HomeMy Public PortalAbout1984_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 Ail prior ordinances in conflict herewith are repealed.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