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1984_05_23_O018The Town of Leesburg in Virginia PRESENTED May 23~ 1984 AMENDED May 23~ 1984 ORDINANCE NO. 84-0-18 ADOPTED May ~½~ 1984 AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PROVIDE REGULATIONS AND REQUIREMENTS FOR PLANNED DEVELOPMENTS WHEREAS, an amendment of the Leesburg Zoning Ordinance to prowide regula- tions and requirements for planned developments was initiated by this Council on December 14, 1983; and WHEREAS, the Leesburg Planning Commission, after a public hearing held jointly with the Council on January' 11, 1984, recommended adoption of regula- tions and requirements for planned developments; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the adoption of regulations and requirements for planned developments to fulfill the purposes set out in Section 7B-3: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended by the adoption of a new article to be known as Article 7B, Planned Development, to read as fol- lOWS: ARTICLE 7B. PLANNED DEVELOPMENT (Sections 7B-1 through 7B-26 may be seen in the May 23, 1984 draft on file in the Clerk's Office) SECTION II. Ail prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. PASSED this 23rd day of May . , 4. Robert E SeV~ila, Mayor Town of Leesburg ATTEST: Clerk of C~ncil Amendment of the Leesburg Zoning Ordinance to Provide Planned Development Regulations May 23, 1984 To~n of Leesburg in Virginia 15 West Market Street Post Office 88 Leesburg, Virginia 22075 PDORD.TIT The Town of Leesburg in Virginia PLANNED DEVELOPMENT REVIEW PROCESS 1. Sketch Plan (preliminary general plan of uses, major thoroughfares, density) e Review and comment to applicant Concept Plan/Town Plan Amendment Refer to Planning Commission Hearing and Recommendation Hearing, approval/disapproval Manager/staff Zoning Administrator Planning Commission Town Council 3. Preliminary Development Plan and Rezoning Petition (general plan., road plan, landscape schedule, etc.) Refer to Planning Commission set hearing Zoning Administrator Report to Planning Commission Manager/staff Hearing and recommendations Planning Commission Set Council hearing Zoning Administrator Report Manager/staff Hearing, approval/disapproval Town Council Final Development Plan (detailed plan, as required by Subdivision Regulations and as necessary to show conformity with PD district ordinance) Report Review and Recommendation Approval Manager/staff Planning Commission Town Council 5. Construction Plans (plans and specifications for public improvements) Approval/disapproval Director of Engineering 6. Public Facilities A~reement~ Bonding and Utility Extensions Approval/disapproval Town Council 7. Final Plat or Site Plan Review and approval/disapproval Review developer's legal opinion Certify compliance with requirements Approval/disapproval of any revisions Director of Engineering Town Attorney Manager Town Council Revised 5/23/84 (Not part of ordinance, explanatory material only.) PDORD.PDRP Sections 7B-1 7B-2 7B-3 7B-4 7B-5 7B-6 7B-7 7B-8 7B-9 7B-10 7B-11 7B-12 7B-13 7B-14 7B-15 7B-16 7B-17 contents PLANNED DEVELOPMENT REGULATIONS DEFINITIONS ....................... GENERAL APPLICATION ................... PURPOSE ......................... ZONING MAP ....................... GENERAL PROCEDURES ................... (a) Administration ................... (b) Fees ........................ (c) Sketch Plan ................ .--_. Concept PlankTon. Plan' 'end'ent .......... (e) Preliminary Development Plan and Rezoning Petition.. (f) Final Development Plan ............... (g) Final Plat or Site Plan ............... (h) Time Limit ..................... (i) Frequency of Application .............. APPLICATION FOR SKETCH PLAN REVIEW ........... PETITION FOR CONCEPT PLAN APPROVAL AND AMENDMENT OF THE TOWN PLAN ............. PETITION FOR APPROVAL OF PRELIMINARY DEVELOPMENT PLAN APPROVAL AND ZONING MAP AMENDMENT ......... CRITERIA FOR APPROVAL OF PLANNED DEVELOPMENT DISTRICTS .................. ORDINANCE APPROVING PRELIMINARY DEVELOPMENT PLAN AND PLANNED DEVELOPMENT DISTRICT .......... APPLICATION FOR FINAL DEVELOPMENT PLAN APPROVAL ...................... CRITERIA FOR A FINAL DEVELOPMENT PLAN APPROVAL ...... CRITERIA FOR FINAL SUBDIVISION PLAT APPROVAL ....... MINIMUM SIZES OF PLANNED DEVELOPMENT DISTRICTS ..... PLANNED RESIDENTIAL NEIGHBORHOOD (PRN) DISTRICT REGULATIONS ............... PLANNED RESIDENTIAL COMMUNITY (PRC) DISTRICT REGULATIONS ............... PLANNED EMPLOYMENT CENTER (PEC) DISTRICT REGULATIONS .................. 4 6 6 6 7 7 8 10 10 10 11 11 12 13 15 18 20 21 22 23 23 26 29 Sections 7B-18 7B-19 7B-20 7B-21 7B-22 7B-23 7B-24 7B-25 7B-26 RESIDENTIAL AND NON- RESIDENTIAL DENSITY, IN GENERAL ......................... PLANNED DE VELOPHE NT RESIDENTIAL DENSITY LIMITS ............... PLANNED DEVELOPMENT NON-RESIDENTIAL DENSITY LIMITS ............. MANAGEMENT OF COMMON OPEN SPACE AND IMPROVEMENTS ................. REQUIREMENTS FOR LANDSCAPING IN ALL PLANNED DEVELOPMENTS ............... TIME FOR COMPLETION OF PLANNED DE VE LOPME NT ................... IMPROVEMENT OF COMMON AND PUBLIC OPEN SPACE ....... VARIANCES ........................ SEVERABILITY ...................... 33 33 36 38 4O 42 42 43 44 PDORD.CON2 The Town of Leesburg in Virginia PRESENTED May 23~ 1984 AMENDED May 23~ 1984 ORDINANCE NO. 84-0-18 ADOPTED. May 23~ 1984 AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PROVIDE REGULATIONS AND REQUIREMENTS FOR PLANNED DEVELOPMENTS. WHEREAS, an amendment of the Leesburg Zoning Ordinance to provide regulations and requirements for planned developments was initiated by this Council on December 14, 1983; and WHEREAS, the Leesburg Planning Commission, after a public hearing held jointly with the Council on January 11, 1984 recommended adoption of regu- lations and requirements for planned developments; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the adoption of regulations and requirements for planned developments to fullfill the purposes set out in Section 7B-3: THEREFORE, ORDAINED by the Council of the Town of Leesburg in 'Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended by the adoption of a new article to be known as Article 7B, Planned Development, to read as follows: ARTICLE 7B. PLANNED DEVELOPMENT Section 7B-1. Definitions. As used in this article, the following terms or words shall have the meanings given below unless the context clearly requires otherwise. (a) "Common open space" shall mean open space owned and maintained by a property owners association or a condominium unit owners association in accordance with the provisions of Section 7B-21 of this ordinance. PDORD.1 7B-1 (b) "Community retail commercial" shall mean retail commercial and service uses oriented to serve several neighborhoods which typically include neighborhood retail commercial uses and including, but not limited to, in addition, a variety-department store, florist, milliner, furniture store, radio and television repair shop, shoe store, gift shop, liquor store, men's and women's clothing stores, book store, toy store and movie theatre. (c) "Concept plan" shall mean the plans, maps, writings, and other documents required by Section 7B-7, herein which describe a planned development for purposes of approving the concept plan and amending the town plan. (d) "Final Development Plan" shall mean the application describing all the proposed or approved buildings, structures, signs, landscaping, land uses and improvements to be located within all or part of a planned development district and including the plans, maps, writings and other documents as required by Section 7B-11 of this ordinance. (e) "Final plat or site plan" shall mean the application, plans, maps, writings or other documents required for final subdivision plats and developments by the Leesburg Subdivision and Land Development Regulations, including subdivision plats to be recorded. (f) "Floor area ratio" or "FAR" shall mean the quotient of the gross floor area of all building stories, measured to the outside of walls, on a zoning lot divided by the lot area of that zoning lot. (For example, a 25,000 square foot building on a 100,000 square foot lot has a FAR of 0.25. ) (g) "Landscaped open space" shall mean open space, either public, common or private, improved by landscape plant materials and structures to provide privacy or to screen incompatible uses. 7B-1 3 (h) "Neighborhood retail commercial" shall mean neighborhood-oriented retail uses which typically include a grocery store, drug store, personal service establishments, small specialty shops and a limited number of small professional offices. (i) "Open space" shall mean land area within a planned development intended to provide light, air and space to be designed for aesthetic or recreational purposes, and to be accessible and in reasonable proximity to residents or occupants of the development; including 50 percent of public school sites provided by the planned development. Open space shall not in- clude streets, drives, off-street parking and loading areas, areas so located or of such size or shape to have no substantial aesthetic or recreational value and any area within residential lots. (j) "Preliminary development plan" shall mean the plans, maps, writings, rnd other documents required by Section 7B-8 herein which describe a planned development for purposes of enacting specific zoning regulations applicable to the planned development. (k) "Problem soils" shall mean soils classified as Class IV soils by the office of the Loudoun County Soil Scientist. (1) "Public open space" shall mean open space dedicated or conveyed for public use. (m) "Sketch plan" shall mean a general description of the development and use of all land located within a proposed planned development district including the plans, maps, writings and other documents as required by Section 7B-6 of this ordinance. (n) "Town plan" shall mean the most recent comprehensive plan for the town adopted pursuant to Article 4, Chapter 11, Title 15.1 of the Code of Virginia, as amended, or the interim plan for territory annexed to the town effective January 1, 1984 as described in the annexation order. PDORD.3 7B-1/7B-3 (o) (Reserved) 4 Section 7B-2. General Application. (a) The provisions of this article apply to planned development districts approved by the Town Council for planned residential neighborhoods; planned residential communities; and planned employment centers (all called "planned developments" in this article). (b) No person shall erect or alter any building, structure or sign on any tract of land or use any tract of land within a planned development district except in conformance with the requirements and limitations of the ordinance approving the preliminary development plan and establishi~tg the planned development district. No development plan or final plat or site plan shall be approved except in conformance with this article and the ordinance approving the preliminary development plan and establishin~g a planned development district or the resolution approving the final development plan. Section 7B-3. Purpose. These regulations are intended to promote and enhance the public health, safety and welfare by providing comprehensive regulations and requirements for unified planning and development of tracts of land held in common ownership or control. In considering petitions for concept plan PDORD.4 7~-3/7~-~ 5 approval, the Town Council shall consider the extent to which the concept plan for the planned development fulfills the following objectives: (a) To promote a harmonious mixture of land uses and housing types and housing cost which will allow people to work and shop in the neigh- borhood in which they live. (b) To encourage creative and innovative design to complement and enhance the town's visual character. (c) To ensure adequate provision and efficient use of open space and recreational facilities. (id) To provide for the enhancement and preservation of property with unique features such as historic significance, sensitive environmental resources and scenic qualities. (e) To promote good transportation design to minimize new traffic generation and separate pedestrian, bicycle, local residential and through motor vehicle traffic. (f) To reduce public utility maintenance costs by encouraging effi- cient land use patterns. (g) To promote energy-conserving buildings and site designs and land use patterns. (h) To implement relevant provisions of the November 15, 1982 annexation agreement between the town and Loudoun County. Section 7B-4. Zoning District Map. (a) The zoning district map maintained by the zoning administrator is made a part of this Article by reference as if set out fully herein. (b) Any part of the town may be classifie6 into one of the planned development districts and the designations shown on the zoning district map shall be as shown below: PDORD.5 ' 7S-4/7S-5 6 PRN shall mean a planned residential neighborhood district. PRG shall mean a planned residential community district. PEG shall mean a planned employment center district. (lc) Appropriate symbols on the map shall show the existence of a planned development district applicable to any tract of land. (d) Residential density limits shall be as expressed in the town plan for territory annexed at midnight December 3], 1983 or as follows for territory within the town before midnight December 31, 1983: (See Sec. 7B-19.) For territory zoned R-l, the density limits shall be: 2-4.5 For territory zoned R-2, the density limits shall be: 3-6.25 For territory zoned R-3, the density limits shall be: 4-8 For territory zoned R-4, the density limits shall be: 6-12 For territory zoned B-I, the density limits shall be: 6-12 For territory zoned B-2, the density limits shall be: 6-12 Section 7B-5. General Procedures. (a) Administration: All petitions, applications and supporting documents for planned developments shall be filed with the zoning admin£strator, who shall maintain and make available for public inspection permanent records of all applications and related actions. (b) Fees: Fees to be paid to the town for consideration of planned development petitions and applications shall be as follows: (1) Sketch plan review and comment, the fee shall be $550.00. (2) A petition for concept plan approval and amendment of the town plan. The fee shall be $1,450.00. (3) An application for preliminary development plan approval and establishment of a planned development district, the fee shall be $1,000.00 plus $16.00, $20.00 or $40.00 per acre for PRN, PRC or PgC districts, respectively. PDORD.6 713-5 7 (4) An application for final development plan approval for all or part of a planned development, the fee shall be $850.00 plus $12.00, $15.00 or $30.00 per acre for PRN, PRC or PEC districts, respectively. (c) Sketch Plan: Applicants for planned development districts shall first submit three copies of the sketch plan for the planned development for review and comment. (See Section 7B-6.) The town manager shall review the sketch plan and within 30 days provide the applicant with commen~ts and recom~aendations indicating general areas of nonconformity with the town plan and this ordinance. (d) Concept Plan/Town Plan Amendment. (1) A petition for concept plan approval and amendment of the town plan shall be filed after the applicant's receipt of the town manager's comments or after 30 days if no comments are received. (See Section 7B-7.) (2) The zoning administrator shall then refer the petition to the Planning Commission and set the date for and advertise a public hearing by the Planning Commission on the proposed concept plan and amendment of the town plan, to be held at a scheduled meeting of the iPlanning Commission as soon as permitted by Sec. 15.1-431 of the Code of Virginia, as amended. (3) The zoning administrator shall refer the petition to the Loudoun County administrator, school board and director of health, the Virginia Department of Highways and Transportation; and the fire marshal for review and comment. These written comments shall become a part of the record of the planned development. PDORD.7 7B-5 (4) The town manager shall review the petition and provide the Planning Commission with referrals, comments and recommendations before its public hearing. (5) The Planning Commission shall review the petition and make a recommendation to the Town Council to approve, approve with modifica- tions or disapprove the petition within 60 days of the public hearing. (6) After the Planning Commission has made its recommendation, or 60 days after the public hearing if no recommendation has been made the zoning administrator shall forward the petition and any recommenda- tion to the Town Council. The town clerk shall set the date for and advertise the public hearing on the petition to be held at a scheduled meeting of the Town Council as soon as permitted by Section 15.1-431 of the Code of Virginia, as amended, to be held as soon as practical at a meeting of the Town Council. (7) The town manager shall review the petition and recom,~enda- tion of the Planning Commission and shall provide the Town Council with comments and recommendations before its public hearing. (8) The Town Council shall approve, approve with modifications .or disapprove the petition for approval and amendment of the town plan within 30 days of the public hearing. (e) Preliminary Development Plan and Rezouin~ Petition. (1) A petition for preliminary development plan approval and establishment of a planned development district shall be filed at any time after the filing of a petition for concept plan approval and amendment of the town plan. (See section 7B-8.) (2) The zoning administrator shall refer the petition to the Planning Commission and set the date for and advertise a public PDORD.8 ~ 7B-5 9 hearing by the Planning Commission on the proposed preliminary development plan and establishment of a planned development district to be held at a scheduled meeting of the Planning Commission as soon as permitted by Sec. 15.1-431 of the Code of Virginia, as amended. (3) The zoning administrator shall refer the petition to the Loudoun County administrator, school board and director of health; the Virginia Department of Highways and Transportation; and the fire marshal for review and comment. These comments shall become a part of the record of the planned development. (4) The town manager shall review the petition and provide the Planning Commission with referrals, comments and recommendations before its public hearing. (5) The Planning Commission shall review the petition and make a 'recommendation to the Town Council to approve, approve with modifica- tions or disapprove the petition within 60 days of the public hearing. After the Planning Commission has made its recommendation, or 60 days after the public hearings if no recommendation has been made, the zoning administrator shall forward the petition and any recommendation to the Town Council. The town clerk shall set the date for and adver- tise the public hearing on the preliminary development plan and establishment of a planned development district as required by Section 15.1-431 of the Code of Virginia, as amended, to be held as soon as practical at a meeting of the Town Council. (6) The town manager shall review the petition and recommen- dation of the Planning Commission and shall provide the Town Council with comments and recommendations before its public hearing. PDORD.9 7B-5 10 (7) The Town Council shall approve, approve with modifications or disapprove the petition within 60 days of the public hearing. ~Cf) Final Development Plan. Applications for final development plan approval for all or part of a planned development may be filed after approval of the preliminary development plan and establishment of the planned development district. (See Sec. 7B-11.) The Planning Commission shall review the application and within 30 days of the application make a recommendation to the Town Council to approve, approve with modifications or disapprove the application. The town manager shall within 30 days of the application transmit the applica- tion to the Town Council with his comments and recommendations. The Town Council shall within 45 days thereafter approve, approve with modifications or disapprove a final development plan for all or part of the planned deve- lopment. An approved final development plan shall serve as an approved preliminary plat or development plan under Article IV, Chapter 13 of the Town Code. (g) Final Plat or Site Plan. Applications for final plat or site plan approval of all or part of a planned development may be filed for those parts of tracts for which the Town Council has approved a final development plan. (See Sec. 7B-13.) The town manager within 15 days of an application shall act to approve, conditionally approve or disapprove a final plat or site plan. Except as modified herein, the requirements for approval of a final plat or site plan, including required fees, shall be as set out in the Leesburg Subdivision and Land Development Regulations. (h) Time Limit. Any limit of time allowed to act upon a petition or application may be varied by agreement of the petitioner or applicant. PDORD.10 7B-5/7B-6 (i) 11 Frequency Of Applications. No petition for concept plan approval and amendment of the town plan shall be considered within one year from the date of the disapproval of a similar petition for concept plan approval and amendment of the town plan for all or part of the tract. Section 7B-6. Application for Sketch Plan Review. An application for review of a sketch plan for a planned development shall be filed in three copies on standard forms provided by the zoning administrator and accompanied by the fee provided in Sec. 7B-5. The appli- cation shall include a map of the property and land area within two hundred feet showing: (a) The general location and arrangement of proposed uses, including open space and recreational uses; (b) The general alignment of major arterials or primary thorough- fares; minor arterials or major thoroughfares; and through collector roads; and general alignment of pedestrian ways; (c) The location of sensitive and critical environmental features as defined in the town plan (that is, steep slopes, flood plains, and problem soils); (d) The approximate number of dwellings by type and the approximate floor area of non-residential uses; and (e) Such other information as is necessary and appropriate to show compliance with town plan policies. If the planned development is inconsistent with town plan policies, the applicant shall submit proposed amendments of those policies with information showing how the revised policies would better achieve the goals and objectives of the town plan. PDORD.11 7~-7 12 Section 7B-7. Petition for Concept Plan Approval and Amendment. of the Town Plan. (a) A petition for concept plan approval and amendment of the town plan shall be filed in 25 copies on standard forms provided by the zoning administra- tor and accompanied by a fee provided in Sec. 7B-5. The petition shall include a map of the property and land area within two hundred feet showing: (1) The general location and arrangement of proposed uses, including open space and recreational uses; (2) The general alignment of major arterials or primary thorough- fares; minor arterials or major thoroughfares; and through collector roads; and general alignment of pedestrian ways; (3) The location of sensitive and critical environmental features as .defined in the town plan (that is, steep slopes, flood plains, and problem soils); (4) The approximate number of dwellings by type and the approxi- mate floor area of non-residential uses; and (5) Such other information as is necessary and appropriate to show compliance with town plan policies. (c) If the planned development is inconsistent with town plan policies, the applicant shall submit proposed amendments of those policies with informa- tion showing how the revised policies would better achieve the goals and objectives of the town plan. (d) A petition for concept plan approval and amendment of the town plan and a petition for approval of a preliminary development plan and e~3tablishment of a planned development district may be submitted and considered simulta- neously, provided the submission requirements for each are met by the respective petitions. PDORD..12 7B-8 13 Section 7B-8. Petition for approval of Preliminar~ Development Plan and Zonin$ Map Amendment. (a) Notwithstanding the provisions of other articles of this ordi- nance, the Town Council, upon petition of any property owner, may approve a preliminary development plan and change the district boundaries shown on the Zoning District Map and classify property in the town in one or more of the planned development district(s) in accordance with the procedures pro- vided provided in this Article. (b) A petition for approval of a preliminary development plan and classification of property in a planned development district shall be filed in 25 copies on standard forms provided by the zoning administrator, be accompanied by the fee provided in Section 7B-5 above and contain the following: (1) Proposed maximum numbers and types of dwellings; floor area and sales price ranges by types of dwellings. (2) Proposed non-residential uses by general category. (3) Proposed maximum floor area of non-residential buildings by type of use. (4) Proposed location and types of all uses, including open space. (5) Proposed public facility sites, areas and locations and the general description of their development (6) Proposed general plan for landscaping all areas showing lawns, greens, tree cover, landscape screens and buffers, including plans for peripheral areas. (7) Proposed maximum building heights. (8) Proposed minimum lot areas, depth and width. (9) Proposed minimum yard requirements, where applicable.. (10) Proposed maximum size, height and number of signs and proposed limitations and requirements on private signs. PDORD.13 7B-8 14 (1l) A 1:2400 (one inch=200 feet) scale planimetric and topo- graphic map of the property and land area within 200 feet thereof accu- rately drawn on the Loudoun County photogrammetric base maps and show- ing the boundary line and other features of the planned development, including the location of sensitive and critical environmental features as defined in the town plan and the location of all types of uses. (12) Proposed thoroughfare plan showing the general location and typical sections, excluding pavement design, of major arterials or primary thoroughfares, minor arterials or major thoroughfares, through collector and local collector roads and the projected ultimate traffic volume and level of service for each. (13) Proposed general plan for pedestrian circulation, paths, bikeways and trails. (14) General location of off-street parking and loading facilities and proposed requirements for number, design and main- tenance of off-street parking and loading facilities. (15) Proposed limitations and requirements on buildings and land uses including accessory buildings and uses, such as home occupations. Proposed requirements for screening of outdoor non-residential (16) U8~8o (17) Deed description and map of survey of the boundary and existing easements made and certified by a state certified land surveyor. (18) Names and mailing addresses of owners of the planned development. (19) Proposed name of the planned development. (20) The names of all abutting subdivisions and the names and mailing addresses of owners of record of abutting property. PDORD.14 7B-8/7B-9 15 (21) Location, names and width of existing and proposed public and private streets, parks and other public open spaces within and :immediately adjacent to the proposed planned development. (22) All parcels of land and easements proposed to be dedicated for public use and the conditions of each dedication. (23) Date, true north point, scale and a key map showing the general location of the proposed planned development. (24) The zoning classification for the area within and adjacent to the proposed planned development and the proposed zoning classifi- .cation of the planned development. (25) The proposed plan for development phasing indicating the time schedule for submittal of final development plans for the planned development. (26) Supporting calculations and documentation to support: findings of additional benefit to the public health, safety and welfare which justify additional residential density or floor area ratio of non-residential buildings under Sections 7B-19 and 7B-20. (27) Plans, building elevations and architectural details sufficient to show compliance with Section 7B-9(b). Section 7B-9. Criteria for Approval of Planned Development Di~tricts. (a) No ordinance approving a preliminary development plan and establishing a planned development district shall be considered unless the Town Council first approves the concept plan, amends the town plan and finds the proposed planned development promotes the public health, safety and welfare. To this end an applicant for approval of a planned development shall show and the Town Council shall find that a proposed planned development: PDORD.15 7B-9 16 (1) is in conformity with the town plan; (2) better achieves the purposes of Section 7B-3 as well as or better than would development under other zoning district regulations; (3) is compatible with the surrounding neighborhood; (4) mitigates conflicts of use with adverse impacts on existing and planned development; (5) provides adequate public facilities and amenities; (6) adequately accommodates anticipated motor vehicle traffic volumes, including emergency vehicle access; (7) preserves existing vegetation to the extent practical; (8) mitigates unfavorable topographic and geological conditions; and (9) includes appropriate noise attenuation measures. (b) Planned development districts shall be characterized by superior architectural treatment and site planning as measured by the following criteria: (1) Architectural treatment should avoid massive, monolithic and repetitive building types, facades and set-backs. (2) Landscaping should increase the visual quality of building design, open space, vehicular and pedestrian areas and screen areas of low visual interest (such as storage and delivery areas) from public view. (3) Street and parking systems should contribute to the aesthetic character of the development. (4) Signs should be subject to uniform regulations, be compatible with the design and scale of the development and contribute to the visual character of the development. PDORD. 16 7B-9 17 (5) Neighborhood retail commercial and office uses where provided should blend architecturally with surrounding residential uses or be appropriately separated by distance, screening or topography. (6) Open space, recreation and other public facilities should be integrated with the organizational scheme of the neighborhood and tow-Il o (7) Cul-de-sacs and loop streets should be used in residential areas where appropriate to discourage through traffic. (8) Pedestrian and bicycle circulation systems should be included to assure safe and convenient access between properties and activities within the neighborhood. (9) Non-residential uses should be located on arterial or col- lector streets without creating through traffic in residential areas. (10) Development plan should be arranged to maximize the opportunity for privacy and security by residents. (c) No planned development shall be approved which contains lots with areas of widths less than provided below for the dwelling types shown: Dwellin~ Types Lot Area Lot Width Single family, detached 6000 square feet 50 ft Single family, clustered 5000 square feet Single family, attached (townhouses) Minimum 1200 square feet Average 2000 square feet 50 ft 12 ft 20 ft PDORD.17 7B-9/TB-lO Two-family (duplex) Multi-family one bedroom two bedrooms three bedrooms four bedrooms 8,000 square feet 18 75 feet 10,000 square feet 75 feet Where average requirements are provided above, no final plat or site plan shall be approved in which the arithmetic mean of lot areas or lot widths is less than provided. Section 7B-10. Ordinance Approving Preliminary Development Plan and the Planned Development District. (a) An ordinance approving a preliminary development plan and the establishment of a planned development district shall describe the tract of land within the zone by metes and bounds or survey plat prepared by a certified land surveyor or registered professional engineer and incorporate or include by reference writings, maps or other documents showing the following: (1) Maximum numbers and types of dwellings. (2) Non-residential uses by general category. (3) Maximum floor area of non-residential space. (4) Locations and general character of all uses. (5) Locations and the general character and plan for improvement of public facility sites. (6) General plan for landscaping showing lawns, greens, tree cover, landscape screens and buffers. (7) Maximum building height limitations. (8) Minimum lot area, depth and width requirements. (9) Minimum yard requirements, where applicable. (10) Maximum size, height and numbers of signs and proposed limitations and requirements on private signs. PDORD. 18 7B-lO 19 (11) Thoroughfare plan showing the general location and typical cross sections, excluding pavement design of major arterials or pri- mary thoroughfares, minor arterials or major thoroughfares, through collector and local collector roads. General plan for pedestrian circulation, paths, bikeways and (12) trails. (13) General location of off-street parking and loading facilities and proposed limitations and requirements on construction and maintenance of off-street parking and loading facilities. (14) Approved proffers submitted under this ordinance. (15) Limitations and requirements on buildings and uses, including accessory buildings and uses, such as home occupations. (16) Name of the planned development. (17) General location and size of parcels of land and easements to be dedicated for public use and the conditions of each dedication. (18) Planned development district designation for the planned development (PRN, PRC, PE). (19) Plan for development phasing indicating the time schedule for submittal of final development plans for the planned development which may be amended as provided in Section 7B-23. (b) No ordinance approving a preliminary development plan and establishing a planned development district shall be effective until[ the owner of the tract of land involved has signified acceptance and agreement to the terms and conditions of the ordinance. (c) The ordinance approving a preliminary development plan anti establishing planned development districts shall supercede all provisions of this ordinance to the contrary. ?DORD.19 7B-lO/7B-11 20 (d) The approval of a preliminary development plan and establishment of a planned development district entitles the owner of land within the zone to apply under this article for approval of final development ]plans for all or part of the district and only to develop and use the land pursuant to this ordinance and the ordinance creating the district. (e) The provisions of an ordinance approving a preliminary develop- ment and establishing a planned development district or any proffered conditions made a part thereof shall govern those matters covered in paragraph (a) above. Any changes proposed in an approved planned development, except as provided in Sec. 7B-12 herein, shall be by amendment of the ordinance in accordance with procedure provided herein for adoption of such an ordinance. Section 7B-11. Application for Final Development Plan Approval. Applications for final development plan approval shall be filed in 15 copies on standard forms provided by the zoning administrator, be accompanied by the fee provided in Sec 7B-5 and contain the following: (a) All writings, maps or other documents required by Sections 13-61 and 13-70 of the Town Code for applications for preliminary subdivision plats and preliminary development plans; and (b) Ail writings, maps or other documents necessary to show compliance of the proposed development plan with this article and the ordinance approving the preliminary development plan and establishing the planned development district. (See Section 7B-21.) (c) Information concerning private streets and common drives as follows: PDORD.20 7B-11/7B-12 21 (1) Map of proposed private streets and common drives. (2) Plan for maintenance of private streets and common drives. (3) Typical cross-sections and construction details of private streets and common drives. Section 7B-12. Criteria for Development Plan Approval. (a) A resolution approving a final development plan for all or part of a planned development district shall describe the tract of land by metes and bounds or survey plat prepared by a certified land surveyor or registered professional engineer for which approval is granted and incor- porate or include by reference writings, maps or other documents showing the following: (1) Conditions for approval of the final development plan. (2) Variances of requirements of Article 4, Chapter 13, of the Town Code. (3) Other or appropriate information to show compliance with the ordinance approving the preliminary development plan and establishing the planned development district. (b) No resolution approving a final development plan shall be effective until the owner of the tract of land involved has signified acceptance of and agreement to the terms and conditions of the resolution. (c) No development plan shall be approved which: (1) Permits residential density greater than provided in the ordinance establishing the planned development district; (2) Permits floor area of nonresidential uses greater than pro- vided in the ordinance establishing the planned development district. (3) Reduces the area reserved for open space below the minimum required by this article; or PDORD.21 7B-12/7B-13 22 (4) Permits a change in the use or character of the planned development. (d) The approval of a final development plan entitles the owner to apply under this article and the Leesburg Subdivision and Land Development Regulations for approval of a final plat or site plan for all or part of the planned deve- lopment. Section 7B-13. Criteria for Final Subdivision Plat Approval. (a) No final plat or site plan within a planned development shall be approved which: (1) Permits a residential density greater than provided in the resolution approving the final development plan; (2) Permits floor area of non-residential uses greater than pro- vided in the resolution approving the final development plan; (3) Reduces the areas reserved for open space; or (4) Permits a change in the use or character of the planned development. (b) Approval and recordation of a final plat or site plan requires: (1) Certification by a state certified surveyor or registered professional engineer that the final plat or site plan is accurately drawn in compliance with applicable regulations. (2) Certification by a certified land surveyor or registered professional engineer that the construction plans have been prepared in compliance with applicable regulations. (3) Certification of the director of engineering that the construction plans and the final plat or site plan are in compliance with applicable regulations. (4) Opinion of an attorney for the applicant, in a form approved by the town attorney, that dedications of public rights-of-ways and PDORD.22 7B-13/7B-15 23 other public areas are free of any liens and encumbrances and valid and that all legal instruments required by this ordinance have been validly executed. (5) Approval of the Town Council of any final plat or site plan which is not drawn in complete compliance with the final development plan. The Town Council shall consider the final development plan and the Leesburg Subdivision and Land Development Regulations when acting to approve, con- ditionally approve or disapprove any final plat. (6) Certification of the town manager that the final plat or site plan is in compliance with the final development plan and that all required approvals have been granted. (7) Agreement for public improvements and utility extensions authorized by the Town Council and completion of one of the requirements of Section 13-58(d) of the Leesburg Subdivision and Land Development Regulations. Section 7B-14. Minimum Sizes of Planned Development Districts.. (a) Planned residential neighborhood (PRN) districts shall be at least five acres unless the Town Council finds a smaller area suitable for a planned residential development by virtue of its unique historic or environmental features or its redevelopment and infill development potential. (b) Planned residential community (PRC) districts shall not be less than 200 acres. (c) Planned employment center (PEC) districts shall be at least five acres unless the proposed planned development is a logical extension of an existing commercial or employment area. Section 7B-15. Planned Residential Neighborhood (PRN) District Regulations (a) Purpose: Planned residential neighborhood (PRN) districts are intended to encourage the development of a mixture of housing types and PDORD.23 7B-15 24 price ranges and to promote the organization of residential development into efficient neighborhood units with appropriate supportive community facilities and services. (b) Permitted uses: The following uses are permitted in a planned residential neighborhood district when listed in the ordinance approving the concept plan and establishing the district: (1) Residential uses (aa) (bb) (cc) (dd) (ee) (fl) (gg) (hh) (ii) All principal and accessory residential uses Schools Parks and recreational facilities Places of worship Cemeteries Public safety facilities Family care homes Public utility facilities Public utility substations or transmission facilities (2) Non-Residential uses (aa) Governmental offices (bb) Neighborhood retail convenience centers (i) Neighborhood retail convenience centers shall be compatible with surrounding residential uses and meet the Town Plan design criteria for neighborhood retail convenience centers. (ii) Centers shall not exceed 25,000 square feet of gross leasable floor area and may be comprised of a convenience store or collection of stores including mixed retail, service, financial and local office uses. (iii) Automobile service station shall only be permitted in conjunction with other non-automobile related commercial uses. (iv) Commercial and office uses shall be limited to the lower two floors when located in the same building as residential uses. (c) Special uses: The following uses are permitted in a planned resi- dential neighborhood district upon application and the issuance by the Town Council of a special use permit after a hearing called pursuant to Section 15.1-431 of the Code of Virginia, as amended: PDORD.24 7B-15 25 (1) Similar uses to those included in the ordinance approving the preliminary development plan and establishing the district. (2) Any use in paragraph (b) above when not included in the ordinance approving the preliminary development plan and establishing the district. The Town Council may issue a special use permit when the proposed use will be compatible with existing and planned development in the surrounding neighborhood. In addition, in granting a special use permit, the Town Council may impose conditions, safeguards and restrictions on the proposed use to assure the use is homogeneous with the neighborhood and to secure compliance with this ordinance and the ordinance establishing the district. Where this cannot be accomplished, the Town Council shall deny the application as not being in accordance with the Town Plan or as being incompatible with permitted uses in the neighborhood. (d) Residential density: The maximum number of dwellings within a planned residential neighborhood shall not exceed the maximum described in the ordinance approving the preliminary development plan and establishing the planned development district. (e) No zoning permit shall be issued for any commercial or employment uses in a planned residential neighborhood district prior to the issuance of zoning permits for at least one-half of the planned dwellings in the district. (f) Lot area, yard, building height regulations shall be as set out in the ordinance establishing the planned development district. (g) Open space: At least 25 percent of the land area of a planned residential neighborhood shall be established for public and common open PDORD.25 7B-15/7B-16 26 space accessible and in reasonable proximity to all residents or occupants of the planned development. Open space shall be provided and maintained as required by Section 7B-21 of this article. Public recreational sites shall be dedicated at a rate of one acre for each 125 dwelling units. Recreational areas and facilities such as playgrounds, tennis courts, basketball courts, swimming pools and community buildings shall be provided to meet the anticipated needs of residents and occupants of the planned development. Ail open space including public recreational facilities, shall be included in the development schedule and be constructed and fully improved by the developer at a rate equivalent to or greater than the rate of construction of dwellings. (See Sec. Section 7B-16. 7B-24. ) Planned Residential Community (PRC) District Regulations. Planned Residential Community (PRC) districts are intended (aa) (bb) (ce) (dd) (fl) (gg) (hh) (ii) (jj) All principal and accessory residential uses Schools Parks and recreational facilities Places of worship Cemeteries Public safety facilities Libraries Museums Family care homes Convalescent and nursing homes PDORD.26 (a) Purpose: to promote the development of self-sufficient communities which are organized around a mixed-use center of commercial, employment, community facility and high density residential uses. The intent of the PRC district is to encourage effi- cient land use patterns which conserve energy and natural resources and provide a variety of living and working environments integrated with adequate open space and recreational facilities. (b) Permitted uses: The following uses are permitted in a planned residential community district when permitted in the ordinance approving the preliminary development plan and establishing the district: (1) Residential Uses 7B-16 27 (2) Non-residential Uses (aa) Governmental offices (bb) Neighborhood retail convenience centers (i) Neighborhood retail convenience centers s'hall be compatible with surrounding residential uses and meet the Town Plan design criteria for neighborhood retail convenience centers. (ii) Centers shall not exceed 25,000 square feet of gross leasable floor area and may be comprised of a convenience store or collection of stores including mixed retail, service, financial and local office uses. (iii) Automobile service stations shall only be permitted in conjunction with other non-automobile related commercial uses. (iv) Commercial and office uses shall be limited to the lower two floors when located in the same building as residential uses. (cc) Mixed Use Centers (i) Mixed use centers are a cluster of residential, commercial, employment and community facility uses designed to serve as the focus of major residential communities. Uses shall be supportive of and compatible with surrounding residential development and generally in the amount indicated in the Town Plan. They shall also support the policies and follow the development standards of the plan. (ii) Uses shall include neighborhood retail and community retail commercial uses and may also include tourist and specialty retail commercial, office and other appropriate employment uses. The integration of residential uses and community facilities such as community centers, libraries and post offices within mixed use centers is encouraged. (iii) Non-residential uses shall be confined to the first two floors when located in the same building as residential uses. Residential uses shall be provided with separate entrances. (iv) The negative effects of employment facilities, such as noise, dust and fumes, shall be completely contained within individual buildings. PDORD. 27 7B-16 28 (v) The transportation system shall not create conflicts between local and regional uses or generate through traffic in residential areas. (c) Special uses: The following uses are permitted in a planned residential community district upon application and the issuance by the Town Council of a special use permit after a hearing called pursuant to Section 15.1-431 of the Code of Virginia, as amended: (1) Similar uses to those included in the ordinance approving the preliminary development plan and establishing the district. (2) Any use in paragraph (b) above when not included in the ordinance approving the preliminary development plan and establishing the district. The Town Council may issue a special use permit when the proposed use will be compatible with existing and planned development in the surrounding neighborhood. In addition, in granting a special use permit, the Town Council may impose conditions, safeguards and restrictions on the proposed use to assure the use being homogeneous with the neighborhood and to secure compliance with this ordinance and the ordinance establishing the district. Where this cannot be accomplished, the Town Council shall deny the application as not being in accordance with the Town Plan or as being incompatible with ~permitted uses in the neighborhood. (d) Residential density: The maximum number of residential dwellings within a planned residential community shall not exceed the maximum described in the ordinance approving the preliminary development plan and establishing the planned development district. (e) Lot area, yard, building height regulations shall be as set out in the ordinance establishing the planned development district. PDORD.28 7B-16/7B-17 (f) Open space: 29 At least 25 percent of the land area of a planned residential community shall be established for public and common open space accessible and in reasonable proximity to all residents or occupants of the planned development. Open space shall be provided and maintained as required by Section 7B-21 of this ordinance. Public recreation sites shall be provided at a rate of one acre for each 125 dwelling units. Recreation areas and facilities, such as playgrounds, tennis courts, basketball[ courts, swimming pools and community buildings should be provided to meet the anticipated needs of residents of the planned development. All common open space, including public recreational facilities, shall be included in the development schedule and be constructed and fully improved by the deve- loper at a rate equivalent to or greater than the construction of residen- tial units. Section 7B-17. Planned Employment Center (PEC) District Regulations. (a) Purpose: The Planned Employment Center (PEC) district is intended to encourage innovative and creative design of office and industrial development. The PEC district regulations are designed to promote attractive employment areas which complement surrounding land uses through high quality layout, design and construction techniques. (b) Permitted uses: The following principal uses are permitted in a planned employment center district when permitted in the ordinance approving the preliminary development plan and establishing the district: (1) Business, professional and governmental offices (2) Light intensity industrial uses which are generally not objectionable because of noise, heavy truck traffic, odor or fumes, or which generate nuisances which may be mitigated by performance standards set out in the ordinance. PDORD.29 7B-17 (3) Public safety facilities (4) Parks and recreational facilities (5) Schools (6) Hotels, motels and convention center 3O (c) Secondary uses: The following secondary uses are permitted in a planned employment center district when permitted in the ordinance approving the preliminary development plan and establishing the district and when subordinate to principal office or industrial uses: (1) Business service and supply establishments (2) Restaurants (3) Personal service establishments (4) Repair service establishments (5) Pharmacies (6) Health clubs and spas (7) Convenience retail stores (8) Drive-through banks (9) Automobile service stations (10) Living quarters for employees or owners of establishments within the district, if located and designed in a manner appropriate to the character and function of the district. (d) Special uses: The following uses are permitted in a planned employment center district upon application and the issuance by the Town Council of a special use permit after a hearing called pursuant to Section 15.1-431 of the Code of Virginia, as amended: (1) Similar uses to those included in the ordinance approving the preliminary development plan and establishing the district,, PDORD.30 7B-17 (2) Any use in paragraph (b) above when not included in the 31 ordinance approving the preliminary development plan and establishing the district. The Town Council may issue special use permits when the proposed use will not be incompatible with existing and planned development in t!he surrounding area. In addition, in granting a special use permit, the Town Council may impose such conditions, safeguards and restrictions on the proposed use to assure the use is homogeneous with the area and to ~secure compliance with this ordinance and the ordinance establishing the district. Where this cannot be accomplished, the Town Council shall deny the application as not being in accordance with the Town Plan or as bei~ag incompatible with permitted uses in the area. (e) Use limitations: The following limitations apply to uses of land in a planned employment center in addition to any limitations provided in the ordinance establishing the district. (1) All operations shall be conducted within a fully enclosed building unless the Town Council finds that outdoor operations are compatible with the planned employment center. (2) No freestanding sign associated with any secondary use shall be permitted. (3) Secondary uses shall be oriented primarily to the employees and clientele of the principal use with which they are associated. (4) With the exception of those uses set forth in paragraph (7) below, all secondary uses shall be located in the same building as the principal uses primarily served and shall occupy in combination not more than twenty percent of the gross floor area of the building. PDORD.31 7B-17 32 (5) The aggregate area of all secondary uses shall not exceed fifteen percent of the total permitted gross floor area for the total land area of the district. (6) No secondary use shall be located above the second floor of the building in which located, with the exception of the residence of an owner or employee which may be located on any floor, and · restaurants which may be located above the second floor. (7) Restaurants, drive-through banks, fast-food restaurants, .service stations, hotel/convention centers, and convenience ret:ail stores may be located in free-standing buildings; provided, however, that such uses shall be architecturally compatible with the adjacent buildings and shall not have frontage or direct access to a major or minor arterial street as defined in the adopted town plan. Such uses shall be an integral design element of an employment building complex of not less than 30,000 square feet of gross floor area and shall be allowed only in those locations shown on an approved final development plan. (8) Automobile service stations shall not include any ancillary uses such as vehicle or tool rental and shall not include the outdoor storage of any inoperable, wrecked or abandoned vehicles on the site for more than 72 hours. (f) Lot area, yard and building height regulations shall be as described in the ordinance establishing the planned development district. (g) The base floor area ratio allowed on a lot in a planned employment center shall be 0.25. The floor area ratio may be increased by ~' PDORD.32 7B-17/7B-19 33 the Town Council to a maximum of 0.50 in accordance with density limits set out in Section 7B-20. (h) Open space: At least 20 percent of the gross area of a planned employment center and 20 percent of the area of each lot therein shall be open space. Any common open space provided shall be maintained as required by Section 7B-21. All open space shall be included in the development schedule and be fully improved by the developer at a rate equivalent to or greater than the construction of all structures. Section 7B-18. Residential and Non-residential Density~ in General. Permitted gross residential density and the density of non-residential development within a planned development shall be determined by applying the respective limits for each to the land area involved on a proralta basis. (For example, if on a 100 acre tract, 217,800 square feet of non-residential floor area is proposed and the floor area ratio is 0.25, 20 acres of the tract are attributable to non-residential uses and 80 acres could be developed at the applicable residential density limit.) Section 7B-19. Planned Development Residential Density Limits,. (a) The maximum number of dwellings permitted in a planned develop- ment shall be equal to the product of the applicable density limit expressed in dwellings per acre and the net acreage of the planned develop- ment. The net acreage of a planned development shall be the remainder of the gross acreage less (a) acreage devoted to commercial and employment uses, (b) acreage shown as floodways on the U. S. Dept. of Housing and Urban Development 1978 Flood Boundary and Floodway Map and (c) any acreage shown as floodway fringe on the U. S. Dept. of Housing and Urban Development 1978 Flood Boundary and Floodway Map which exceeds 12.5 percent of the gross acreage of the planned development. Residential density PDORD.33 ~ .TB-19 34 limits shall be as expressed in the town plan or in Section 7B-4. (For example, "2-4".) The lesser of the residential density range numbers represents base density allowed within a planned development. The greater number represents the maximum residential density allowed within a planned development through the provision of additional benefit. Residential den- sity values above base density up to and including maximum density may apply to a planned development upon a finding of additional benefit as pro- vided, under (c) and (d) below. (b) No planned development shall be approved which permits more dwellings per net acre than the applicable number indicated for the planned development district in the town plan. (c) The number of dwellings allowed within a planned development shall not exceed the base density number designated for the planned deve- lopment unless the Town Council in its sole discretion finds the proposed development plan offers additional benefits to the public health, safety and welfare by providing one or more of the following amenities above the minimum requirements of this ordinance and the Leesburg Subdivision and Land Development Regulations in such quality and quantity as to justify additional residential density: PDORD.34 7B-19 (1) Public facilities. (2) Open space for parks and recreation facilities (3) Innovative design (4) Housing affordability (5) Environmental protection (6) Historic preservation (d) Upon a finding of additional benefit, the permitted number of residential dwellings in a planned development may be increased as determined by the Town Council in each instance above the base density up 35 to the maximum residential density in accordance with the formulas set out below: ADDITIONAL BENEFIT PROVIDED 1. Public Facilities (a) for dedication school sites required by the town plan (b) for provision or dedication of other public facilities required by the town plan (c) for provision or dedication of off- site roadway improvements or payments in lieu of off-site roadway improve- ments 2. Open Space (a) for additional common or public open space beyond the minimum requirements of this ordinance (b) for public neighborhood community recreational facilities INCREASE IN RESIDENTIAL ]~NSITY up to 50 percent of base density up to 15 percent of base density up to 25 percent of base density 10 percent of base density for each 5 percent additional open space provided up to 50% up to 25 percent PDORD.35 7B-19/7B-20 36 3. Innovative Design For innovative or creative site and building treatment contributing substantially to the character of the town. Examples include: siting for solar access; development reflecting character of surrounding area; superior provision of open space recreation facilities and landscaping; and superior use of building materials and design. up to 25 percent of base density 4. Affordable Housin~ For inclusion of dwelling units meeting Virginia Housing Department Authority eligibility criteria one percent of base density for one percent of dwelling units eligible up to 25 percent 5. Environmental Protection (a) For siting development below hill crests or providing scenic overlooks. up to 5 percent of base density (b) For preserving slopes greater than 25 percent up to 5 percent of base density (c) For superior use of existing hydrological systems or use of innovative engineering solutions for stormwater management. up to 5 percent of base density 6. Historic Preservation (a) For appropriate use of a town plan designated historic structure or site. up to 5 percent of base density (b) For compatible development adjacent to a town plan designated historic structure or site. up to 5 percent of base density Section 7B-20. Planned Development Non-residential Density Limits. (a) The floor area ratio (FAR) of non-residential uses permitted within a planned development shall not exceed 0.25 ("base floor area ratio" herein) unless the Town Council in its sole descretion finds the proposed concept plan offers additional benefits to the public health, safety and PDORD.36 7S/20 37 welfare by providing one or more of the following amenities in such quality and quantity to justify additional building area: (1) Common or public open space for parks and recreational facilities. (2) Unique design features. (3) Public facilities. (4) Environmental protection. (5) Historic preservation. (6) Enclosed or screened parking. (b) Upon a finding of additional benefit, the permitted floor area ratio in a planned development may be increased as determined by the Town Council in each instance up to a maximum FAR of 0.50 in accordance with the formulas set out below: ADDITIONAL BENEFIT PROVIDED INCREASE IN FAR Open Space: For additional land- scaped open space beyond the minimum required by this ordinance. up to two percent of base FAR for each additional one percent increase in open space up to 10 percent. Innovative Design: For innovative or creative site and building treatment contributing substantially to the character of the town. Examples of innovative design include: siting for solar access; development reflecting character of surrounding area; superior provision of open space and landscaping; and superior use of building materials and design. up to .05 FAR Enclosed Parking: For enclosed or screened off-street parking. up to 5 percent of base f'AR for each 25 percent of the required number of parking spaces. 4. Historic Preservation (a) For appropriate use of a town plan designated historic structure or site. up to .05 FAR PDORD.37 7B-20/7B-21 38 (b) For compatible development adjacent to a town plan designated historic structure or site 5. Public Facilities (a) For dedication of public safety facility site required by the town plan (b) For dedication of public facilities required by the town plan (c) For provision or dedication of off-site roadway improvements or payments in lieu of off-site roadway improvements 6. Environmental Protection (a) For siting development below hill crests or providing scenic overlooks (b) For preserving slopes greater than 25 percent. (c) For superior use of existing hydrological systems or use of innovative engineering solutions for stormwater management. up to 0.05 FAR up to 0.05 FAR up to 0.05 FAR up to 0.10 FAR up to 0.035 FAR up to 0.035 FAR up to 0.035 FAR Section 7B-21. Management of Common Open Space and Improvements. The regulations below shall apply to all common open space and improve- ments, including all private streets, driveways, parking lots, uses, faci- lities and buildings provided in a planned residential development. All such common lands and improvements shall be established and maintained in accordance with the following requirements: (a) The developer shall organize incorporated property owner asso- ciations to ensure the maintenance of common open space and improvements. PDORD.38 7B-21 39 (b) Organizations established for this purpose shall meet the following requirements: Organizations shall be established prior to the sale of any (1) lots. (2) All persons having ownership of property within the develop- ment shall have membership rights in those organizations. (3) Organizations shall own and manage all common open space and improvements. (4) All lands and improvements shall be described as to loca- tions, size, use and control in the declaration of covenents, conditions and restrictions. This declaration shall set forth the method of assessment for maintenance of common land and improw~ments. Covenants, conditions and restrictions shall run with the land and be in full force and effect for at least twenty years and shall be auto- matically extended for successive ten year periods unless terminated in accordance with this section. (5) Organizations shall not be dissolved nor shall they dispose of any common open space except to an organization established to own and maintain common open space, to the town or to other appropriate governmental agency. (c) No common open space shall be denuded, defaced nor otherwise disturbed without the approval of the Town Council. (d) Ail private streets created in any planned development shall pro- vide guaranteed vehicular and pedestrian access for abutting lot owners and guaranteed access for public vehicles and public service employees. ?DORD.39 7B-21/7B-22 40 (e) The developer shall submit with the application for final deve- lopment plan approval a fiscal plan for a minimum of ten years, including adequate reserve funds, for the maintenance and care of all lands, streets, facilities and uses under the purview of the property owners organizations. Section 7B-22. Requirements for Landscapin~ in All Planned Developments. The following requirements for landscaping apply in all planned developments: (a) Existing tree cover shall be retained to the greatest extent possible and taken fully into account in the design of all features of planned developments. (b) New landscaping, including structures and plant materials, shall be provided as appropriate: (1) To prevent soil erosion from wind and water (2) To reduce glare and noise from traffic (3) To separate and screen incompatible uses (4) To shade streets, walkways and parking areas (5) To provide for the natural recharge of groundwater (c) Applications for final development plan approval shall include a landscape plan drawn to scale for all land to be used for other than single family detached dwelling lots showing: (1) The proposed extent and location of all plant materials indicated at mature sizes and other landscape features. (2) The species and size of existing plant materials proposed to be used as part of landscaping plan. (3) The proposed treatment of all ground surfaces with paving, turf, gravel or other ground cover. PDORD.~O 7B-22 41 (4) The proposed schedule of plant material with common and botanical names, sizes at planting and quantities. (5) The proposed plan for outdoor lighting. (6) The protection of existing trees and preservation of soil aeration~ drainage and moisture. (d) No final plat or site plan within a planned development shall be approved until the subdivider or developer has furnished to the town a cash deposit, corporate surety bond (in a form approved by town attorney), or other guarantees satisfactory to the Town Council. The amount must be sufficient to cover the estimated costs, as determined by the town manager, of in~tallation and construction of all landscaping shown on the approved development plan. The cash deposit, bond or other guarantee shall be conditional upon and guarantee the installation and construction of all landscaping shown on the plans and shall be released upon installation and construction of landscaping in accor- dance with the plans. The subdivider or developer shall further guarantee the maintenance and replacement, as necessary, of landscaping for two years after installation and shall furnish a cash deposit, corporate surety bond, or other guarantees satisfactory to the Town Council in an amount equal to ten percent of the costs of installation and construction of landscaping shown on the approved development plan. The cash deposit, bond or other guarantees shall be released upon certification by the zoning administrator that the required landscaping has been completed and maintained in accordance with the require- ments of the bond. (e) The maintenance and replacement of landscaping shall be the responsibility of lot owners. Plant material shall be tended and main- talned in a healthy growing condition, replaced when diseased or dead and kept free of debris. Landscaping structures shall be kept in good repair. PDORD.41 7B-23/7B-24 42 Section 7B-23. Time for Completion of Planned Developments. (a) The To~n Council shall consider initiating amendment of the zoning district map to revoke approval of a preliminary development plan and to place any part of a planned development district in a district which is consistant with the town plan if the owner has failed to submit applica- tions for final development plan approval in accordance with the schedule set out in the ordinance approving the planned development district. (b) Approval of an application for a final development plan shall be valid for two years from the date of approval or two years from the date of approval of a final plat or site plan for all or part of an approved development plan, whichever is later. (lc) The schedule for submission of final development plans for a planned development may be extended by resolution of the Town Council upon application by the developer if extensions are permitted in the ordinance approving a preliminary development plan and establishing a planned deve- lopment district. Before approving an application, the Town Council shall determine that the amendment is warranted by the developer's good faith effort to comply with the schedule, that conditions beyond the developer's control prevent adherence to this schedule and that the planned development still complies with the Town Plan. Section 7B-24. Improvement of Common and Public Open Space. (a) Common and public open space shall be improved by construc~ion of facilities described in the final development plan in accordance with the schedule approved as part of the plan at a rate equivalent to or greater than the rate of construction of dwellings. No zoning permit shall be issued expect as provided in (b) below for any dwelling in a planned deve- lopment in which common and public open space improvements have not been PDORD.42 7B-24/7B-25 43 made as required by the approved plans and schedule. (b) In the event the subdivider or developer has furnished to the town a cash deposit, corporate surety bond (in a form approved by town attorney), or other guarantees satisfactory to the Town Council in an amount sufficient to cover the estimated costs, as determined by the town manager, of all uncompleted improvements required on common and public open space, zoning permits may be issued for dwellings in a planned development in which common and public open space improvements have not been completed as required by the approved plans and schedule. The cash deposit, bond or other guarantee shall be conditional upon and guarantee the installation and construction of all common and public open space improvements shown on the plans within two years or other period as determined by the Town Council. The guarantee shall be released upon certification by the zoning administrator that the improvements have been completed in accordance with the approved plans and with the requirements of the guarantee. Section 7B-25. Variances. In order to allow flexibility in planned development design, the Town Council may vary specifications in the Leesburg Subdivision and Land Development Regulations for required public improvements upon finding that such specifications are not required in the interest of the residents of the development or the entire town, provided that the applicant can demonstrate to the satisfaction of the Town Council that: (a) The resulting improvements are designed and constructed in accordance with accepted engineering standards. (b) The variance is reasonable because of the uniqueness of the planned development and the excellence of unified design and construction to be employed in the development. PDORD.43 7B-25/7B-26 44 (c) Any variance of street requirements is reasonable in relation to projected traffic generation in the area at the time of project completion. (d) Any sidewalk variances are justified because other provisions are made for pedestrian traffic. Section 7B-26. Severabilit~. If any provision of this article is held by the courts to be invalid, the decision shall not affect the validity of the article as a whole or of the remaining provisions of the article. SECTION II. SECTION III. PASSED this ATTE ST: ~ Clerk of Co~c~l ' Ail prior ordinances in conflict herewith are repealed. This ordinance shall be in effect upon its passage. 23rd day of Mayz~ , 1984. Robert E. Scylla, Mayor -- Town of Leesburg PDORD.44