§ 90-1039. Planned unit developments.
(a)
Statement of intent. The purpose of mixed use planned unit development districts is to promote the efficient use of land to allow for flexible application of development controls, promote a broad spectrum of land uses in more intensive developments, and protect the natural features and beauty of the land. Planned unit developments (PUDs) are intended to provide variety, flexibility, and convenience for residents. PUDs should be in accordance with the approved comprehensive plan and should be developed to allow for appropriate integration with existing land uses.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Acreage, gross. The total amount of area, to include land unsuitable for development, within the PUD.
Acreage, net. The total area of land suitable for development within the PUD.
Age restricted residential. Residential communities occupied by those persons 55 years or older pursuant to Section 100.304 of the Department of Housing and Urban Development guidelines.
Agricultural. As defined in section 90-1 of the Code of the County of Prince George.
Business. Business shall mean any component of the PUD that is not used for residential, agricultural and recreational purposes and from which state and county tax revenues applicable to business are generated.
Business, convenience. Use designation, which permits limited retail and personal service establishments such as the sale of food, gasoline, hardware, banks, offices and personal service businesses for nearby residential communities.
Business, neighborhood. Use designation which permits neighborhood-oriented retail and service establishments such as small shopping centers or developments that serve neighborhood wide trade areas.
Business, regional. Use designation, which permits retail and service establishments such as shopping centers or developments located on large sites that serve regional areas.
Business, community. Use designation, which permits community, scale retail and service establishments to include shopping centers that serve community-wide trade areas.
Civic uses. Use designation that permits public facilities, to include but not limited to, uses such as governmental offices, fire and police facilities and public schools.
Development. As defined in section 90-1 of the Code of the County of Prince George.
Development review team. Group comprised of, but not limited to, staff from the following agencies:
(1)
Planning department.
(2)
Building official.
(3)
Utilities department.
(4)
Fire services.
(5)
Police department.
(6)
Virginia Department of Health.
(7)
Virginia Department of Transportation.
(8)
Economic development office.
Mixed-use building. An appropriate combination of two or more uses within a single structure. Mixed-use buildings may consist of residential, office and business uses.
Offices. Use designation, which permits for professional and administrative office uses, and similar uses.
Open space, unoccupied. Any area unoccupied by a building, structure, drive or parking area.
Open space, unusable. Any area of open space considered as undevelopable acreage based on the presence of one or more of the following:
(1)
Resource protection areas and resource management areas, which must be preserved to mitigate impacts to the water quality of adjacent streams or water bodies.
(2)
Wetlands.
(3)
Steep slopes.
(4)
Endangered native plant and animal life pursuant to the Virginia Department of Conservation and Recreation's 2003 Natural Heritage Plan.
Open space, usable. Any area of open space that is designated for community recreational uses, to include but not limited to uses such as swimming pools, athletic fields, tennis courts, basketball courts, golf courses, playgrounds, boating docks, walking, bridle and bicycle trails.
Phase. A component of the PUD that encompasses 20 percent or more of the PUD. Phased development shall include one or more of the following land uses along with supporting infrastructure:
(1)
Residential.
(2)
Office.
(3)
Commercial.
Primary right-of-way. Right-of-way with a functional classification as a collector road or major arterial. These classifications are defined below:
(1)
Collector road. Right-of-way that serves as a principal artery within residential and commercial areas. Collector roads typically have one or two lanes of traffic in each direction. Typical traffic volumes on these roads are from 1,000 to 10,000 vehicles per day. Typical speeds range from 25 to 35 miles per hour.
(2)
Major arterial. Right-of-way that serves as a major thoroughfare in rural areas. This right-of-way also carries through traffic within sections of urbanized areas. This right-of-way generally has two or three lanes of traffic in each direction. Typical traffic volumes on these roads are from 5,000 to 25,000 vehicles per day. Typical speeds range between 35 and 45 miles per hour.
Residential, single-family. Use designation that permits for attached and detached homes designed to be occupied by one family.
Residential, two-family. Use designation that permits for attached and detached homes designed to be occupied by two families.
Residential, multi-family. Use designation that permits for attached and detached homes designed to be occupied by three or more families.
Steep slope. Terrain generally classified as having a 25 percent vertical rise to the horizontal run.
Substantial modification. Any change that significantly alters and/or impacts the character of the approved master plan.
Village community. Communities, which are distinct because of unique cultural, historical and architectural heritage. Architectural standards shall be established in the village areas to maintain its historical characteristics.
(c)
Location and size of planned unit developments. The location of planned unit developments shall be in accordance with the approved comprehensive plan and an approved master plan of the PUD.
(1)
The PUD shall have limited direct access to primary right-of-ways within the county.
(2)
The minimum PUD size shall be no less than 25 acres of contiguous land.
(3)
The proposed PUD shall be designed in a manner to promote the fulfillment of the purposes in the comprehensive plan that is consistent with the plan, as well as other county plans and/or policies.
(4)
The PUD shall provide for the appropriate use and management of available land and will preserve and protect, to the greatest possible extent, the natural features of the land such as topographic features, trees and streams.
(5)
PUDs shall only be developed in areas where adequate transportation facilities, fire protection, schools, public water and sewer and other public and community facilities exist or will be available for the uses and densities proposed. The applicant shall be responsible for providing such facilities, which are not presently available. Public water and sewer shall be extended in accordance with the county utilities ordinance, comprehensive plan and any other applicable county plans and/or policies.
(d)
Submission process and documents required for submission. A pre-application conference with the applicant and director of planning or his designee shall be held prior to any filing for a rezoning. In addition, a pre-application meeting with the development review team prior to filing an application is required. The director of planning, prior to filing, may require a preliminary plan review from the applicant.
The applicant shall be required to send notification, schedule and conduct a meeting with residents that live within the vicinity of the proposed development. This public meeting shall be conducted prior to filing an application with the planning department.
The applicant shall submit any information required by the director of planning necessary to evaluate a rezoning application or plan of development, not limited to, but to include the following:
(1)
Application for rezoning.
(2)
A required application fee, as set forth within the most recent fee schedule approved by the county board, shall be submitted along with the application.
(3)
Ten copies of a master plan schematic for review.
(4)
Community impact statement.
a.
A certified planner, licensed surveyor, architect, landscape architect and/or engineer shall prepare the master plan. It shall include:
1.
A vicinity map showing the property with surrounding roads and adjacent properties at a scale of not less than one inch to one mile.
2.
A north arrow.
3.
The approximate boundaries of each section, land use and proposed density, location of proposed streets and right-of-ways, location of proposed common open space and recreation areas.
4.
Each land use section or area of the master plan shall be clearly labeled as:
•Single-family
•Two-family
•Multi-family
•Business uses
•Offices
•Mixed uses
•Open space
•Civic uses
Cases in which mixed uses will be present throughout the entire planned unit development, intended land uses shall be enumerated and designated on the master plan in regards to their location.
5.
It shall contain a table showing, for each section or different uses, the use, approximate development phasing, density and maximum number of dwelling units for residential areas, maximum area of square feet for commercial or office areas and maximum acreage of each.
6.
Indicate master water, sewer and drainage plans.
7.
A design manual for the PUD, to include descriptions and depictions for the following:
a.
An overall PUD description establishing the community characteristics, design themes and elements to be incorporated into the PUD, to include concepts relative to bulk, material composition and physical relationships.
b.
Proposed typical elevations for all structures, which shall include the following details:
i.
Facade materials, to include color(s) to be used.
ii.
Building height, depth and length. Building height shall be pursuant to the applicable requirements of the development standards for PUDs, subsection (m)(2).
iii.
Roof lines and roof material(s) to be used.
iv.
Screening for the air conditioning, heating and electrical systems used for commercial or mixed use buildings. Screening shall be established pursuant to the minimum requirements of the development standards for PUDs, subsection (m)(8).
c.
Community design characteristics to include the following details:
i.
Functional classifications for internal roads.
ii.
Streetscape design within the PUD. Streetscape design shall be established pursuant to the requirements of the development standards for PUDs, subsection (m)(3).
iii.
Proposed setback lines for each road type classified (if applicable).
iv.
Pedestrian system, including type(s) of impervious surface and/or paving to be used.
d.
Landscape details including plantings and larger specimen tree types and locations, street furniture, site lighting and recreational improvements for the following areas:
i.
Along the perimeter of the PUD.
ii.
Along major thoroughfares external to the PUD.
iii.
Internal streets.
iv.
Common areas.
v.
Parking lots.
Plantings, larger specimen tree types and site lighting shall be established pursuant to the applicable requirements of the development standards for PUDs .
e.
An open space plan, to include areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas around the perimeter of the PUD. The plan shall address how the features described in submission process and documents required for submission, subsection (d)(4)b.6.a. through f., shall be preserved and/or enhanced. Information on the specific design, location and timing of these areas and their ownership and maintenance should be included.
b.
The community impact statement shall be prepared and address:
1.
Assessment of impact on schools.
2.
A public utilities and services plan providing requirements for and provision of all utilities, sewer, public services and public facilities to serve the PUD. This plan shall address:
a.
Adequacy of existing utilities, water, sewer, public services and public facilities in the vicinity of the PUD.
b.
Public improvements both offsite and onsite that are proposed for construction and a cost estimate for providing these improvements.
3.
A traffic impact study pursuant to the Code of Virginia, § 15.2-2222.1.
4.
Economic impact of the proposed project.
5.
Employment opportunities to be created by the development.
6.
Environmental impact analysis, to include:
a.
Wetlands determination pursuant to the Army Corps of Engineers manual.
b.
Topography shown at five-foot contour intervals. Pre-development and post-development storm water runoff amounts shall be provided.
c.
Groundwater to be impacted to include ponds, lakes, streams, rivers and Chesapeake Bay associated water bodies.
d.
Flood plains.
e.
Tree lines to be impacted. The limits of clearing and where buffers will be installed shall be provided.
f.
Endangered native plant and animal life pursuant to the Virginia Department of Conservation and Recreation's 2003 Natural Heritage Plan.
7.
Historic resources to be impacted including, but not limited to, the historic areas identified as historic sites in the 2007 Draft Comprehensive Plan and all historic places designated by the National Register of Historic Places.
(5)
The proposed master plan shall be reviewed by all appropriate agencies to ensure that existing or planned public infrastructure can accommodate rezoning for the PUD.
(6)
The planning commission shall review the proposed master plan for a recommendation to the board of supervisors after the public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204. The planning commission shall report its recommendation to the board of supervisors after the public hearing. The planning commission shall recommend approval, approval with appropriate modifications, or deny the master plan.
(7)
The board of supervisors shall review the proposed master plan, and act to approve, approve with modifications or deny the proposed master plan after receiving a recommendation from the planning commission and after a public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204. Approval of the proposed master plan shall constitute acceptance of the plan's concepts and provisions pursuant to permitted uses in PUD developments, maximum PUD densities, and development standards for PUDs. The plan approved by the board of supervisors shall constitute the final plan for the PUD.
(e)
Revisions to the final master plan. Major revisions to the approved master plan shall be reviewed at a public hearing before the planning commission and board of supervisors following the procedures and requirements of submission process and documents required for submission subsection of this section.
Major revisions include, but are not limited to, changes such as:
(1)
Density increases in the PUD.
(2)
Changes that intensify permitted uses in the PUD by 20 percent or more.
(3)
Substantial changes in access or circulation.
(4)
Substantial changes in the mixture of dwelling unit's types within the PUD.
(5)
Substantial changes in the mixture of land use types.
(6)
Substantial changes in the amount of acreage devoted to nonresidential uses.
(7)
Reduction of acreage approved for open space, buffering or landscaping.
(8)
Substantial changes in site design or architectural features.
(9)
Any other change that the planning director deems a major change to the approved master plan.
(f)
Minor revisions to the final master plan. All other changes of the approved master plan shall be considered as minor revisions. The director of planning, upon receipt of a written request of the owner or authorized agent, may approve such minor revisions after consultation and agreement with any other impacted county or state agency.
(1)
A request, which is not approved by the director of planning, shall be considered as a major revision and shall be subject to the approval process outlined in submission process and documents required for submission subsection of this section.
(g)
Preliminary and final site plan approval.
(1)
Following the approval of the final master plan, the owner or the authorized agent shall be required to submit preliminary and final site plans.
(2)
Subdivision plans shall be submitted and reviewed simultaneously with the site plan submittal. Subdivision plans shall be submitted pursuant to the applicable requirements of the Prince George County Subdivision Ordinance.
(3)
Preliminary and final site plans submitted for review shall conform to the final master plan approved by the board of supervisors. Site plans shall be submitted pursuant to the applicable requirements of the Prince George County Zoning Ordinance.
(h)
Failure to proceed with development. Failure to submit a preliminary site plan for the PUD or any phase of the PUD within five years of the approval of the final master plan shall initiate a notice from the board of supervisors by certified mail to the applicant/owner to submit an application to the planning department to revert acreage in the PUD to its former zoning classification. The board of supervisors may act to approve the zoning reversion after a public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204. The applicant and owner shall bear all costs associated with the rezoning application and advertising.
(i)
Time extension to submit a preliminary site plan. The director of planning, upon receipt of a written request of the owner or authorized agent, may grant a time extension beyond five years to submit a preliminary site plan provided; however, such extension shall not exceed one year. The circumstance(s) to validate a time extension shall be deemed appropriate by the director of planning.
(j)
Permitted uses in PUD developments. Within PUD developments, the following uses are permitted in accordance with an approved master plan:
(1)
Agricultural.
(2)
Single-family residential.
(3)
Two-family residential.
(4)
Multi-family residential.
(5)
Age restricted residential.
(6)
Convenience retail business.
(7)
Neighborhood business.
(8)
Community business.
(9)
Regional business.
(10)
Offices.
(11)
Open space.
(12)
Civic uses.
(k)
Accessory structures and uses. Accessory structures and uses that are typically subordinate and incidental to the principal use shall be permitted on any parcel within the PUD.
(l)
Maximum PUD densities. Maximum densities allowable in the PUD shall be established through a recommendation of the planning commission and approval by the board of supervisors. The density within the PUD shall not exceed that which can be served by adequate public infrastructure either existing or planned at the time of rezoning.
(m)
Development standards for PUDs.
(1)
Parking. Off street parking shall be provided in accordance with section 90-861 of the county zoning ordinance.
(2)
Building height. Single-family detached shall not exceed 35 feet in height. Other residential structures shall be erected to a height not to exceed four stories.
Mixed-use buildings that include residences shall not be less than two stories in height. The first floor of a mixed-use building shall be used for commercial and/or office uses. Residential uses shall not be located on the first floor of a mixed-use building.
Nonresidential structures shall be erected to a height not to exceed 60 feet. Nonresidential structures over four stories shall not be located at the boundaries of land bays with lower maximum height restrictions.
(3)
Landscaping. All landscaping shall be established pursuant to an approved master plan. Plantings should be of low height with preference given to native and drought-resistant species. Landscaping is also encouraged throughout parking areas of multi-family, office and business development. Larger specimen trees shall be used between parking areas and public rights-of-way. Within large parking areas, planting shall be designed to break up large parking areas into smaller parking areas.
(4)
Site lighting. Site lighting shall be provided to allow for safe and efficient pedestrian and vehicular movement. Site lighting shall be designed to minimize the trespass of light onto adjacent buildings and glare.
The light fixtures shall serve as way finders and enhance the character of the PUD during the nighttime. Light fixture locations are subject to site plan review pursuant to an approved master plan.
General lighting requirements: Lighting on parcels shall be subject to the following requirements:
a.
Downward directional lighting shall be used for all freestanding or building mounted lights on site.
b.
Light intensity shall not exceed 0.5 foot-candles above background levels, measured at ground level at any parcel line. Light levels at adjacent parcel lines with similar uses shall be exempt from this requirement.
c.
The maximum height for light fixture poles in the following locations is:
1.
Pedestrian walks and sidewalks, plazas and open spaces: 16 feet
2.
Internal streets: 20 feet
3.
Parking areas: 30 feet
d.
Site plans for any business or office use that operates during any hour of darkness shall include:
A lighting plan for the entire site to be developed, which shall include a photometric plan, light fixture specifications, and fixture mounting detail. Light sources from business or office sites shall be not directed towards adjoining residential parcels.
(5)
Signage. Signs shall comply with the requirements set forth in sections 90-1 and 90-1036 of the county zoning ordinance. Signage shall be compatible with the architecture of the building and are limited to monument signs, building mounted signs placed at a consistent height, signs in shop windows and hanging signs.
(6)
Open space. Usable open space shall be provided within the PUD. No less than 15 percent of the gross acreage of the PUD shall be usable open space. Natural features such as wetlands and ravines, tree lines or high points of topography may be utilized for residential open space but not counted towards meeting the 15 percent requirement.
Permitted uses shall be pursuant to the definition of usable open space in the subsection (a) of this section.
Improvements in usable open spaces may be used as a credit towards the gross acreage requirement. These improvements shall be reviewed by the planning commission and the board of supervisors pursuant to submission process and documents required for submission section items (5) through (7).
Improvements in usable open space areas shall be maintained and replaced, as necessary, by the homeowners' association.
Undevelopable acreage shall not be applied to meet the usable open space requirement.
Paved sidewalks shall be installed along all roads and streets in residential, office and commercial areas according to VDOT standards for acceptance in the VDOT system for maintenance. Paving shall not be required for walking trails, bridle and bicycle trails that are not in the VDOT rights-of-way.
The edges of the open space area shall be clearly defined through landscaping.
(7)
Natural features. Natural features such as wildlife habitats, historic sites, and irreplaceable assets shall be preserved to the maximum extent possible.
(8)
Screening. Screening is required for service, loading and trash areas, as well as, mechanical equipment. Screening shall be constructed in a manner that minimizes views into the areas from adjacent right-of-ways and buildings. Mechanical equipment shall be screened by walls, fences or plantings that are a minimum of five feet in height.
(9)
Vehicular access. Vehicular access to the internal streets within the PUD shall be established through a boulevard style collector road. Parking areas shall be accessed from internal streets. Access points along internal streets shall align with streets and parking area access that intersect at a common point, where possible, in order to limit conflict points and promote the continuation of those streets. Shared common access points into parking lots shall be established to limit conflict points from internal streets. Cross-access easements between adjacent parking lots shall be established whenever possible to limit conflict points along internal streets. All proposed access points shall be reviewed by the Virginia Department of Transportation for access management. All streets shall meet the standards of and be maintained by the VDOT.
(10)
Architectural standards for village communities. Architectural standards shall be established for village communities to maintain the character of the village areas to provide assistance and guidance in the maintenance of their historical characteristics.
(11)
Use compatibility. Business and office uses shall be compatible with residential uses when integrated with such uses. Any traffic, noise, lights generated by business or office uses shall be mitigated by design when integrated with residential uses. Outside storage shall not be permitted. There shall not be any emissions that may have a detrimental effect in the community.
(12)
Age restricted residential communities. Age restricted residential communities are permitted in PUDs provided that the development is established pursuant to Sections 100.304 through 100.307 of the Department of Housing and Urban Development guidelines.
(13)
Homeowners' association. A homeowners' association shall be created during the subdivision process when any of the following conditions are proposed:
a.
Alleys, pedestrian access ways and/or sidewalks that are not maintained by the Virginia Department of Transportation.
b.
Commonly held parcels or open space are proposed.
c.
Storm water management infrastructure/best management practices located on a commonly held parcel.
(n)
Modifications to development standards. The planning commission may grant modifications to development standards established in this section. Modifications may be granted with or without conditions. The owner or authorized agent shall submit an application to the planning department to request modifications to development standards. The planning commission shall review this request after the public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204.
(1)
No development standard modification shall be authorized by the planning commission unless substantial compliance has been determined for the following factors, as applicable:
a.
By reason of the exceptional size and/or shape of the parcel or parcels or by reason of exceptional topographic conditions when strict application of the terms in this section would prevent or reasonably restrict the use of the parcel or parcels.
b.
The granting of the modification will provide relief from a clearly demonstrated hardship. This hardship shall be distinguishable from a special privilege or convenience.
c.
The modification will not endanger the public safety, health or general welfare of adjacent parcel owners; and will not change the character of the PUD.
d.
The modification will comply with the comprehensive plan.
(Ord. No. O-07-03, 6-12-2007)
State Law reference— Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments, Code of Virginia § 15.2-2204 and coordination of state and local transportation planning, Code of Virginia § 15.2-2222.1
(Ord. No. O-07-03, 6-12-2007)
State law reference
Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments, Code of Virginia § 15.2-2204 and coordination of state and local transportation planning, Code of Virginia § 15.2-2222.1