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.
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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.
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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.
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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
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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
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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