HomeMy Public PortalAbout1988_05_11_O014 Amending the ZO regarding terminology, review period and lot sizes for PDsLcgsl~urg in ~rirgini~
ORDINANCE NO.
AN ORDINANCE:
PRESENTED May 11, 1988
88-0-14 ADOPTED May 11, 1988
AMENDING THE LEESBURG ZONING ORDINANCE REGARDING TERMINOLOGY,
REVIEW PERIODS AND LOT SIZES FOR PLANNED DEVELOPMENTS
WHEREAS, the Planning Commission at the February 6, 1988, Planning
Workshop of the Council, Commission and staff, recommended to Council certain
amendments to the planned development provisions of the Zoning Ordinance to
clarify the terminology, provide for the maximum review periods permitted by
State Law and increase the residential lot sizes for planned developments; and
WHEREAS, this Council on February 24, 1988, initiated such amendments
to the Zoning Ordinance regarding terminology, review periods and lot sizes
pertaining to planned developments; and
WHEREAS, the Planning Commission and Council held a joint public
hearing on these amendments on March 23, 1988; and
WHEREAS, these amendments are in the best interest of the public
health, safety, convenience and welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Article 7B of the Leesburg Zoning Ordinance entitled
"Planned Development Regulations" is hereby amended as set forth in the text,
"Amendments to the Leesburg Planned Development Regulations," dated May 6,
1988.
SECTION II. Ail prior ordinances in conflict herewith are hereby
repealed.
SECTION III. Severability. If any provision of this Ordinance is
declared invalid by a court of competent jurisdiction, the decision shall not
AMENDING THE PLANNED DEVELOPMENT REGULATIONS
affect the validity of the Article as a whole or of any remaining provisions
of the Article.
SECTION IV. This ordinance shall be in effect upon its passage.
PASSED this llth day of May , 1988.
ATTEST:
Cl~r~~'~iunC~i~/~''. .~ ·
Charles Williams, Vice-Mayor
Town of Leesburg
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
Amendments to the Leesburg Planned
Development Regulations -
PLANNED DEVELOPMENT REGULATIONS
GENERAL APPLICATION ..................... 3
PURPOSE ........................... 3
ZONING MAP ......................... 4
GENERAL PROCEDURES ..................... 4
(a) Administration ..................... 4
(b) Fees .......................... 5
(c) Sketch Plan ...................... 5
(d) Concept Plan/Town Plan Amendment ............ 5
(e) ~ii~ia~ D~.~iv~n~ Rezonin~ Plan & Rezoning Peition 6
(f) ~-n-a-~ Preliminary Plat or Development Plan ....... 6
(g) Final Plat or C~ Plan ................. 7
(h) Time Limit ....................... 7
(i) Frequency of Application ................ 7
APPLICATION FOR SKETCH PLAN REVIEW ............. 7
PETITION FOR CONCEPT PLAN APPROVAL & AMENDMENT TO THE TOWN PLAN 8
PETITION FOR APPROVAL OF
~ ...... ~ ..... ~u ....... REZONING PLAN
AND ZONING MAP AMENDMENT ..................
CRITERIA FOR APPROVAL OF PLANNED DEVELOPMENT DISTRICTS . . .
ORDINANCE APPROVING ~R~I~,N~ .... ~u ...... REZONING PLAN AND
PLANNED DEVELOPMENT DISTRICT ................
APPLICATION FOR ~iNAL PRELIMINARY PLAT OR DEVELOPMENT PLAN
APPROVAL ......................
9
11
12
14
CRITERIA FOR ~ PRELIMINARY PLAT OR DEVELOPMENT PLAN APPROVAL 15
CRITERIA FOR FINAL SUBDIVISION PLAT OR PLAN APPROVAL .... 15
MINIMUM SIZES OF PLANNED DEVELOPMENT DISTRICTS ....... 16
PLANNED RESIDENTIAL NEIGHBORHOOD (PRN) DISTRICT REGULATIONS . 17
PLANNED RESIDENTIAL COMMUNITY (PRC) DISTRICT REGULATIONS . . 18
PLANNED EMPLOYMENT CENTER (PEC) DISTRICT REGULATIONS .... 21
pdcont.1
5/6/88
Amendments to the Leesburg Planned
Development Regulations - 516]88
ARTICLE 7B. PLANNED DEVELOPMENT
Section 7B-1. ~fimitions:
As used in this ~rticle, the following terms or words shall have the
meanings given below un~ess 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.
(b)
"Community retail commercial" shall' mean retail commercial and service
service uses oriented to serve several neigh-
borhoods which typically include neighborhood
retail commercial uses and including, but not
limited to, in addition, a varietydepartment store,
florist, milliner, furniture store, radio and tele-
vision repair shop, shoe store, gift shop, liquor
store, men's and women's clothing stores, book
store, toy store and movie
(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)
"Preliminary Plat or
Development Plan" shall mean the application describing all
the proposed lots or ~ buildings, structures,
signs, landscaping, land uses and improvements to
be located within all or part of a planned develop-
ment district and including the plans, maps, wri-
tings and other documents as required by Section
7B-il of this ordinance.
(e)
"Final plat or ~iL= plan" shall mean the application, plans, maps,
writings or other documents required for final sub-
division plats and development, plans 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.
ZOPD. 1
(h)
"Neighborhood retail commercial" shall mean neighborhood-oriented
retail uses which typically include a grocery
store, drug store, personal service establishments,
-c ~- ~mall 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;i
including 50 percent of public school sites pro-
vided 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.
(i) "Problem soils" shall mean soils classified as Class IV soils by the
office of the Loudoun County Soil Scientist.
(~) "Public open space" shall mean open space dedicated or conveyed for
public use.
(1)
"Rezonin~
"~r=ii~in~ d~el~=a~ plan" shall mean the plans, maps, writings,
and 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.
(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
(o) (Reserved)
ZOPD. 2
Amendments to Leesburg Planned
Development Regulations - 5/6/88
Section 7B-4. Zonin~ District Map.
(a) The %oning district map maintained by the zoning administrator is
made a part. of this Article by reference as if set out fully herein.
Any part of the town may be classified into one of the planned
development districts and the designations shown on the zoning
district map shall be as shown below:
PRN shall mean a planned residential neighborhood district.
PRC shall mean a planned residential community district.
PEC shall mean a planned employment center district.
(c)
~d)
Appropriate symbols on the map shall show the existence of a
planned development district applicable to any tract of land.
Residential density limits shall be as expressed in the town plan
for territory annexed at midnight December 31, 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)
(b)
Administration: All petitions, applications and supporting documents
for planned developments shall be filed with the zoning administrator,
who shall maintain and make available for public inspection permanent
records of all applications and related actions.
Fees: Fees to be paid to the town for consideration of planned
development petitions and applications shall be as follows:
(i) Sketch plan review and comment, the fee shall be $550.00.
(2) A petition for concept plan approval and amendment of t'he
town plan. The fee shall be $1,450.00.
rezoning
(3) An application for ~elimia~y d~¥~lv~m~ 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 PEC districts, respectively.
preliminary plat or
(4) An application for fi~a~ 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.
ZOPD. 4
Amendments to Leesburg Planned
Develolmeu~ RegulatEons - 5/6/88
(c)
ZOPD. 5
Sketch Plan: Applicants for planned developm6nt districts shall
first submit three copies of the sketch plan for the planned develop-
ment for review and comment. (See Section 7B-6.) The town manager
shall review the sketch plan and within 30 days provide the applicant
with co~mmeDts and recommendations indicating general areas of non-
conformity with the town plan and this ordinance.
(d) Concept ?lan/Town Plan Amendment.
(1)
A petitior~ for concept plan approval and amendment of :he town
plan may ~ be filed after the applicant's receipt of the town
manager's comments.--v~ of~- ~ -~v~^ d&y~ if r.-v eomm~n~~-=~ ~ ..... d
....... 7~. ) ~
(2)
The zoning administrator shall then refer the petition to the
Planning Commission~ which shall ~%d set the date for and
advertise a public hearing by the Planning Commission on the pro-
posed concept plan and amendment of the town plan, to be held at
a scheduled meeting of the Planning Commission in accordance with
a~ &uun ~s ~=~,i~=d by Sec. 15.1-431 of the Code of Virginia, as
amended.
3 (~)
The town manager shall review the petition and provide the
Planning Commission with referrals, comments and recommendations
before its public hearing.
~ (a)
The Planning Commission shall review the petition and make a
recommendation to the Town Council to approve, approve with
modifications or disapprove the petition within 60 days of the
public hearing.
5(a)
After the Planning Commission has made its recommendation,
the zoning administrator shall forward the petition and any
recommendation 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
~ in accordance with Section 15.1-431 of the Code of
Virginia, as amended, to be h='d ........
6 (-7-)
7
The town manager shall review the petition and recommendation of
of the Planning Commission and shall provide the Town Council
with comments and recommendations before its public hearing.
Followin~ the public hearing, t~he Town Council shall move as
expeditiously a_~s possible to approve, approve with modifications
or disapprove the petition for approval and amendment of the town
plan.within .........
Amendments to Leesburg Planned
Development Regulatipno - 5/6/88
(e)
ZOPD.6
Rezoning Plan
Preliminary Development Plan and Rezonin~ Petition.
(l)
petition for rezonin~ vreliminory da.alopment plan approval and
establishment 6f a planned development district shall be filed
any time after the filing of a petition for concept plan
approva;1 and amendment of the town plan. (See section 7B-8.)
(2)
The zoning administrator shall refer the petition to the
Planning Commission~ which shall set ~ the date for and
advertise a public hearing ~ ~h~ Planning C ...... ~ . on the
proposed rezonin~ ~~y~-e~~lan and establishment
of a planned development district to be held at a scheduled
meeting of the Planning Commission~-: =--n~ o-: --r~i~c~~ ~y
in accordance with Sec. 15.1-431 of the Code of Virginia, as
amended.
(3)
3(~)
The town manager shall review the petition and provide the
Planning Commission with referrals, comments and recommendations
before its public hearing.
4(5)
The Planning Commission shall review the petition and make a
recommendation to the Town Council to approve, approve with
modifications or disapprove the petition within 9._q0 ~ days of the
public hearing. After the Planning Commission has made its
recommendation, or 90 ~ days after the public hearing,~ if no
recommendation has been made, the zoning administrator shall
forward the petition and any recommendation to the Town Council·
The Council Ti,c ~v.a ~i:~k shall set the date for and advertise
the public hearing on the rezonin$ ~reli.inoz~ d=,=iu~m~n~ plan
and establishment of a planned development district as required
by Section 15.1-431 of the Code of Virginia, as amended,---t~-~
.......... ~i I - ~i -
5 (a)
The town manager shall review the petition and recommendation of
the Planning Commission and shall provide the Town Council with
comments and recommendations before its public hearing.
6 (-~)
Followin~ the public hearing, the Town Council shall movie
expeditiously a_~s possible to approve, approve with modifications
or disapprove the petition will,ia 60 d~ ~f ~l,~ "~
(f) Preliminary Plat or Uia~l Development Plan·
Applications for preliminary plat or ~ia~i development plan approval
for all or part of a planned development may be filed after approval of
the rezonin~ ~cli~i~y ~.=iu~mcn~ plan and establishment of the
planned development district. (See Sec. 7B-11.) The Planning Com-
mission shall review the application i__~n accordance with the requirements
A~nd~ents to Leesburg Planned
Develol~en~ Regulations - 5/6/88
of the Leesbur~ Subdivision and Land Developmedt Regulations and
within ~ 60 days of referral of the application shall
~ ':-- 'h= Tu. - ...... approve
........=._~. ~ ~ - - C ...... 1 ~ , approve with modifications
or disapprove the application. TL= ~.. ~=~ ~,,~
- C .... I ~h~ll
An aFprovcd final development plan ...... -c .......
(g) Final Plat.or ~ 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 .~,,~,, ..... 15 d~y& vf ~,. ~p ......... shall act
to approve, conditionally approve or disapprove a final plat or site
plan in accordance with Z~=~ ~ m~difi=~ h=z=in, the requiremengs
for approval of a final plat or site plan, including required fees,
sh~ll B= ~s 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.
(i) 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 admi-
nistrator and accompanied by the fee provided in Sec. 7B-5. The applica-
tion 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 thoroughfares;
minor arterials or major thoroughfares; and through collector roads;
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);
ZOPD. 7
Amendments to Leesburg Planned
Development Regulations - 5/6/88
Section 7B-8.
Petition for approval of Rezonin$
Plan and Zonin$ Map Amendment.
(a)
Notwiths~a~<ting th~ provisions of other articles of this ordinance,
the Town Council, upon petition of any property owner, may approve a
rezonin~_pr~iimin=ry d=v=lop~nt plan and change the district bounaries
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 provided in this Article.
(b)
A petition for approval of a rezonin~ a ~r=iimin&ry d~valopmen= plan
and classification of property in a planned development district shall
be filed in 25 copies on standard forms provided by the zoning admi-
nistrator, 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
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.
(11) A 1:2400 (one inch=200 feet) scale planimetric and topographic
map of the property and land area within 200 feet thereof accu-
rately drawn on the Loudoun County photogrammetric base maps
and showing 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
ZOPD. 9
Amendments to Leesburg Planned
Development Regulations - 5/6/88
Section 7B-9. Criteria for Approval of Planned Development Districts.
(a)
No ordinance approving a rezonin~ preliminary development plan and
establis~i~g .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:
(1)
(2)
is in conformity with the town plan;
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.
(z~)
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.
ZOPD. 11
Amendments to Leesburg Planned
Development Regulations - 5/6/88
(5) Neighborhood retail commercial and office, uses where pro-
vided should blend architecturally with surrounding
residential uses or be appropriately separated by distance,
screening or topography.
(6) _Ope~ S~ace, recreation and other public facilities should be
integrated with the organizational scheme of the neighborhood
and town.
(7) Cul-de-sac~ 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
within the neighborhood.
(9)
Non-residential uses should be located on arterial or col-
lector steers without creating through traffic in residential
areas,
(c)
(10) Development plan should be arranged to maximize the opportunity
for privacy and security by residents.
No planned development shall be approved which contains lots with
areas of widths less than provided below for the dwelling types shown:
Dwellin~ Types
Single family, detached
Lot Area Lot Width
8000 square feet 65
6~00 minimum ~d) ft
Single family, detached
9000 sq.ft, average
family,
Singl~ family, attached (townhouses)
1600
Minimum 12GO square feet
Average 2000 square feet
Two-family (duplex)
8,000 square feet
Multi-family
one bedroom 10,000 square feet
two bedrooms " " "
three bedrooms " " "
four bedrooms " " "
16
~ ft
20 ft
75 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-lO.
(a)
ZOPD. 12
Ordinance Approving Rezonin~ Pr=ii.ln~r~ D=.=luF.=n
Plan and the Planned Development District.
An ordinance approving a rezonin~ ~=ii~in~ d=v=lup~=n~ pIan and
the establishment of a planned development district shall describe the
tract of land within the zone by metes and bounds or survey ]plat
Amendments to Lees'burg Planned
Development Regulations - 5/6/88
(19)
Plan for development phasing indicating the time schedule for
submittal of preliminary plats or ~ development plans for the
planned development which may be amended as provided in
Section 7B-23.
(b)
No ordinance approving a rezonin~ pz~iimi~ory C~v41vF~nt 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 rezonin{ pz~limimazy Cavalopma.~C plan and
establishing planned development districts shall supercede all provi-
sions of this ordinance to the contrary.
(d)
The approval of a preliminary development rezonin~ and establishment
of a planned development district entitles the owner of land within
the zone to apply under this article for approval of preliminary
plats or fimal 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 ~r~ii~i~z~
rezoning plan 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 Preliminary Plat or ~ Development Plan Approval.
Applications for ~i-ma~preliminary plat or 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 sub-
division plats and preliminary development plans; and
<b)
Ail writings, maps or other documents necessary to show compliance
of the proposed plat o~r development plan with this article and the
ordinance approving the F~iimi~ary d~iuFm~nt rezonin~ plan and
establishing the planned development district. (See Section 7B-21.)
(c) Information concerning private streets and common drives as follows:
(1) Map of proposed private streets and common drives.
(2) Plan for maintenance of private streets and common driw~s.
(3) Typical cross-sections and construction details of private
streets and common drives.
ZOPD. 14
Amendments to Leesburg Planned
Development Regulations - 5/6/88
Section 7B-12. Criteria for Preliminary Plat or Development Plan Approval.
(a)
A resolution approving a fl,al preliminary plat or development plan for
all or part of a planne~ development district shall describe the tract of
land by me~es~arrd.bounds or survey plat prepared by a certified land sur-
veyor or fegiztered professional engineer for which approval is granted and
incorporate or include by reference writings, maps or other documents
showing the following:
(1) Conditions'for approval of the final preliminary plat or develop-
ment 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 ~li~in~ d~v~i~ .... ~ rezonin~ plan and
establishing the planned development district.
(b) No resolution approving a fia~l preliminarM plat or 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 preliminary ~lat or 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
(4) Permits a change in the use or character of the planned development.
(d)
The approval of a fia~l preliminary plat or 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 ~
development plan for all or part of the planned development.
Section 7B-13. Criteria for Final Subdivision Plat or Plan Approval.
(a) No final plat or ~it~ development plan within a planned development
shall be approved which:
(1) Permits a residential density greater than provided in the
resolution approving the ~ preliminary plat or development plan;
(2)
Permits floor area of non-residential uses greater than pro-
vided in the resolution approving the ~ preliminary plat develop-
ment plan;
(3) Reduces the areas reserved for open space; or
ZOPD. 15
Amendments to Leesburg Planned
Developmea~ Regulations - 5/6/88
(b)
(~)
Permits a change in the use or character of the planned
development.
Approval ~nd~recorda~ion of a final plat or ~ development plan require~:
(1) Certification by a state certified surveyor or registered
professional engineer that the final plat or ~ development 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 con-
struction plans and the final plat or ~ development 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 other public areas are free of any liens and encumbran-
ces and valid and that all legal instruments required by this
ordinance have been validly executed.
(5)
Approval of the Tow~ Council of any final plat or ~ develop-
ment plan which is not drawn in complete compliance with the
~ preliminar~ plat or development plan. The Town Council
shall consider the fi~i preliminar~ plat or development:
plan and the Leesburg Subdivision and Land Development
Regulations when acting to approve, conditionally approve or
disapprove any final plat o_~r plan.
(6)
Certification of the town manager that the final plat or ~i~=
development plan is in compliance with the Zia~l preliminary plat
or 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 13-55(d) of the Leesburg Subdivision and Land
Development Regulations.
Section 7B-14. Minimum Sizes of Planned Development Districts.
(a)
(b)
(c)
ZOPD. 16
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.
Planned residential community (PRC) districts shall not be less
than 200 acres.
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.
Amendments to Leesburg Planned
Developueat Regulations - 5/6/88
(a)
The developer shall organize incorporated property owner asso-
ciations to ensure the maintenance of common o~en space and improve-
merits.
(b)
Organizations established for this purpose shall meet the following
requirem~t~:
(1) Orgamiz~tions shall be established prior to the sale of any 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 locations,
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 improvements.
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)
All private streets created in any planned development shall provide
guaranteed vehicular and pedestrian access for abutting lot owners and
guaranteed access for public vehicles and public service employees.
(e)'
The developer shall submit with the application for fi,,al preliminary
Rlat or development 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 Ail 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:
ZOPD. 28
Amendments to Leesburg Planned
Development Regulations -5/6/88
(c)
(d)
(1) To prevent soil erosion from wind and wa~er
(2) To reduce glare and noise from traffic
(3) To ~eparate affd screen incompatible uses
(4) To ~hade streets, walkways and parking areas
(5) To provide for the natural recharge of groundwater
Applications for ~ preliminary plat o__r 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.
(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.
No final plat or ~ development 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 installation and construction of
all landscaping shown on the approved plat or 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 accordance with the plans. The subdivider or deve-
loper 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 plat or development plan. The cash deposit, bond or other
guarantees shall be released upon certification by the zoning admi-
nistrator that the required landscaping has been completed and main-
tained in accordance with the requirements of the bond.
zopd.29
Amendments to Leesburg Planned
Development Regulations - 5/6/88
(e)
The maintenance and replacement of landscaping shall be the
responsibility of ~ owners. Plant material shall be tende~ and
maintained in a hea.chy growing condition, replaced when diseased or
dead and kept free of debris. Landscaping structures shall be kept in
good repa~-~
Section 7B-23.- T~ime for Completio'n of Planned Developments.
(a)
The Town Council shall consider initiating amendment of the zoning
district map to Yevoke approval of a praliminary developmant rezoning plan
and to place any part of a planned development district in a district
which is consistent with the town plan if the owner has failed to sub-
mit applications for ~ preliminary plat or development plan appro-
val in accordance with the schedule set out in the ordinance approving
the planned development district.
(b)
Approval of an application for a final preliminary plat or 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 ~ development
plan for all or part of an approved development plan, whichever is
later.
(c)
The schedule for submission of ~ preliminary plats or development
plans for a planned development may be extended by resolution of the
Town Council upon application by the developer if extensions are per-
mitted in the ordinance approving a preliminary d~,=i~,=n~ rezonin~
plan and establishing a planned development 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 pre-
vent 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 construction of
facilities described in the f-i'm-a-~ preliminary plat or development plan
in accordance with the schedule approved as part of-~he 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 development in which common and public open
space improvements have not been 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 determine~ 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 sche-
dule. 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
ZOPD. 30
A~end~ents to Leesburg Planned
~evelop~en~ Regulations - 5/6/88