§ 31-17.A. MU-D Downtown mixed-use district.
(a)
Purpose of the district: The purpose of this district is to encourage the creation of a vibrant and economically dynamic downtown, with compatible development of office, commercial and multi-family residential land uses in a diverse manner that emphasize pedestrian circulation and a higher quality of life. Development within this district shall be based on well-designed master plans that integrate creativity, innovation, functionality, and flexibility. It is further the intent of this district to accommodate development that will benefit the city both with positive net revenues and through the creation of unique and attractive areas that serve to project a positive image of the city.
(b)
Permitted uses: Development within this district may contain a mix of multi-family residential, office, and commercial land uses; provided, however, 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. A building or land shall be used only for the following uses:
(1)
Apartments and townhouses.
(2)
All permitted uses in the B-2 General business district, except automobile and truck tire sales and service, boat and boat trailer sales and storage, greenhouses and funeral homes.
(3)
All permitted uses in the PF Public facilities district, except fleet storage facilities.
(4)
Inns and bed and breakfast establishments.
(5)
Technology businesses.
(c)
Permitted accessory uses: Accessory uses customarily incidental to a permitted use on the same lot.
(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)
Manufacturing or fabrication of goods to be sold through a storefront within the same building.
(2)
Nightclubs and restaurants providing live entertainment, including dance halls.
(3)
Boat and boat trailer sales.
(4)
Motorcycle sales.
(5)
Nursery schools.
(6)
Commercial recreation facilities.
(e)
Area regulations: The minimum site area required for all downtown mixed-use rezoning applications is four (4) contiguous acres, unless a parcel proposed for the downtown mixed-use district is adjacent to a parcel already zoned to the downtown mixed-use district, in which case no minimum acreage requirement would apply. For the purposes of meeting the minimum acreage requirement in this subsection, a parcel will be considered to be adjacent to an existing downtown mixed-use parcel if the two (2) parcels are separated only by publicly-owned right-of-way.
(f)
Density of development: No minimum lot size or maximum density restrictions are placed on developments within the downtown mixed-use district. This flexibility is offered to encourage innovative site designs that are in accord with the district's intent of promoting efficient use of the land, pedestrian accessibility, variety in housing choices, higher level of amenities, and preservation of open space and natural features. However, the planning commission and the governing body 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 downtown mixed-use district shall not exceed seventy-five (75) percent of the total gross area of the development. Areas used for swimming pools, bathhouses, tennis courts, and other hard surface recreational uses shall not be counted as covered area.
(h)
Utilities: All utilities shall be installed underground, except control instrumentation and substations, which must be effectively screened.
(i)
Yard requirements:
Land Use (on ground floor) Minimum Front Yard (feet) Minimum Side Yard Each Side (feet) Minimum Rear Yard (feet) Multi-family Residential 0 10 25 Commercial & Office 0 0 0 (j)
Common areas: If common areas are provided, including common open space, parking area, and screening, then they shall be maintained by and be the sole responsibility of the developer/owner of the 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 bylaws and an adequately financed plan with effectuating agreements and covenants acceptable to the city assuring the development and continued maintenance of the nonpublic areas. The city may choose to accept ownership of any common area, if such area is offered by the owner, and thereby become responsible for maintenance of the area.
(k)
Height requirements: With the exception of uses permitted in the PF Public facilities district, all construction must have a minimum height of forty (40) feet.
(l)
Screening: All private trash receptacles must be located and/or screened so they are not visible from a public street. Loading docks and garage doors for commercial businesses must be located so they are not visible from a public street.
(m)
Signage: The signage regulations contained in section 31-29 apply to the uses in the downtown mixed-use district based on the type of use with the following exceptions:
(1)
No pole type signs are permitted. All freestanding signs must be monument signs and incorporate a solid base.
(2)
The maximum height of a freestanding sign is twelve (12) feet.
(3)
The maximum size of a sign face is fifty (50) square feet.
(4)
Only one (1) freestanding sign is permitted for each parcel or lot.
(5)
Wall signs shall be limited in size to one and one-half (1½) square feet of sign area per lineal front foot of building.
(n)
Master planning: Every development proposed within the downtown mixed-use district shall meet the requirements of the master planning section of this title.
(1)
The applicant shall be required to submit a master development plan which must be reviewed by the planning commission and approved by the governing body as part of the rezoning request. The master development plan shall consist of both a concept plan which shows the location and distribution of land uses and related facilities and a development plan which deals with site specific issues.
(2)
The purpose of the master development plan is to:
a.
Assure that the proposed development is considered as a whole and conforms to the comprehensive plan and the requirements of this title. The master plan may serve to allow flexibility of uses and development standards. Any other reviews needed for the development review process, such as conditional uses, plan amendments or zone changes may be considered at the same time as the master plan; and,
b.
Assure that phased development is properly coordinated.
(o)
Components of a master development plan: The applicant must submit a master plan with the following components. The review body may modify the proposal, especially those portions dealing with development standards and review procedures. The greater the level of detail in the plan, the less need for extensive reviews of subsequent phases. Conversely, the more general the details, the greater the level of review that will be required for subsequent phases.
(1)
Boundaries of the site. The master plan must show the current and potential future boundaries of the site for the duration of the master plan.
(2)
General statement. The master plan must include a narrative that addresses a description in general terms of the use and site as well as expansion plans for the duration of the master plan.
(3)
Uses and functions. The master plan must include a description of present uses, affiliated uses, proposed uses and potential future uses. The description must include information about the general amount and type of functions of the use, the hours of operation and the approximate number of members, employees, visitors and special events. For projects which include residential units, proposed minimum and maximum floor areas and densities, number of units and building heights must be indicated. For office/commercial projects or mixed-use, minimum and maximum floor area ratios must be indicated.
(4)
Site plan. The master plan must include a site plan, showing, at the appropriate level of detail, buildings and other structures, existing mature trees and landscaping, the pedestrian and vehicle circulation system, parking areas, open areas, and other required items. This information must cover the following:
a.
All existing improvements that will remain after development of the proposed use(s);
b.
All improvements planned in conjunction with the proposed use(s);
c.
Conceptual plans for potential future uses; and,
d.
General locations of usable open space, any land proposed to be dedicated for open space, pedestrian and transit connection between the site and public or private streets serving the development and connecting to off-site open space, internal circulation (both auto and pedestrian), and location of proposed gates and fencing.
e.
A summary table that lists all uses and their actual area coverage and their percentage of the site.
The site plan may either be submitted at the same time as the master plan or following approval of the rezoning to the downtown mixed-use district. No permits connected to the development of the subject land, including grading and building permits, will be issued until the site plan has been approved.
(5)
Covenants. The applicant may propose development standards in the form of covenants that will control development of the future uses that are in addition to the requirements of this title. These may be such things as height limits, setbacks, frontage, FAR limits, landscaping requirements, parking requirements, signage, view corridors or facade treatment. The city may require the recording of covenants for any project and must be a partner to all such covenants. The covenants, and any changes thereto, will require approval of the city. In addition, the covenants must include provisions for enforcement by the city. The covenants must be recorded by the developer.
(6)
Phasing of development. The master plan must include the proposed development phases, probable sequence of future phases, estimated dates and interim uses of the property awaiting development. In addition, the plan should address any proposed temporary uses or locations of uses during construction periods.
(7)
Transportation and parking. The master plan shall include information on the following items for each phase.
a.
Projected transportation impacts. This includes the expected number of trips (peak and daily), an analysis of the impact of those trips on the adjacent street system, and the proposed mitigation measures to limit any projected negative impacts.
b.
Proposed parking impacts. This information includes the projected peak-hour parking demand and an analysis of this demand compared to proposed on-site and off-site parking supply. If off-site parking is proposed, evidence of a shared-parking agreement or easement must be presented. For new on-site parking, justification must be provided if a parking lot is proposed instead of a parking garage.
(8)
Procedures.
a.
Master plan pre-application meetings are required with the planning director prior to commencing a conceptual master plan.
b.
Site plan review pre-application conferences are required prior to submission of a site plan review request, in addition to the master plan pre-application meeting. Site plan review conferences are required for each phase of development, based on specific development/building plans.
c.
Minor modifications, additions, or changes to an approved master plan shall be reviewed and a determination made by the planning director or his designee to permit the changes with no formal review.
d.
Major modifications, additions, or changes to an approved master plan shall be subject to the original review procedures, including the fees in effect at the time of the change request application.
e.
Projects approved as part of a master plan do not require an additional public hearing on a project-specific basis so long as the original master plan is followed.
(Ord. No. 01-1700-662, § 1, 4-17-01; Ord. No. 04-1700-770, § 1, 11-11-04; Ord. No. 05-1700-789, § 1, 11-15-05; Ord. No. 06-1700-818B, 12-12-06; Ord. No. 06-1700-818C, 12-12-06; Ord. No. 06-1700-818D, 12-12-06; Ord. No. 11-1700-903, § 7, 5-24-11; Ord. No. 12-1700-916, § 1, 1-24-12; Ord. No. 19-1700-1042 , § 2, 12-17-19)
(Ord. No. 01-1700-662, § 1, 4-17-01; Ord. No. 04-1700-770, § 1, 11-11-04; Ord. No. 05-1700-789, § 1, 11-15-05; Ord. No. 06-1700-818B, 12-12-06; Ord. No. 06-1700-818C, 12-12-06; Ord. No. 06-1700-818D, 12-12-06; Ord. No. 11-1700-903, § 7, 5-24-11; Ord. No. 12-1700-916, § 1, 1-24-12; Ord. No. 19-1700-1042 , § 2, 12-17-19)