Planned Mixed Use District (P-MU)

Transcription

1 Planned Mixed Use District (P-MU) It is the intent of this district to provide for development plans that integrate commercial, office, residential, recreation and open space, and institutional uses in a cohesive development. The P-MU district provides opportunities to live, work, shop, and recreate while reducing the need for personal vehicle travel by providing for daily needs to be served within the walkable community. It is intended that the Planned Mixed Use District be located in areas having or able to have all of the following: water and wastewater facilities that meet acceptable standards, one (1) or more major highways or thoroughfares, and clear suitability for the intended uses in the context of the existing or anticipated development in the surrounding area. The P-MU District allows projects of innovative design and layout that would not otherwise be permitted under this Ordinance because of strict application of zoning district or general development standards. The P-MU encourages innovative land planning and design concepts by reducing the inflexibility that can result from strict application of zoning and development standards that were designed primarily for individual lots, allowing greater freedom in selecting the means to provide access, light, open space and design amenities, allowing greater freedom in providing a mix of land uses in the same development, including a mix of housing types, housing prices, lot sizes, densities, and non-residential uses in a planned development, promoting quality design and environmentally sensitive development by allowing development to take advantage of special characteristics, locations, and land uses. In return for flexibility in site design requirements, planned developments are expected to deliver: exceptional quality community designs that preserve critical environmental resources, and provide above-average open space amenities, and incorporate creative design in the layout of buildings, open space and circulation, and assure compatibility with surrounding land uses and neighborhood character, and provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure. Permitted Uses In the P-MU District, any structure to be erected or land to be used shall be for one (1) or more of the following uses: 1) Agriculture and forestry as permitted in the A-2 agricultural district, including a single family dwelling accessory to a farm of ten (10) or more acres 2) Dwellings for resident watchman and caretakers employed on the premises 3) Detached single-family dwellings. 4) Modular homes as herein defined. 5) Two-family dwellings, detached or semi-detached, subject to the special regulations below. 6) Attached single-family dwellings (townhouses) subject to the special regulations below. 7) Multiple-family dwellings subject to the special regulations below. 8) Bakeries provided all products produced on the premises shall be sold at retail on the premises. 9) Banks or savings and loan offices. 10) Barber shops or beauty parlors, nail salons, tanning salons, day spas and the like. 11) Bed and breakfast inn or tourist home 12) Bicycle sales and repair shops. 13) Catering or delicatessen business.

2 14) Churches and Sunday schools, rectories, parish houses, convents and monasteries, temples and synagogues and cemeteries accessory thereto. 15) Convalescent homes, nursing homes or homes for the aged, and family care homes 16) Convenience store, as herein defined, with a maximum of ten (10) fuel dispensing nozzles, none of which may exceed a diameter of five-eights (5/8) of one inch. 17) Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths and the like for electrical power distribution and communication service, and underground pipelines or conduits for electrical, gas, sewer or water service, but not including buildings, treatment plants, water storage tanks, pumping or regulator stations, major transmission lines, storage yards and substations which are permitted with a conditional use permit. 18) Family day care home 19) Flower shops and greenhouses incidental thereto. 20) Home occupations, urban. 21) Hospital or clinic for humans 22) Hospital or clinic for small animals, dogs, cats, birds and the like, provided that such hospital or clinic and any treatment rooms, cages, pens or kennels, be maintained within a completely enclosed, soundproof building, and that such hospital or clinic be operated in such a way as to produce no objectionable noise or odors outside its walls. 23) Housing or dormitory facilities associated with schools, churches, and recognized nonprofit organizations, with a conditional use permit. 24) Institutions, educational or philanthropic, including museums, art galleries and libraries. 25) Laundromats or self-service/ drop-off dry-cleaning establishments 26) Nursery schools, kindergartens, child care centers, day nursery or child day care centers 27) Offices, general business or professional. 28) Pet shop or dog beauty parlor, provided that any work rooms, cages, pens or kennels be maintained within a completely enclosed, soundproof building and that such shop or parlor be operated in such a way as to produce no objectionable noise or odors outside its walls. 29) Private club, lodge, meeting hall or fraternal organization. 30) Private schools, primary and secondary, colleges or universities 31) Public or governmental buildings and uses, including schools, fire stations (volunteer or otherwise), parks, parkways, playgrounds and public boat landings 32) Radio or television transmission or receiving station or tower with a conditional use permit. 33) Recreational uses or facilities, commercially operated or for a private membership, such as golf courses, country clubs, game courts, swimming pools, archery range, and fishing or boating lakes, or similar activities, and accessory facilities, including sale of food, beverages, bait, incidentals, supplies and equipment 34) Restaurants, drive-in or otherwise. 35) Rooming and boarding houses. 36) School bus or ride sharing passenger shelter without advertising. 37) Shops for the sale, service, or repair of home appliances, watches and clocks, luggage and leather goods, office machines, electrical and television and phonograph and radio equipment, occupying not more than two thousand five hundred (2,500) square feet of floor area. 38) Stores or shops for the conduct of retail business, including sale of accessories, antiques, appliances, art or art supplies, beverages (alcoholic or otherwise), carpets, clothing, drugs, fabrics, food, furniture, jewelry, office supplies and stationery, paint, wallpaper, sporting goods and stationery and similar stores and shops. 39) Studios or shops for artists, photographers, writers, teachers, jewelers, weavers or other craftsmen, sculptors or musicians.

3 40) Wireless communication facilities per section of this chapter. 41) The administrator may permit other retail, office, and institutional uses similar to those listed above which do not create any more negative impacts in surrounding areas than that which are generally associated with the uses specifically permitted. Conditions prerequisite to application No application for approval of a Planned Mixed Use development shall be considered or approved unless the following conditions are met: Minimum tract size Minimum area for the creation of a Planned Mixed Use District development shall be fifty (50) contiguous acres. Incremental additions to such districts shall be immediately adjacent to the existing P-MU District and shall be appropriately sized to accommodate proposed improvements. The minimum area may be a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for a zoning map amendment to the P-MU District in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant s title and interest to the subject properties. Minimum lot area, frontage There shall be no minimum lot area, width, or frontage requirements for a lot within a Planned Mixed Use District development other than as specified in an approved master development plan. Consideration shall be given during the design review process to location, orientation, spacing, and setbacks of building, maintenance of common areas and other landscaped areas, access points to ensure the proposed development is compatible with surrounding, adjacent, and nearby developed and undeveloped properties. Site Planning A master site plan shall be required as part of the zoning map amendment request submittal in the Planned Mixed Use District. Such site plan will be approved as part of the amendment request by the Board of Supervisors after review and recommendation by the Planning Commission. Changes to the approved master site plan must be reviewed by the Planning Commission and approved by the Board of Supervisors. Site planning within the district shall provide for protection of surrounding areas from any adverse effects which may be anticipated within the district. Yards, fences, wall, or vegetative screening shall be provided where needed to protect residential and institutional properties or public streets from undesirable views, lighting, noise, or other off-site influences. Outdoor storage, extensive off-street parking areas, service areas and lading areas shall be effectively screened so as to limit views year-round from off-site. Residential uses shall be arranged within the planned development to allow maximum pedestrian convenience and access to commercial and recreational uses within reasonable walking distance. Residential and commercial uses may be located within the same structure in a town-center-type area of the planned development. Buildings containing retail, commercial or office-type uses shall be grouped in relation to parking areas so no further vehicular movement is necessary after parking a vehicle to accommodate customer access. Access routes for delivery and services shall, in so far as practical, be separated from customer access routes. No more than forty (40) percent of the gross land area which is part of the Planned Mixed Use District development shall be devoted to office and/or commercial uses. No less than fifteen (15) percent of the developable land area devoted to residential use which is part of the Planned Mixed Use development shall be devoted to open space and recreation, exclusive of buffers, BMPs, and protected wetlands. This open space and recreation land must be held and managed by a property owners association or the developer and not be platted into any lot for sale, such as yards surrounding residences.

4 Setbacks Setbacks, external All structures except signs shall be located at least 70 from the right-of-way of any existing or planned roadway which abuts or borders the planned development. All structures including signs shall be at least 100 from the property line of any property with residential zoning or used in a residential manner which abut or border the planned development. Should building heights above 50 be granted by the Board of Supervisors as described below, one (1) additional foot in setback from external property lines shall be provided for each additional one (1) foot in building height above the 50 foot building height maximum. Setbacks, internal. All non-residential structures except signs shall be located at least 50 from roadways internal to the planned development. All non-residential structures shall be located at least 35 from the side and rear property lines internal to the planned development. Setbacks for buildings in residential use will be as shown below for the specific building type. Bulk Regulations, residential Maximum residential density Single family detached residences 3.5 units per net acre devoted to single family detached development Townhome and two-family development 12 units per net acre devoted to two-family and townhome development Multifamily development 20 units per net acre devoted to multifamily development Setbacks, internal to the development Single family detached residences 25 front setback from any public or private right-of-way, 20 rear setback, 10 side setback Townhome and two-family development see special regulations below Multifamily development see special regulations below Buffers Buffers, external Landscape buffers shall be required between the planned development and all land not part of the planned development. Should the planned development adjoin property outside the planned development with residential or institutional zoning or in residential or institutional use, the width of the buffer shall average 100, with a minimum width of 75 at any point. Averaging the buffer width encourages the development plan to retain existing healthy vegetation. Upper-story and understory trees may be grouped in areas to give the appearance of natural growth rather than planted in straight, even lines, at the discretion of the plan reviewer. Existing vegetation shall be retained to the extent appropriate to fulfill the buffer requirements. Buffers shall include: upper-story trees (trees attaining a height of no less than 60 feet) spaced no wider than twenty (20), and understory trees (trees attaining a height of no less than 18 feet) spaced no wider than fifteen (15) feet, and evergreen shrubs that attain a height of no less than six (6) feet spaced no wider than five (5) feet. At least fifty (50) percent of the upper-story and understory trees shall be evergreen and of species locally adapted to the area. Existing vegetation is encouraged to be retained and supplemented to achieve the

5 required buffer. The buffer may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of these elements. Buffers between the planned development and any abutting property not within the planned development, with non-residential zoning or in non-residential use, shall include: upper-story trees attaining a height of no less than forty (40) feet spaced no wider than thirty (30) feet, and understory trees attaining a height of no less than 15 feet spaced no wider than 25 feet, and shrubs that attain a height of no less than six (6) feet placed five (5) to eight (8) feet on center. At least 25 percent of the upper-story trees shall be evergreen and of species locally adapted to the area. At least fifty (50) percent of the understory trees and 75 percent of the shrubs shall be evergreen and of species locally adapted to the area. The buffer may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of elements. Buffers, streetscape Buffers along external roadways shall include: upper-story trees (trees attaining a height of no less than 60 feet) spaced no wider than twenty (20), and understory trees (trees attaining a height of no less than 18 feet) spaced no wider than fifteen (15) feet, and evergreen shrubs that attain a height of no less than six (6) feet spaced no wider than five (5) feet. At least fifty (50) percent of the upper-story and understory trees shall be evergreen and of species locally adapted to the area. Existing vegetation is encouraged to be retained and supplemented to achieve the required buffer. The buffer may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of these elements. Such buffers shall average 100 in width, with a minimum width at any point not less than 75. Buffers along internal roadways in non-residential areas shall include: upper-story trees (trees attaining a height of no less than 40 feet) spaced no wider than thirty (30) feet, and understory trees (trees attaining a height of no less than 15 feet) spaced no wider than twenty (20) feet, and evergreen shrubs that attain a height of no less than four feet spaced no wider than five (5) feet. At least fifty (50) percent of the upper-story and understory trees shall be evergreen and of species locally adapted to the area. Existing vegetation is encouraged to be retained and supplemented to achieve the required buffer. The buffer may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of these elements. Such buffers shall average thirty (30) feet in width with a minimum width at any point no less than twenty (20) feet. Buffers along internal roadways in residential areas shall include: Upper-story trees (trees attaining a height of no less than 40 feet) spaced no wider than 40 feet, and Understory trees (trees attaining a height of no less than 15 feet) spaced no wider than 30 feet.

6 All parking areas that abut public or private roadways and that contain more than 10 parking spaces must include evergreen shrubs that attain a height of no less than four feet spaced every 5 feet. Buffers, internal Internal buffers function as an intermittent visual obstruction from the ground to a height of at least twenty (20) feet, and create the impression of spatial separation without eliminating visual contact between uses. Said buffers shall average forty (40) feet in width, with a minimum width of 25 at any point. These buffers shall consist of upper-story trees attaining a height of no less than thirty (30) feet spaced no wider than forty (40) feet, and understory trees attaining a height of no less than 15 feet spaced no wider than twenty (20) feet, and shrubs attaining a height of no less than five (5) feet placed five (5) to eight (8) feet on center if the shrubs shield the view of a parking area. If there is no parking area to shield, no shrubs are required. At least 25 percent of the upper-story trees shall be evergreen and of species locally adapted to the area. At least fifty (50) percent of the understory trees and 75 percent of the shrubs shall be evergreen and of species locally adapted to the area. The buffer may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of elements. Maximum building and lot coverage The maximum lot area covered by non-residential buildings is limited to 60%. The maximum lot area covered in total is limited to 75% in non-residential areas, including acreage used for parking. The minimum open space calculated using the entire area included in the non-residential areas as one tract is 25%, excluding rights-of-way and undevelopable areas such as protected wetlands. Building height Buildings in the non-residential areas shall be limited to fifty (50) feet in height, except that belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials less than 150 feet in height are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest. The Board of Supervisors, upon recommendation by the Planning Commission, may consider on a case-by-case basis, requests to exceed the maximum building height during the master development plan process. Should building heights above 50 be granted by the Board of Supervisors, one (1) additional foot in setback from external property lines shall be provided for each additional one (1) foot in building height above the 50 foot building height maximum. Access Principle vehicular access for the general public and users of the development shall be only from arterial and collector streets. Access points shall be designed to minimize traffic hazards and congestion. The design for internal circulation shall be appropriately related to access points and provide for the safe and efficient movement of vehicles and pedestrians with special attention given to crossing conflicts and suitable visibility. Parking and Loading Parking shall be provided as outlined in Sec and Shared parking shall be encouraged as appropriate as outlined in Sec

7 Design guidelines Covenants shall be established by the developer and such covenants shall bind all property in the development. Such covenants shall be submitted as part of the site plan approval package for review by the Planning Commission and the Board of Supervisors. Such covenants shall provide requirements for building materials, lighting, building orientation and facades that face public rights-of-way both internal and external to the development, signage, screening of loading and storage areas visible from any public right-of-way external to the development site, signs, provisions for shared parking and ride-sharing facilities, mail delivery systems, security, landscaping, facility maintenance, and provisions for nonmotorized transportation as appropriate. Site plan guidelines as found in the County Code shall apply to all developments, including submittal materials to be provided in addition to covenants. Special regulations for two-family dwellings and townhouses. (a) The dwelling units and individual lots of a two-family dwelling or townhouse may be sold separately if separate utilities systems are provided and if separate lots for all dwelling units in a building are created at the same time and in conformance with the subdivision ordinance. (b) The following regulations shall apply to townhouses: (1) Overall project density shall not exceed twelve (12) dwelling units per acre exclusive of public rights-of-way. (2) A townhouse development or project shall consist of no less than three (3) and no more than eight (8) units contiguous to one another. A townhouse development or project containing twenty-five (25) or more dwelling units may include units designed as detached or semi-detached dwellings in accord with the development standards therefor but created as townhouses for the purposes of overall project density and right-of-way and property line setbacks. (3) The development or project shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties and to this end may employ such design techniques as may be appropriate to a particular case, including use of building types, orientation, and spacing and setback of buildings, careful use of topography, maintenance of natural vegetation, location of recreation areas, open spaces, and parking areas, grading, landscaping and screening. (4) The minimum width for all townhouses shall be eighteen (18) feet. (5) No townhouse shall exceed three (3) stories and thirty-five (35) feet in height. (6) No townhouse shall be located closer than twenty-five (25) feet from any internal public right-of-way nor within fifteen (15) feet from an internal private drive, access road or open parking area to the front or rear of such townhouse. (7) No more than three (3) abutting townhouses shall have uniform roof lines or the same setback. Variations in the setback of building faces shall be at least two (2) feet. (8) Side yard setback from an internal public right-of-way or from an internal private access road for corner units shall be at least twenty (20) feet. (9) A minimum distance of twenty-five (25) feet shall separate the end units of any two (2) groups or rows of townhouses, or any townhouse from any other abutting use or building type.

8 (10) Each lot or land area containing a townhouse shall provide a private yard at least three hundred (300) square feet in area not including parking area and at least fifteen (15) feet in depth, enclosed visually by fences, walls or planting. This 300 square feet is in addition to the minimum fifteen (15) percent of the residential area of the planned development to be devoted to open space and recreation. (11) Each townhouse shall contain at least nine hundred (900) square feet of livable floor area, exclusive of garages, carports, cellars, basements, attics, open porches, patios or breezeways. (12) Required off-street parking space of two (2) spaces per dwelling unit may be provided on the lot or within one hundred fifty (150) feet of the lot. Special regulations for multiple-family dwellings. (a) Overall project density shall not exceed twenty (20) dwelling units per acre, exclusive of public rights-of-way. Buildings must be three (3) stories in height if density is to exceed fifteen (15) dwelling units per acre. (b) The development or project shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties, particularly in larger developments or projects where more than one (1) building is involved, and to this end may employ such design techniques as may be appropriate to a particular case, including use of building types, orientation, spacing and setback of buildings, careful use of topography, maintenance of natural vegetation, location of access points, recreation area, open spaces, and parking areas, grading, landscaping and screening. (c) The principal means of access to an apartment development or project containing more than twenty-four (24) dwelling units shall be from a thoroughfare of adequate physical and functional design to handle anticipated traffic needs. Secondary access to a local residential street will be permitted only in cases where there are overriding factors of health or safety for future residents of the project or where the arrangement and conditions of the minor streets are such that the projected increase in traffic will not substantially affect the use and enjoyment of the street by present or future residents. (d) No apartment building shall contain more than twelve (12) dwelling units and no more than three (3) apartment buildings shall be contiguous. This standard does not apply to housing for the elderly and handicapped. (e) No apartment building shall be located closer than fifty (50) feet from any internal public rightof-way nor within fifteen (15) feet from a private drive, access road or open common parking area whether oriented to the front, sides or rear of the buildings, except that parking areas may be located within five (5) feet and private drives may be located within ten (10) feet of any blank or windowless wall. (f No garden apartment building shall be located closer than twenty-five (25) feet from an internal side or rear property line. (g) A minimum distance of twenty-five (25) feet shall separate any two (2) buildings or groups of apartment buildings from any other abutting use or building type. (h At least four hundred (400) square feet of commonly useable open space shall be provided for each dwelling unit. Up to fifty (50) percent of this 400 square feet per unit may be part of the minimum

9 fifteen percent required open space and recreation area of the planned development to be devoted to open space and recreation. (i) Where community refuse containers are provided as accessory uses to apartment developments, such containers shall be conveniently located for pick-up vehicle access and completely screened from view by means of a fence or wall with outside landscaping and an appropriately designed gate which can be latched open and closed. (j) Each garden apartment dwelling unit shall contain at least six hundred (600) square feet of livable floor area, exclusive of garages, carports, cellars, basements, attics, open porches, patios or breezeways, except that up to ten (10) percent of the units may be constructed with less floor area than this minimum.