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JANUARY 22, 1968 r.:.~, L.i-,\..Lh.'._,-_'"CL l.U L~l~'\ULL'J.li !l-~l:: i-)L~OC1::Dlii::.r.: F()i{ Tl'l)~ C1U::/\. 1'10'< OF 1')-;1': PLJ\: ::,ED l'=':1 T DEVELOP:".!L'" T DISTiaCfS IN THE C1 TY OF YIRGI:\T A BEAClI. ~ WHEREAS, the use of Planned Unit Devcloprnent can provide th(~ residl:nts of this City with a more varied and interesting urban pattern; and WHEREAS, it is desirable to encourage 11'1OrC dficient and aesthetic use of open land; and WHEREAS, there is need to encourage the reservation of open space for scenic and recreation.:tl use of a pri vate or public nature; and WI'n~REAS. there is need to provide incentives for development which will .ncourage a wider range of choice and will satisfy the changing needs of the cO!l1Inunity; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: II. There is hereby established an additional zoning classification in the City of Virginia Beach and the procedures for the creation thereot: II. DEFINITION A Pl,\Imed Unit Development is here defined as a complete develop!l1ent scheme, This scherne should include development progralns and plans for all land and struct.. .ural improveD1ents within the planned area and should be in accord with the General Plan and other such guides and objectives as may be establishC'd by the: City Council. Such developments may be permitted on tracts of at least fifty (50) acres which arc under unified ownership or control. Upon approval by th0. Planning Commission, the Planned Unit Devl'lopment proposal n1ay be submitted to the City Council where it may bc adC'lptcrJ as the zoning plan for the planned area in lieu of current 7.oning, and sub- _diVision regulations. Notwithstanding th€' prOVISIons of this paragraph, an application for a Planned Unit Development on a tract of land less than fifty (50) acres may be filed and it puh- lie hCiHing shall be held thereon, as hereinafter provided, but no tentative approval of such all application shall be given by the Planning Commission unless the Comm- a ission shall find, upon a showing by the Landowner, that the minilTlllm numb0.r of acres required should be waived because a Planned Unit DevdopmC'nt is in the public interest, and that one or !l10re of the following conditions exist: 1. Because of unusual physical features of property itself or of the neighborhood in which it is located, a substzlntiill ckviation from the regulations otherwise applicClbJe is neCeSSilrY or appropriate in OHler to conserve a physical or topographiC' feature of impor- tClnce to the City; II II - 2 - 2. The property or its neighborhood has an historical character of economic in1portance to the C0111111unity that will be protected by use of a Planned Unit Developn1ent; 3. The property is adjacent to or across a street from property which has been developed or redt'veloped under the Planned Unit Develop- ment Ordinance, and a Planned Unit Development will contribute to the nlaintenance of the amenities and values of the neighboring prop- erty. ~Ih 11 . PURPOSES The purpose of the Planned Unit Developn1ent is to offer some flexibility to the developer in his approach and solution to land development problems. Single use zoning has often tended to stymie good and imaginative design and by offering the developer, architcct, and site planner the opportunity to circun1vent the tradi- tional limitations of the zoning district he shall utilize some of the new design ap- I proaches to large scale subdivisions and commercial development. The Planned Unit Development will add greater variety and vitality to land development programs. I V . APP LICA nON . In areas where Planncd Unit DeveIop!l1ent is contelnplated, the owner or owners shall file application for inclusion of the area within a pun zone. Such appli- cations should be filed with the Planning Commission accompanied by a fee of $300.00. This fee shall be applied to review, advertising, and other administrative costs asso- ciated with the processing of applications. Such applications shall be accepted for consicleration under thc following conditions: . 1. The area proposed shall be in unified ownersl1ip or control and the application should be filed jointly by all of the owners of the propel,ties incl uded in the plan. . 2. Thc plall should consider and work toward the principlcs and objectives as proposed in the statement of objective as established by the City Coun- cil and Planning Commission. V. DATA TO ACCOMPANY APPLICATION Together with the application for zoning rcclassificiation of the area ilnd evidence of unified control of the proposed development unit, the following informiition shall be sublnittcd in triplicate: . 1. A rnap or maps showing the Pl'oposed development in relation to its s~l'rounding area showing relative size and location of streds, utilitics, . 'I~;1 ~ I . . VI. . .. . - 3 - schools, and commercial facilities expected to serve the area. 2. A survey and report covering soil condition, drainage, topography, location and character of surface water and other such information as 11lay be required to determine if the site is suitable for unit de- velopluent without hazards to occupants or adjoining properties. 3. An overall preliminary development plan which shall show: a. Proposecl major vehicular and pedestrian circulation systerns. b. Proposed land uses. c. Proposed major reservation for parks, parkways. play- grounds, school sites, and other open spaces. d. Relationship to existing land uses in the surrounding areas. 4. A development schedule of the project if planned in stages. All maps should be 400-foot scale or less to the inch. Illustrations at this stage m.ay be in generalized form. 5. Nothing herein contained shall be deemed to forbid or discourage inforrnal consultations between the Landowner and the staff of the Planning Commission prior to the filing of an application for tenta- tive approval, provided no statement or representation by a melnher of the staff shctll be binding upon the Planning COHll1l.ission. PLANNING COMMISSION CONSIDERATION 1. Upon receipt of an application for Planned Unit Development meeting the foregoinr; requirements, the Planning Comrnission shall take the san1e under consideration after review and approvill by other City Departn1ents. The Commission shall consider the general plan of thp development using as its guide the Land Use Intensity Ratios as cstablishc,c1 by the Federal Housing Administration, the Master Plan and other such guides and objectives as established by City Council. 2. Upon review of the tentative plan, the Commi ssion shall advertise the proposed Planned Unit Development for public hearing in accord- ance with the provisions of Section 7 of the Master Zoning Plan. 3. The C0J1111'1ission nlay approve the tentative plzln as suhmitted, or before approval n1:l.Y require 'that the applicant modify, alter, adjust, or an1('nd the plan. ;,if.,f_~~)."{,d':"i'" <.., ,'C,. ~..,... - 4 - The Planning COl'mnission m.ay designate divisible geographic sections of the entire parcel to be developed as a Plannc.d Unit Devdopn1ent. and shall, in such case, specify reasonable periods within which dcvclop- lTIent of each such section l1l.ust be cOlllmC'ncecl, and may permit in e,l<:'h section deviations from the number of dwelling units per acre establi~hc,J for the entire Pbnned Ullit Development, provided such deviation sh,dl l)(' adjusted for in other sections of the Devc10pment so that the llUn1bC'r of dwelling units per acre authorized for the entire Planned Unit Dcvclop- n1ent is not affected. The period of the entire developn1ent and the COI11- mencen1Cnt date for cach section thereof may be modified fron1 time to time by the Planning Com.mission upon the showing of good cause by the Landowner. The Landowner shall make such easen')ents, covenant s ,tnc1 other arrangelTIents as may be determined by the Planning COlnmission to be reasonably required to assure pcrformance in accordance with the Plan and to protect the public interest in the event of abandonn')cnt of said Plan before cOlnpletion. 'VII. FINAL CONSlDERA TION The Planned Unit proposal shall be prescnted to City Council in accordance with Section 7 of the 11aster Zoning Plan. If the Planned Unit Development is approved by the City Council and the land is placed in the PUD zone, the owner or owners, before beginning development shall submit final plans phase by phase to the City Planning Com- emission for staff review and approval. Departn1ent approval shall be based on suhst<1ntiil eon1pliancc with the Master Plan, guides, objectives, and other such standards as maY' bc established by City Council. No building permits or certificates of occupancy sh,tll be issucd untiI final approval of developnwnt plans is given by the Department of City Plan- ning. No structure or use other than those indicated on final approved plans shall be peTmittccl. . This Ordinance shall be in cffect from and aftcr the date of its adopt.ion. da y of . Adopted by the Council of the City of Virginia Beach, Virginia, on the Z?ncl Janu~_, 1968 . . ,..,,..,~ n.