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HomeMy Public PortalAbout1989_02_14_O006in ~Zir~inia PRESENTED Februarv 14. ORDINANCE 89 o 0- 6 ADOPTED February 14, AN ORDINANCE: AMENDING ARTICLE 7. SECTIONS 701-702.4.11 OF THE LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED AND ADMINISTERED BY THE TOWN OF LEESBURG IN VIRGINIA, FOR PD-H: PLA~D DEVELOPMENT - HOUSING DISTRICTS 1989 1989 WI-IEREAS, the current PD-H ordinance regulates residential density by a floor area ratio which provides an undesirable incentive for the construction of smaller dwelling units.; and WHEREAS, industrial, office building, service and commercial uses are generally not compatible with the permitted principal residential uses; and WHE~, amendment of the Loudoun County PD-H regulations, as adopted emd administered by the Town of Leesburg, was initiated on September 27, 1988 by the Town Council to create the PDH-16: Planned Development - Housing District which shall replace the PD-H: Pl~mned Development - Houaing Districts; and the proposed amendments were referred to the Leesburg P]anni~ Commls~ion; and WHE~, the Leesburg Planning Cornmi.~sion held a public hearing regarding the said amendments on November 3, 1988; and WHE~, on November 17, 1988, the Leesburg Planning commission recommended the said amendments to the Town Council for adoption; and WHEREAS, the Leesburg Town Council held a public hearing on the said amendments on January 24, 1989; and WHEREAS, amendment of the Loudoun County PD-H regulations, as adopted mhd administered by the Town of Leesburg, is in the best interest of the public necessity, convenience, general welfare, and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in V'~rginia as follows: SECTION I. Amendment or Article 7, Sections 701-702.4.11 of the Loudoun Ck~unty Zoning Ordi~snce as adopted and administered by the Town of Leesburg dated February 2, 11989 is hereby adopted to create the PDH-16: Plonned Development - Housing District, which shall read as follows: 701 701.1 701.2 701.3 701.4 701.5 701.5.1 701.5.2 PDH-16 PLANNED DEVELOPMENT - HOUSING DISTRICT The following regulations and requirements apply to planned developments primarily for housing. Applicable Regulations Notwithstanding the requirements and provisions of Section 700, Plmmed Development Generally, districts hereby created shall be subject to requirements as to approval of site development plans and reports by the Planning Commission as for other planned development - housing. Related bonds, dedications, guarantees, agreements, contracts, and deed restrictions shall be approved by the Town Council before building permits may be issued. Planned Development - Housing, defined A planned development - housing, is defined for the purposes of these regulations as a planned development (as defined generally in Section 700) primarily' for dwellings and related uses and facilities. PDH-16 District, Where Permitted~ Intent PDH-16 districts are created in recognition of the existence of land designated previously as PD-H: Planned Development-Housing Districts. It is not the intent of this ordinance to create additional PDH-16 districts, nor to enlarge the limits of existing PDH-16 districts. Adoption of "Guides and Standards for Planned Developments - Housing' "Guides and Standards for Planned Developments - Housing", are adopted as detailed requirements to guide applicants in preparation of plans and progran~ for planned development - housing, and to guide in review of proposals and admlcdstration to PDH-16 zoning. Permitted Principal and Permissible Uses and Structures Permitted principal uses and structures are as follows: a. Single-family attached dwellinows b. Multi-family dwellings c. Schools d. Parks, playgrounds, community centers and non-commercial recreational facilities Permitted accessory uses and structures are as follows: Uses and structures which are custorrm~ily accessory and elearly incidental and subordinate to permitted principal uses and structures, including home occupations. 2/2!~9 PDH-16 REGULATIONS No accessory building shall be constructed until construction of the principal building has act,,nlly begun, and no accessory building shall be used until the principal building is completed and in use, provided however that temporary buildings and uses shall be permitted for not to exceed one year in connection with construction, with permits renewable as provided in Section 904.5.2. 701.6 Special Exceptions in the Planned Development Housing - 16 District In addition to the principal and accessory uses and structures permit,S, ed by right, as indicated above, facilities planned for development as part of the dist~.,ict and serving needs not otherwise served in the general area may be permitted by the Town Council by special exception procedure provided that such facilities droll only include those uses and structures listed belov~. 701.6.1 Public Uses and Structures. Structures and uses required for the operation of a public utility or performnnce of a government function. 701.6.2 Churches. 701.6.3 Wayside Bus Stations 701.6.4 Procedure The special exception application shall be reviewed by the Planning Commission, who shall forward its recommendation on the special exception to the Town Council. 701.7 Maximum Density: Maximum Density shall not exceed 16 dwelling traits per acre for multi-fnmily structures and 10 dwelling units per acre for single-family attached units. 701.8 Minimum Ope~ Space: 30 percent of the gross area shslJ be open Sl~ace. 701.9 M/oimum Recreational Space: A minimum of 125 square feet of act~,e recreational space shall be provided for each multi-family unit, improved with recreational fadlities such as swimming pools, tennis courts, and playgrounds. All recreational facilities shall be constructed prior to completion of 50 percent of planned dwelling units. 702 GUIDES AND STANDARDS FOR PLANNED DEVELOPMENTS-HOUSING 702.1 702.1.0 Permitted or Permissible Uses Uses permitted (principal and accessory) in the PDH-16 district are in general as provided in Section 701. With respect to such principal and accessory uses as are not residential, PDH-16 requirements and limitations unless specifically stated or modified herein, shall be for the district in which such uses first appe~r in the Schedule of District Regulations or Supplementary Regulations. 2/2/89 PDH-18 REGULATIONS 702.2 702.2.1 702.2.2 702.2.3 702.2.4 702.2.5 Site Planning - External Relationships Site plaoning within the district shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences within the development. In particular: Principal vehiodgr access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Left hand storage and right hand turn lanes and/or traffic dividers shall be required where existing or anticipated heavy flow indicate need. In general, minor streets shall not be connected with streets outside the district in such a way as to encourage the use of such minor streets by substantial amounts of t~ough traffic. Access for pedestrians and cyclists entering or leaving the district shall be by safe and convenient routes. Such access need not be adjacent to, or limited to the vicinity of, vehic-,lar access points. Where there are crossings of pedestrian ways and vehiodar routes at edges of planned developments, such crossings aludl be safely located, marked and controlled, and where such ways are exposed too substantial vehio,l,~r traffic at edges of districts, safeguards m~y be required to prevent crossings except at designated points. Bicycle and/or bridle paths, if provided, shall be so related to the pedestrian way system tlmt streets crossings are combined. Protection of visibility - pedestrian and cyclist. Where there is pedestrian or bicycle access from within the development to a street at its edges by paths or across yards or other open space without a l~arrier to access to the street, no material impediment to visibility more than 2 1/2 feet above the level of the center of the street shall be created or msiutained within areas appropriate to the ciro~mstances of the case, but in any event within a visibility triangle equivalent to that required in Section 512. Uses adjacent t.o singie-fami~ or agricultural-residential districts. Where a PDH-16 district adjoins a single-f~mily residential or agricultural-residential dh~trict without intervening permanent open space at least 150 feet in width serving as a separation for buildable areas, the portion of the perimeter of the PD-H district se adjoining (150 feet) shall be planned and developed only for uses permitted in the adjoining residential district or for the residential district affording the next higi~est permitted density and in accordance with all other requirements for such district, provided however that in lieu of development, common open space for the PDH-16 district to a depth of 150 feet from the district boundary may be permitted. No intensive recreational use shall be permitted within 75 feet of the district boundLary in such circumstances. Yards, fences, ,w~, or vegetative screening at edges of pD-H districts shzll be provided where needed to protect residents from undesirable view, lighting, noise or other off-site influences, or to protect residents of adjoining residential districts from similar adverse influences within the PDH-16 district. In parti~]l~r, extensive off-street parking areas and service areas for loading and unloading vehicles other than passenger, and for storage and collection of refuse and garbage shall be screened. 2/2/89 PDH-16 REGULATIONS 5 702.2.6 702.2.7 702.2.8 702.3 702.3A 702.3.2 702.3.3 702.3.3.1 7O2.3.4 702.3.4.1 2/2/89 Height limitations at edges of PDH-16 dist._dct~_; Except along boundaries where adjoining districts permit greater heights within simila~ areas, height limitations shall be limited by imaginary planes leaning inward from district boundaries at an angle representing an increase in height of 1/2 (one-hal0 foot for each foot of horizontal distance perpendio,la~ to the district boundary. No portion of any building in such district shall project through said im%oinary planes. Off-Street Parking and Loading Requirement-q - shall be established as provided in Article 2-A of the Leesburg Zoning Ordinance. Screening and Buffer Yard Requirements - shall be established as provided in Article 9-A of the Leesburg Zoning Ordi~s_nce. Site Planning - Internal Relationships The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities. Elements of the site plan shall be organized in relation to topography, the size and shape of the plot, the character of the adjoining property, existing desirable trees, and the views within and beyond the site. Additionally, the site plan shall provide for appropriate relation of space inside and ouLaide buildings to intended uses and structural features. In particular: 1VLax4rnum height restrictions. Dwellings: 35 feet. Other buildings: 35 feet. Relation between buildin.o~ and open space Buildings for residential occupancy shall be located and arranged in a manner that each lot ha~ reasonably direct access to open space on its site. Such open space shall be of a nature, and slmll be scaled, improved and arranged to serve the needs of the residents of such buildings. Specifications The arrangement, character, extent, width, grade and location of all slLreets shall be designed and constructed in accordance with town and VDOT specifications. Streets, drives, parkinE and service area_~ shall provide immediate , ~fe and convenient access and circulation for dwelling units and project facilities and for service and emergency vehicles including fire fq~hting equipment, furniture moving vans, fuel trucks, garbage collection, deliveries, and snow removal Streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more land than is required to provide access as indicated, no create unnecessary fragmentation of the development into small bloclm. In general, block size shall be the maximum consistent with use and shape of the, site and the convenience and safety of the occupants. Vehic~flae access to streets If the street portion thereof serves 50 or less dw~_lliug unit_~ vehio,la~ access from off-street parking and service areas m~y be directly to the street from individual dwelling units. Determln~tion of number of dwelling units PDH-16 REGUI~TIONS 6 served ahall be based on normal route of traffic anticipated in the development. 702.3.4.2 Vehic-lar access to other streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely, and on streets without excessive interruption. 702.3.5 Ways for pedestrians and cyclists; use by emergency or service vehicles. Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facilities and principal off-site pedestrian destinations. 'Walkways to be used by substantial number of children as play areas or routes to school or other destinations shall be so located and safeguarded as to mioimi~.e contracts with nornml automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated in the walkway system. Streets crossings shall be held to a minimum on such wslkways, located and designed to provide safety, and appropriately marked and otherwise safeguarded. Pedestrian ways, appropriately located, designed and constructed, may be combined with other easements and used by emergency or service vehicles, but shall not be used by other automotive traffic. 702.3.6 Protection of visibility - automotive traffic, .cyclists and pedestrian shall be as provided in Section 512. 7O2.3.7 Yards~ courts and building soacing for structures or portions of structures containing housing. 702.3.7.1 Intent. Yards, courts and other open spaces required herein in relation to structures or portions of structures contaioing dwelling units in PDH-16 districts are intended to perform a variety of functions. Among these are assuring (as appropriate to and required by the uses involved and their location) adequate privacy, desirable outlook, natural light and ventilation, access to and around buildings, off-street parking and loading space and service areas, space for landscaping, spacing between buildings and portions of buildings for reducing potential adverse effects of noise, odor, glare, or hazards from fire, and recreational space near buildings. 702.3.7.2 702.3.7.3 Application of regulations. Except as Section 702.2.4 affects the edges of PDH-16 districts and Section 701.8 affects minimum open space required, the :following regulations shall apply to yards, courts, other open space, and building, spacing within the PDH-16 district, and measurements and interpretations are provided herein. Minimum Lot Size Required: 1. Single-family attached 1,400 feet 2. Multi-family 10,000 feet 7~.3.7.4 Minimum Lot Width Required: 1. Single-family attached o_ Interior lot 18 feet b. Comer lot 28 feet 2. Multi-family 100 feet 2/2/89 PDH-16 REGULATIONS 7O2.3.7.5 702.4 702.4.1 702.4.2 702.4.3 ~2.4.4 702.4.5 2/2/89 Minimum Yard Required: Single-family at~ched Front Side Rear 10 feet 10 feet (for end units) 20 feet Multi-family Front 30 feet Side 30 feet Rear 30 feet Definitions and Methods of Measurement and Corresponding Requirements The following provisions shall gover~ In general, references to "the site", "the property", "the project", and the like shall be considered to refer to the PDH-16 district. Minimum area for the district. In determining whether area for the district meets the requirements of these regulations, land area is the site area for residential use within the property lines. Residential land area is the site area for residential use to be construed as including lands used for residential development and related open space. In order to prevent abuses arising from inclusion of extensive areas not suitable for residential development in computing residential maximum gross dea'sity the following limitations shall apply: The land area base for determining maximum perroi~ible residential density shall consist of the land area suitable for residential development within the district (defined as land other than in the classes described below) minus lsnd devoted to non-residential uses, plus an area consisting of an smount equal to but not to exceed 20 percent of such developable area, comprised of lands within the district falling within the following classes: Flood hs~.m-d areas b. Slopes exceeding 12 percent c. Soils judged unsuitable for development Determination of maximum residential density. Maxlrmlm permissible, residential density shall be determined by multiplying the total residential land area by the applicable per dwelling limit as provided in Section 701.7 Open Space is defined as land area 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. Open space shall not include streets, drives, off-street parking and loading areas, and areas so located or of such size or shape to have no substantial aesthetic or recreational value. Recreation Space is that part of the open space which is specifically designed to serve PDH-16 REGUI2~TIONS the needs of residents of the district concerning active recreation (activities may include, but not be limited to, swimming, tennis, golf, ballfields. Si~all children's play areas may be counted as recreation space if the areas's least dimension is 50 feet and the area contains at least 2500 square feet.) 702.4.5.1 Location of recreation space with relation to dwelling. The following locational requirements shall apply to recreation space insofar as reasonably practicable: m Recreation areas intended for general use and for pedestrian access ,~hal] be accessible from dwellings without crossing streets, or with a minimum of street b. Walkways and recreational areas shall form an interconnected s~tem, serving also as routes to schools, churches and other major pedestrian d,~stinations. c. The recreation and walkway system shah be located in block interiors and oriented away from exposure to automotive traffic. d. At least 90 percent of all dwelling units shall be within 600 feet Coy norm.1 pedestrian routes) of countable recreation space. 702.4.6 Management of common open space and common facilities. All open space shall be preserved for its intended purpose as expressed in the "Development Plan." The developer shall choose one, or a combination of the following metho&~ of administering common open space: Public dedication to the Town of the open space. This method is subject to form-! acceptance by the Town. Establishment of a non-profit association corporation, trust or foumdation of all individuals or corporations owning residential property within the planned development to insure the m-lntenance of open spaces; c. Retention of ownership, control and m-iutenance of open space by the developer, subject to approval of the Town Council. All open space not dedicated to the public shall be made subject to restrictive covenants running with the said land thereafter restricting its use as declared in the "Development Plan", and such restrictions shall be for the benefit of, and enforceable by all present or future property owners who shall be entitled to the use of such open space under said "Development Plan" and the Town Council. All open space shall be specifically included in the development sched~de and be constructed and fully improved by the developer at an equivalent, or greater rate than the construction of residential structures. Ail recreational facilities shall be constructed prior to completion of 50 percent of planned dwelling units. If the developer elects to administer open space through an association, non-profit corporation, trust, foundation, said organization sludl conform to the following 2/2/89 PDH-16 I:tEG~TIONS requirements: The developer must establish the or2m~zation prior to the sale of any lots. bo Membership in the organization shall be mandatory for all residential property owners, present or future, within the planned community and s~dd organization shall not discriminate in its members or shareholders. The organization shall msnage all open space, and recreational snd cultural facilities that are not dedicated to the public; shall provide for the maintenance, a&mlnistration, and operation of said land and improvements and any other land within the plsnned community not publicly or privately owned, ~md shall secure adequate liability insurance on the land. d. Shall generally follow the format of FHA Document 1401. 9 SECTION II. Existing Article 7, Sections 701-702.4.11 of the Loudoun County Zoning Ordinance, as adopted and administered by the Town of Leesburg in Virginia shall be repealed, and shall be replaced by the above adopted PDH-16: Planned Development - Housing District reg~flations. SECTION I~. The Official Zoning Map of the Town of Leesburg shall be amen&~l to reflect the adoption of this amendment. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 14th day of February , 1989. Aq~I~EST: Clerk of ~J°bn W.~-- Tol'be~t,. ~2~r., Vice-Mayor Town of Leesburg 2/2/89