DIVISION 6. PLANNED DEVELOPMENT DISTRICTS

Planned development districts may be established only through an amendment of the zoning map in accordance with the procedures for amendment prescribed in article I and as follows:

(a)  Conceptual Discussion Phase (Optional) – The prospective developer of a mixed-use project may request that the project concept be scheduled for discussion by the planning commission and board of supervisors with the objective of obtaining guidance as to the feasibility and acceptability of the project. For the purposes of this preliminary discussion, the developer need not prepare all of the material required for a Phase I submission but should be aware that the planning commission and board of supervisors will be unable to provide meaningful guidance without benefit of a considerable amount of conceptual information about the project. The developer must also understand that proceeding through this process will consume approximately ninety (90) days and that any comments or guidance with respect to the project and/or any alternative development parameters will be informal and non-binding as to the board’s ultimate action in the event the developer decides to proceed with a Phase I submission and formal application.

(b) Phase I - Overall development master plan and petition for reclassification of property. The purpose of the overall development master plan is to allow consideration and establishment of the general arrangement of land uses within a proposed planned development as well as the maximum allowable development density and other design parameters and to allow evaluation of the probable impacts, both on-site and off-site, of the proposed development.

(1) A community impact assessment shall be submitted along with the overall development master plan which shall analyze in specific terms the probable impact of the project on the community over time. The assessment shall include, but not be limited to, reports on: the projected fiscal/economic impact of the proposed development (and including a projection of the potential fiscal impact of a by-right development on the subject property); population projections; school enrollment and capacity analyses; parks and recreation activities and needs; fire, rescue and law enforcement services impacts; water, sewer, and stormwater management demands; traffic engineering analysis of projected traffic generation and the impacts on existing and proposed road systems; and, environmental impacts. The zoning administrator may waive certain elements of the community impact assessment where the nature of the proposed development makes such elements inapplicable.

(2) Twenty (20) paper copies (plus legible 11" x 17" reductions of each sheet) of an overall development master plan prepared in accordance with good planning practice, shall be submitted. In addition to an overall site layout plan, the Master Plan submission shall include conceptual information on streets, circulation and parking, open space and recreation amenities, utilities, particularly any stormwater management ponds, landscaping and pedestrian circulation, and, renderings of all major buildings or building types. Prior to formal preparation of an overall development master plan, the owner or developer is encouraged to meet with the zoning administrator to discuss the project proposal and to become familiar with the policies of the board and the procedures and requirements established herein. Depend-ing upon the nature and scope of the development proposal, such meeting should also include representatives from other appropriate review agencies and departments such as, but not limited to, the Virginia Department of Transportation, planning division, economic development office, department of environmental and development services, department of fire and life safety and the department of community services.

(3) In addition to the overall development master plan, the applicant shall submit a petition for amendment of the zoning map in accordance with the requirements and procedures for amendment as established in article I.

(4) Upon a determination by the zoning administrator that the content of the overall development master plan is sufficient for a decision to be rendered by the commission and board, the plan shall be transmitted to the commission and concurrently submitted for review and comment to appropriate county, state and federal agencies and departments. To the extent possible, reviewing agencies' comments will be transmitted to the commission within sixty (60) days at which time the commission will first consider the application.

(5) The commission shall review the submission in accordance with the public notice and hearing requirements prescribed in article I. The commission, in its recommendation to the board, shall specifically address the following:

a. The relationship of the proposed development to the comprehensive plan and other established development policy guidelines;

b. The relationship of the proposed development to the community in which it is proposed to be established;

c. The manner in which the plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and provide for the amenities of light and air, recreation, and a pleasant visual environment;

d. The nature and extent of common open space in the proposed development and the reliability of the proposals for guaranteeing perpetual maintenance;

e. The appropriateness of the development density in relation to the comprehensive plan and, in the case of mixed-use projects, the ap-propriateness of the ratio of residential to non-residential uses, proposed for the development.

f.  The compatibility of the proposal with the objectives set forth in the statements of intent for the PDR or PDMU districts.

(6) In the event the overall development master plan is approved, or approved subject to modification, the board shall establish, by ordinance, a PDR or PDMU district in the area encompassed. Such ordinance shall establish and specify such minimum and maximum design parameters as the board may deem appropriate, and may include such other conditions and requirements as the board determines necessary.

(7) In the event the overall development master plan is disapproved by the board, the application for reclassification shall thereby be deemed to be denied.

(8) If, during the course of required reviews by the commission or board, the applicant proposes revisions or modifications to the overall development master plan which are of such magnitude and extent as to substantially change the development concept, as determined by the zoning administrator, said modifications shall cause the revised overall development master plan to be referred back through the required review and hearing procedures as if it were an original submission.

(c) Phase II - Final subdivision and site plan.

(1) The approval of a reclassification application to a PDR or PDMU district, and the approval of the accompanying overall development master plan by the board, shall constitute authority for the applicant to prepare one (1) or more final subdivision or site plans. Such plans shall be prepared in accordance with the approved overall development master plan and all applicable provisions of the subdivision ordinance and the site plan provisions established in article V of this chapter.

(2) Separate subdivision or site plans shall be submitted for each development stage or section as set forth in the approved overall development master plan or as approved as a logical phase/section by the zoning administrator.  Such plans shall include, as an attachment, copies of all charters, covenants, restrictions and other instruments pertaining to the use, maintenance, operation and control of all common open space areas or other common facilities within the development. Such documents shall have been developed in accordance with the provisions established in article IV, division 17 of this chapter.

(3) All common and public improvements within the PDR or PDMU district shall be subject to performance agreements and surety requirements as with any development. In addition, those common improvements which generally constitute the "amenity package" for a PDR or PDMU district including, without limitation, the common open space and recreational facilities, but also including additional landscaping, open areas, maintenance facilities and equipment, water bodies, trails, sidewalks, pathways and any other materially similar item as determined by the zoning administrator shall be physically installed and completed prior to or concurrently with any abutting or adjacent building, whether residential or non-residential.

(4) In the event recreational areas or facilities to benefit the residents/property owners/occupants of the development are required, such areas shall be completed, available for use and enjoyment of the residents, and in the possession of the property owners association prior to the earlier of:

a. thirty-five percent (35%) of the residential units or lots authorized being platted or approved for construction; or

b. five (5) years after the date that the first residential units were platted or approved for construction.

The zoning administrator shall require such performance agreements and surety as deemed necessary to guarantee the property owner(s) within the PDR or PDMU district that the facilities will be available, regardless of the financial circumstances of the developer at the time set for completion. This shall not be interpreted to supersede the requirement established in paragraph (3) above that common improvements be physically installed and completed prior to or concurrently with the construction of any abutting or adjacent buildings.

(5) Limited deviations from the approved overall development master plan may be authorized by the zoning administrator when such deviations are determined to be necessary because of topography; drainage; structural safety; vehicular, pedestrian, or bicycle safety; or other extenuating circumstances, and provided that such deviations will not:

a. increase development density; materially alter points of access; decrease the amount of open space; increase the amount of impervious surface area; materially alter the drainage and stormwater management system;

b. materially alter recreational amenities; materially change the market orientation of the development; demonstrably and negatively affect the visual appearance of the development as viewed from adjacent properties or public roads;

c. materially alter the character of the approved overall development master plan; or,

d. be contrary to the legislative intent of the board in approving said overall development master plan.

(6) When the zoning administrator grants a limited deviation, a written record of the decision shall be made describing the request, the decision, and the factors contributing to the decision. Copies of the written record shall be forwarded to the commission and board for information purposes.