§ 31-17. PUD Planned Unit Development.
(a)
Purpose of the district: The intent of this district is to permit greater flexibility and, thus, more creative and imaginative design for the development of residential and/or commercial areas than generally is possible under the rigid area and bulk restrictions characteristic of conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while encouraging variety in housing choices and accessory commercial uses, a higher level of urban amenities, and the preservation of natural scenic qualities of open spaces.
(b)
Permitted uses: A building or land shall be used only for the following purposes:
(1)
Outside the City Center Redevelopment District:
a.
Any use permitted in the R-1 Single-Family Residential zoning district.
b.
Any use permitted in the R-2 Multiple-Family Residential zoning district.
c.
Any use permitted in the B-2 General Business zoning district.
(2)
Within the City Center Redevelopment District:
a.
Any use permitted in the R-2 Multiple-Family Residential zoning district, provided that the residential component of any development cannot comprise more than seventy-five (75) percent of the development's total floor area unless a waiver has been approved in accordance with section 31-33.2.
b.
Any use permitted in the B-2 General Business zoning district, except automobile and truck tire sales and service, boat and boat trailer sales and storage, greenhouses, and funeral homes.
c.
Any use permitted in the PF Public Facilities zoning district, except fleet storage facilities.
d.
Inns and bed and breakfast establishments.
e.
Technology businesses.
(c)
Permitted accessory uses: Any accessory use permitted in the R-1 Single-Family Residential District, the R-2 Multiple-Family Residential District, the B-1 Neighborhood Business District, or the B-2 General Business District.
(d)
Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:
(1)
Except for a satellite wagering facility, any conditional use listed as permitted in the R-1 Single-Family Residential District, the R-2 Multiple-Family Residential District, the B-1, Neighborhood Business District, or the B-2 General Business District.
(2)
Commercial recreation facilities.
(e)
Area regulations: The minimum area for a Planned Unit Development District shall be five (5) acres.
(f)
Density of development: No minimum lot size or maximum density restrictions are placed on developments within the Planned Unit Development District. This flexibility is offered to encourage innovative site designs that are in accord with the district's intent of promoting efficient use of land, variety in housing choices, higher level of amenities, and preservation of open space and natural features. However, the planning commission and the city council reserve the right to reduce the proposed density on a particular parcel when it has been determined that such reduction is warranted by conditions specifically applicable to the parcel or the plan of development, such as topography, the character of the surrounding property, potential health or safety hazards, inconvenient or unsafe access to the parcel, traffic generation characteristics excessive for adjoining streets, the development's inconsistency with existing and proposed public facilities, or any other adverse impact that can be alleviated through a reduction in density.
(g)
Coverage: Maximum coverage permitted of all impervious surfaces, including buildings, structures, roads, streets, and parking areas, in any Planned Unit Development District shall not exceed seventy (70) percent of the total gross area of the development. Areas used for swimming pools, bathhouses, tennis courts, and other outside recreational space that is improved with a hard surface shall not be counted as covered area.
(h)
Common areas: Common areas, including only common open space, parking area, and screening, shall be maintained by, and be the sole responsibility of the developer/owner of the planned unit development until such time as the developer/owner conveys such common area to a nonprofit corporation, organized and operated under the laws of Virginia. The developer/owner shall present, along with the site plan, copies of the articles of incorporation of such corporation, its by-laws and an adequately financed plan with effectuating agreements and covenants acceptable to the city assuring the development and continued maintenance of the nonpublic areas.
(i)
Utilities: All utilities shall be installed underground, except control instrumentation and substations which must be effectively screened.
(j)
Height: The maximum height of any building or structure in a Planned Unit Development District shall be fifty-eight (58) feet, except for those uses and structures specifically exempted in article VI.
(k)
Procedures for application:
(1)
The establishment of a Planned Unit Development District requires a change in the zoning district classification of the property and an amendment to the official zoning map in order to register the change. An application for rezoning property and amending the official zoning map shall be made in accordance with the provisions of article X.
(2)
Reserved.
(3)
To permit coordination of Planned Unit Development District Regulations with the regulations of the city subdivision ordinance, plats complying with such ordinance, shall be submitted with the application for rezoning. Review of the subdivision plat and the site plan shall be conducted simultaneously in one review process.
(4)
The planning commission and city council shall consider the application for rezoning, the site plan, and applicable subdivision plats and hold necessary public hearings thereon in accordance with the standards set forth in article X. Following the recommendations of the planning commission, the city council shall approve, approve with modifications, or disapprove the site plan, applicable subdivision plats, and application for rezoning. In approving the site plan and subdivision plats, the council may establish such conditions and may require such modifications as shall assure compliance with the standards and regulations of this chapter and the subdivision ordinance. [3]
(5)
In the event that a site plan shall be disapproved by the city council, the application for rezoning shall be deemed to be denied. In the event that a site plan shall be approved with modifications by the city council, the council may continue the public hearing on the rezoning application to a date certain in order to permit the applicant to modify the site plan in accordance with such modifications.
(6)
Approval of the application for rezoning, the site plan, and applicable subdivision plats shall constitute authority for the applicant to prepare final subdivision plats, if applicable, in accordance with the subdivision ordinance. [4] No building permit shall be issued nor subdivision plat recorded until a final subdivision plat shall have been approved by city council.
(7)
The site plan shall be for the entire project, unless the project is staged, in which case the site plan for the first state shall be submitted. A site plan for a particular development stage other than the first shall not be approved until the site plan has been approved for the immediately preceding stage. Minor deviations from the site plan shall be permitted in the site plan in accordance with the regulations set forth in article VII.
(l)
Other applicable requirements:
(1)
Article VI: Supplementary Regulations.
(2)
Article VII: Site Plan Review Requirements.
(3)
The subdivision ordinance.*
(m)
Final development plan approval:
(1)
The granting of a rezoning application to a PUD district, and the approval of its accompanying schematic plan to the city council, shall constitute authority for the applicant to prepare a final development plan; however, a final development plan may be filed with and included in the processing of the rezoning application and land use plan. All final development plans shall be prepared in accordance with the approved schematic land use plan, any conditions as may have been adopted by the city council and the provisions of subsection 31-17(n) below. If a site plan for the entire property is approved at the time of rezoning no final development plan shall be required for any site plan phase submitted with the initial rezoning application.
(2)
A final development plan may be prepared and submitted for the entire planned development at one time or for sections of the planned development, and each such plan shall be submitted to the zoning administrator.
(3)
Upon determination by the zoning administrator that the content of the final development plan is complete in accordance with the requirements of subsection 31-17 (n) below, the plan shall be submitted for comment and review to appropriate city departments and agencies. Upon completion of such administrative review, the plan shall be submitted to the planning commission.
(4)
The planning commission shall hold a public hearing on the final development plan no later than three (3) months from the date the zoning administrator determined that such plan was complete in accordance with the requirements of subsection 31-17 (n) below. The commission shall consider the final development plan in accordance with the approved conceptual development plan, and shall determine if said plan does comply with the applicable zoning district regulations. Upon the determination that the final development plan is in accordance and does comply, the planning commission shall approve or approve with modifications, the final development plans.
(5)
In reviewing a final development plan, the planning commission and city council may establish such conditions and may require such modifications as will assure compliance with the standards and regulations of the subject district, and with the approved conceptual development plan. Further, the planning commission may recommend to the city council the waiver of any zoning and subdivision requirements otherwise applicable to the development where it is found that such waiver would be in conformance with said standards and regulations.
(6)
In the event that the planning commission finds that the final development plan is not in accordance with the approved schematic land use plan, or does not comply with the applicable zoning district regulations, it shall recommend the disapproval of the final development plan and forward such recommendation to the city council.
(7)
The city council shall hold a public hearing on the final development plan and shall approve, approve with modifications, or disapprove the final development plan. In approving the final development plan, the city council may establish such conditions and may require such modifications as will assure compliance with the standards and regulations of the subject district, and with the approved schematic land use plan. Zoning and subdivision requirements otherwise applicable to the development may be waived by the city council where it finds that such waiver would be in conformance with said standards and regulations.
(8)
In the event that the city council shall uphold a recommendation of the planning commission to disapprove the final development plan, such action shall be cause for the applicant to prepare a revised development plan.
(9)
Once a final development plan has been approved, and there is cause for amendment of the same, such amendment shall be processed as follows:
a.
Upon a determination by the zoning administrator that the amendment will result in a final development plan which is still in accordance with the approved plan, then such amendment shall be processed in accordance with the provisions of this section.
b.
Upon a determination by the zoning administrator that the amendment will cause the final development plan to be not in accordance with the approved schematic land use plan, then an amendment to the plan shall be required and a new application shall be filed in accordance with section 31-52 of the zoning ordinance. The amendment to the final development plan shall also be the subject of review by the planning commission in accordance with the provisions of this section.
c.
The zoning administrator may waive any submission requirement if such requirement is not necessary for an adequate review of the final development plan amendment application.
d.
An amendment may be filed by an owner of individual property.
(n)
Final development plan: A final development plan prepared in accordance with the approved schematic land use plan shall be filed with the zoning administrator, including any resubmission of the plan and supporting graphics. All maps, plans, sketches and illustrations submitted as part of a final development plan shall be presented on a sheet having a maximum size of twenty-four (24) feet by thirty-six (36) feet. If presented on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. One (1) eight and one-half (8½) inch by eleven (11) inch reduction of the final development plan and supporting graphics shall also be submitted. All submission requirements shall become the property of the city. Such plan shall contain the following information:
(1)
A final plan, at a scale of not less than one inch equals one hundred feet (one (1) inch = one hundred (100) feet), showing:
a.
A vicinity map at a scale of not less than one inch equals two thousand feet (one (1) inch = two thousand (2,000) feet).
b.
Bearings and distances of the perimeter property lines.
c.
Total areas of property presented in square feet or acres.
d.
Scale and north arrow, with north, to the extent feasible, oriented to the top of all drawings.
e.
Names and route numbers of boundary streets and the width of existing right(s)-of-way. Any proposed improvements to the public right(s)-of-way and delineation of the existing centerline of all streets abutting the property, including dimensions from the existing centerline to the edge of the pavement and to the edge of the right-of-way.
f.
Existing topography and a statement indicating whether it is air survey or field run, with a maximum contour interval of two (2) feet.
g.
The location and arrangement of all proposed uses, including a preliminary subdivision plan, if subdivision is proposed.
h.
For other than single-family dwellings, the maximum height in feet, to include penthouses, of all buildings, and the number of floors both above and below or partially below finished grade.
i.
The distances of all structures from the development boundaries and streets.
j.
The traffic circulation systems and the pedestrian circulation system, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways, bicycle paths and/or bridle paths, and all trails required by the adopted comprehensive plan.
k.
The off-street parking and loading areas and structures.
l.
The open space areas, specifying the proposed treatment or improvement of all such areas and delineating those areas proposed for specific types of developed recreational facilities.
m.
A landscape plan showing the limits of clearing, location and design of all screening measures, indicating the type and height of such screening, and a delineation of existing vegetation, to include existing vegetation to be preserved.
n.
Approximate delineation of any grave, object or structure marking a burial site if known, and a statement indicating how the proposed development will impact the burial site.
o.
A plan or statement showing how public utilities are, or will be, provided.
p.
Approximate location and estimated size of all proposed stormwater management facilities, a preliminary storm drainage plan, including information with respect to the type of facilities proposed and the adequacy of downstream drainage improvements.
q.
The location of all existing utility easements having a width of twenty-five (25) feet or more.
r.
Approximate delineation of any floodplain designated by the Federal Insurance Administration, United States Geological Survey, or the city, and the approximate delineation of any environmental quality corridor as defined in the adopted comprehensive plan, and, if applicable, the distance of any existing and proposed structures from the floodplain or environmental quality corridor.
s.
When the development is to be constructed in sections, a final sequence of development schedule showing the order of construction of such sections, and an approximate completion date for the construction of each section.
(2)
A final statement in tabular form which sets forth the following data, when such data is applicable to a given development plan:
a.
Total number of dwelling units by type.
b.
Residential density in units per acre.
c.
Total floor area and floor area ratio for each type of use, except residential uses.
d.
Total area in open space.
e.
Total area in developed recreational open space.
f.
Total number of off-street parking and loading spaces provided and the number required by the provisions of the Code.
g.
Amount of density or floor area applied for under the onus provisions, and the calculations supporting the specific development provisions giving rise to such bonus application.
(3)
For the residential component of an application, five (5) copies of a map identifying classification of soil types at a scale of not less than one inch equals five hundred feet (one (1) inch = five hundred (500) feet).
(4)
Architectural sketches, if available, of typical proposed structures, including lighting fixtures and signs.
(5)
A listing, if known, of all hazardous or toxic substances as set forth in Title 40, Code of Federal Regulations Parts 116.2, 302.4 and 355; all hazardous waste as set forth in Commonwealth of Virginia/Department of Waste Management VR672-10-1—Virginia Hazardous Waste Management Regulations; and/or petroleum products as defined in Title 40, Code of Federal Regulations Part 280; to be generated, utilized, stored, treated, and/or disposed of on site and the size and contents of any existing or proposed storage tanks or containers.
(6)
A statement that the proposed development conforms to the provisions of all applicable ordinances, regulations and adopted standards, or, if any waiver, exception or variance is sought by the applicant, such shall be specifically noted with the justification for such modification.
(7)
When a final development plan is not submitted in conjunction with a schematic land use plan, a notarized affidavit as to conflict of interest, which affidavit shall be sworn to under oath before a notary public, stating whether or not any member of the Manassas Park City Council, the planning commission, or any elected or appointed official has an interest in such property either individually, by ownership of stock in a corporation owning such land, or partnership, or as a holder of ten (10) percent or more of the outstanding shares of stock in, or as a director or officer of any corporation owning such land, directly or indirectly, or by any such member or members of his or her immediate household.
The sheet size and scale of a final development plan may be modified by the zoning administrator, based on the nature and/or size of the application.
(Ord. No. 91-1700-443A, 6-4-91; Ord. No. 01-1700-651, § 1, 2-20-01; Ord. No. 03-1700-733, § 1, 12-23-03; Ord. No. 04-1700-767, § 3, 10-19-04; Ord. No. 11-1700-903, § 6, 5-24-11; Ord. No. 19-1700-1042 , § 1, 12-17-19)
Footnotes:--- (3) ---Cross reference— Subdivision ordinance, Ch. 21. 2056
--- (4) ---Cross reference— Subdivision ordinance, Ch. 21.