided. Small urban parks are also an important feature to be landscaped.

(8)

LOADING/TRASH COLLECTION. Loading and trash collection facilities should be located to the rear of the building and joint use of such facilities should be encouraged. Loading should not typically occur along the street. All trash collection facilities should be fully screened.

(9)

CANOPIES. Canopies provide cover for the pedestrian from sun or rain. It invites window-shopping and defines the entrance into a building. Canopies may or may not contain signage that is meant to be seen from a pedestrian scale.

(10)

STREETS. Street sections shall be provided for all proposed streets within the development. Both internal connectivity and external street connections shall be emphasized as well as minimizing block lengths.

(11)

TRANSIT-ORIENTED FEATURES. Transit service is to be planned for by providing bus pull-off sites that are placed within strategic locations of the Mixed Use Development. Bus shelters and benches are necessary as a service for passengers. Where potential opportunities for light rail exists, land dedication and/or reservation should be included in the approved designed.

(j)

MIXED USE ZONING.

(1)

PERMITTED PRINCIPAL AND ACCESSORY USES. All proposed uses within the proposed Mixed Use Development (MUD) Overlay District shall include a detailed summary of permitted principal and accessory uses. No use shall be permitted unless said use is listed as a permitted principal or accessory use. A variety of permitted uses are encouraged to provide a diversity of compatible uses. Typical suburban uses such as "big boxes" are not suitable.

(2)

YARDS AND HEIGHT. All proposed Mixed Use Development (MUD) Overlay Districts shall contain yard and height regulations for the proposed uses within the development, to include front yards, side yards, rear yards, building dimensions and space between buildings.

Both yard setbacks and height need to be adjusted to reflect the smallest practical lots. Guided by the enclosure ratios as noted in Section 31-602 (b)(5), zero setbacks or "build to lines" that provides for maximum use of the parcel and brings buildings forward along to the street shall be noted in the plan.

In addition, maximum building heights for the various portions of the development shall be established.

(3)

PARKING. All proposed Mixed Use Development (MUD) Overlay Districts projects shall contain a parking schedule detailing the minimum number of off-street parking spaces required for uses located within the development. Options include on-street parking, shared parking, or remote parking areas. Surface parking is often not encouraged but parking garages, when combined with retail, is encouraged. Shared parking between the residential and non-residential users can also be considered to meet parking requirements. Shared parking agreements are to be included in order to be counted as a "shared" parking facility.

(4)

DENSITY. All proposed Mixed Use Development (MUD) Overlay Districts shall include within each use proposed for the Mixed Use Development, the maximum density for residential uses and the floor ratio's for non-residential uses that are proposed. Similar to a central business district or traditional neighborhood developments, densities are often higher than conventional zoning. A higher density is permitted in the urban core. As development occurs out from the core the densities start to drop. In locations adjacent to conventional zoning, the lowest residential portion of the Mixed Use Development is to be provided.

(5)

OPEN SPACE. All proposed Mixed Use Development (MUD) Overlay District projects shall contain open space schedules that address the open space ratio to be provided throughout the development. Town squares and plazas can help to provide open areas where people can gather in a large group and help create a sense of place. Any town square or plaza should be centrally located with dwelling units and businesses facing the open spaces. Smaller open spaces such as "pocket parks" should be inserted for recreational use.

(6)

SIGNS. All proposed Mixed Use Development projects shall contain a detail of sign regulations to be permitted within the development. Sign area, dimensions and locations are to be consistent with Section 31-714, signs permitted in the Central Business District and the Village Center, of the Unified Development Ordinance.

(7)

STREETSCAPING. The standards for landscaping along streets is noted in Section 31-603(g) of the Unified Development Ordinance.

(Ord. No. 11-O-086, 10-19-2011; Ord. No. 18-O-058, § 2(Exh. B), 6-20-2018; Ord. No. 21-O-079, § 3(Exh. B), 7-21-2021)