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HomeMy Public PortalAbout1992_02_11_O007 Provision of Active Recreational Facilities in Multi-Family Residential Development 'The T'own of Leesburg, Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED February 11, 1992 92-0-7 ADOPTED February 11, 1992 AMENDING SECTION 8H-9(2), SECTION 3I-7(2) AND SECTION llA-7(8)b OF THE LEESBURG ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN MULTI-FAMILY RESIDENTIAL DEVELOPMENTS WHEREAS, public necessity, general welfare, and good zoning practice require the evaluation of existing ordinances to ensure that they continue to address the needs of the commu~ty; and WHEREAS, good zoning practice requires uniform regulation of similarly situated land uses; and WHEREAS, on October 9, 1991 the Council initiated an amendment to the Leesburg Zoning Ordinance establishing development density as the basis for requiring active recreation facilities in multi- family and townhouse residential developments; and WHEREAS, the Planning Commission held a public hearing on November 7, 1!991 and has made a recommendation to Council; and WHEREAS, Council held a public hearing on January 14, 1992: THEREFORE, ORDAINED by the Council of the Town of Leesburg as follows: SECTION I. Section 3H-9(2) of the Leesburg Zoning Ordinance is hereby amended to read as follows: (2) For developments with overall density exceeding eight (8) units per net acre, active recreation facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreation" is defined as activities that allow physical participation by an individual or group. The size, type, and number of facilities shall be commensurate with the anticipated needs of the residents. In mixed developments having both multi-family and single-family attached (townhouse) sections, density and any resulting active recreation facility requirements may be calculated separately for each respective dwelling eatego~y. bo Construction of recreation facilities described in the development plan shall be in accordance with a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of construction of dwellings. At a minimum, a phasing plan must assure that m~jor recreation facilities, such ~-~ pools, clubhouses, and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. -2- AMENDMENT OF SECTION 3H-9(2), SECTION 3I-7(2) AND SECTION 11A-7(3)b OF THE LEESBURG ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN MULTI- FAMILY RESIDENTIAL DEVELOPMENTS SECTION II. Section 3I-7(2) of the Leesburg Zoning Ordinance is hereby amended to read as follows: (2) A minimum of thirty percent (30%) of the gross acreage of a site developed for multi-family residential use shall be maintained as open space. For developments with overall density exceeding eight (8) units per net acre, active recreation facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreation" is defined as activities that allow physical participation by an individual or group. The size, type, and number of facilities provided shall be commensurate with the anticipated needs of the residents. Construction of recreation facilities described in the development plan shall be in accordance with a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of construction of dwellings. At a minimum, a phasing plan must assure that major recreation facilities, such as pools, clubhouses, and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. SECTION III. Section 11A-7(3)b of the Leesburg Zoning Ordinance is hereby mnended to read as follows: bo A minimum of thirty percent (30%) of the gross acreage of a site developed for multi-family residential use shall be maintained as open space. For developments with overall density exceeding eight (8) units per net acre, acative recreation facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreation" is defined as activities that allow physical pm~icipation by an individual or group. The size, type, and number of facilities provided shall be commensurate with the anticipated needs of the residents. Construction of recreation facilities described in the development plan shall be in accordance with a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of construction of dwellings. At a minimum, a phasing plan must assure that major recreation facilities, such as pools, clubhouses, and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. SECTION IV. Any new development in existing R-16 districts for which the Town Planning Commission has approved a preliminary or final development plan, or for which the Town Land Development Official has accepted for review a complete application for a preliminary development plan, shall be vested in the provisions of the R-16 district regulations that were in effect immediately prior to adoption of this ordinance. SECTION V. All prior ordinances in conflict herewith are hereby repealed. -3- AMENDMENT OF SECTION 3H-9(2), SECTION 3I-7(2), AND SECTION llA-7($)b OF THE LEESBURG ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN MULTI- FAMILY RESIDENTIAL DEVELOPMENTS SECTION VI. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shah not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. ATTEST: This ordinance shall be in effect upon its passage. 11th day of February , 1992. Robert E. Sevila, d~Iayor Town of Leesburg SECTION VII. PASSED this