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HomeMy Public PortalAbout2009_05_27_O007 - Affordable Dwelling Units The Town of Leesburg, Virginia PRESENTED: May 27, 2009 ORDINANCE NO. 2009-007 ADOPTED: May 27,2009 AN ORDINANCE: AMENDING AND REORDAINING ARTICLE 3.17 OF THE ZONING ORDINANCE, ADMINISTRATION AND REGULATION OF AFFORDABLE DWELLING UNIT DEVELOPMENTS, FOR THE PURPOSE OF CLARIFICATION AND ABILITY TO ENACT MEMORANDUM OF AGREEMENT WITH LOUDOUN COUNTY The Town Council of Leesburg, Virginia, ordains: SECTION I. That the following sections of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: Section 3.17 Affordable Dwelling Unit Developments. 3.17.1 Purpose. The Affordable Dwelling Unit Program is established to assist in the provision of housing to persons of moderate income by (a) promoting the development of a full range of housing choices, and (b) requiring the construction and continued existence of dwelling units which are affordable for purchase by households whose income is greater than thirty percent (30%) and less than seventy percent (70%) and affordable for rental by households whose income is greater than thirty percent (30%) and less than fifty percent (50%) of the median income for the Washington Primary Metropolitan Statistical Area (PMSA). "Affordable Dwelling Units (ADUs)" shall be defined as those units for which the rental and/or sales price is regulated pursuant to the provisions contained in this Article, as adopted by the Town Council. All affordable dwelling units shall comply with the following provisions and the Residential Zoning District Regulations for the Provision of Affordable Dwelling Units regulations contained in Section 5.10 of this Ordinance, Chapter 1450 of the Loudoun County Codified Ordinance, and any other relevant Town of Leesburg code or ordinance, per the "Town/County Agreement." The Town/County Agreement shall be defined as the Memorandum of Agreement (MOA) in effect a~; of XXX, ~,---wffi€.h wa~; approved by--tlle Town Council on XXX, 2008 and .~ .boudoun County Board of Supervisors on XXX, 2008. as authorized and approved by the Town Council and the Loudoun County Board of Supervisors. 3.17.7 Modifications. (A) Modifications to the requirements of Sections 3.17.3 and 3.17.5 of the Affordable Dwelling Unit Program shall be allowed concurrently with applications for a rezoning, special exception, site plan or preliminary subdivision plat, upon a finding by the Town Council, upon recommendation of the Planning Commission. In the event that a -2- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE 3.17 OF THE ZONING ORDINANCE, ADMINISTRATION AND REGULATION OF AFFORDABLE DWELLING UNIT DEVELOPMENTS, FOR THE PURPOSE OF CLARIFICATION AND ABILITY TO ENACT MEMORANDUM OF AGREEMENT WITH LOUDOUN COUNTY modification to Section 3.17.3 is requested: (1 ) Regardless of the density increase allowed, the percentage of affordable units any approved shall be no less than 12.5% for single family detached and single family attached developments, and 6.25% for multi-family unit developments; and (2) The total affordable units proposed shall be no less than five percent (5%) of the total number of residential units within the project. (3) Notwithstanding paragraphs (1) and (2) above, any request for rezoning, special exception, or preliminary subdivision plat which contain only single family detached units, a modification may be requested to provide cash in lieu of the units. Such cash must be paid prior to the first zoning permit. In the event that an applicant requests a modification to make such cash payment, the following criteria shall apply: (a) The cash formula of Section 3.17. 7 (e) shall apply. (b) The decision to pay cash in lieu of providing the units has to be made at the time of approval of rezoning, special exception or preliminary subdivision plat~ as applicable per the TO'.vn/County ,^..greement. (c) No bonus density is to be granted for a development, when an applicant opts to provide cash in lieu of units. (B) In reviewing a request for modification to Section 3.17.3, consideration shall be given, after providing significant justification, to the following: (1) Existing unique or unusual site constraints including, but not limited to, potential adverse impacts on environmental resources and features on the subject parcel and adjacent parcels, and difficult soil conditions. (2) Unusual costs associated with development of the subject property . -3- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE 3.17 OF THE ZONING ORDINANCE, ADMINISTRATION AND REGULATION OF AFFORDABLE DWELLING UNIT DEVELOPMENTS, FOR THE PURPOSE OF CLARIFICATION AND ABILITY TO ENACT MEMORANDUM OF AGREEMENT WITH LOUDOUN COUNTY (3) Overriding public needs, health issues, public safety issues, or public welfare issues which are better served by not providing the maximum number of affordable units otherwise required. (4) In the case of a request for a concept plan amendment, consideration shall also be given to whether the amendment would result in a reduction in the previously approved rezoning's impact on public facilities and whether the existing proffer commitments for the previously approved rezoning exceed current adopted capital facility guidelines established in the Town Plan. (C) In conjunction with Section 3.17.7(A) above requesting such modifications, the Town Council may permit an applicant to request a modification to this ordinance so as to allow them to provide any combination of affordable dwelling units, land or contributions-,- ffi Loudoun County equivalent to providing tho required number of affordable dwelling units, as approved by Loudoun County and the T ov,n of Leesburg. (D) Requests for modifications to the requirements of the Affordable Dwelling Unit Program, as applied to a given development, shall be submitted in conjunction with the application for rezoning, concept plan amendment, proffer amendment, special exception, site plan~ or preliminary subdivision, as applicable. The applicant shall provide a justification for such request. The Affordable Dwelling Unit Advisory Board, per the Town/County Agreement, shall review requests for modifications and make its recommendation to the Town of Leesburg within sixty (60) days of receipt of a complete application by the ADUAB from the Town, of a completed application. (E) Cash contributions made pursuant to Section 3.17.7(C) and 3.17.3(A) shall be calculated according to the following formula: Construction Price of Prototypical ADU x .25 x # of ADU lots required = cash contribution .75 (F) All cash, or the value of land contributions made pursuant to Sections -4- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE 3.17 OF THE ZONING ORDINANCE, ADMINISTRATION AND REGULATION OF AFFORDABLE DWELLING UNIT DEVELOPMENTS, FOR THE PURPOSE OF CLARIFICATION AND ABILITY TO ENACT MEMORANDUM OF AGREEMENT WITH LOUDOUN COUNTY 3.17.3(A) and 3.17.7(C) shall be calculated in terms of current dollars, adjusted by the CPI, at the time the actual contribution is officially transferred to the County per the Town/County Agreement, and paid prior to the issuance of the first zoning permit unless another time is approved by the Town Council at the time the modification is approved. Funds collected shall be placed in the Loudoun County Housing Trust.:. Fw:l4- (G) The time limits set forth in Section 15.2-2259 and 15.2-2260 of the Virginia Code shall be suspended during the pendency of an application filed pursuant to Section 3.17.7. 3.17.10 Enforcement and Court Appeals. (A) The Zoning Administrator of the Town of Leesburg shall administer and enforce the provisions of #te-The Town of Leesbmg's Affordable Dwelling Unit Program in conjunction with County staff: other than those enforcement remedies and rights assigned bv the Town to the County in paragraph 3.17.9. (B) Notwithstanding the provisions of Section 15.2-2311 of the Virginia Code, any person aggrieved by a decision of the Town of Leesbmg's Zoning Administrator or by the Affordable D\velling Unit Advisory Board, per the Tovin/County Agreement, in the euse of a decision made by the latter regarding an appeal of aflornable d'tvelling unit for sale or rental prices, or by uny decision made by an administrative officer in the administration or enforcement of the Aff-ordable Dwelling Unit Program, may appeal such decision to the LoudoLHl County Town of Leesb.urg's Board of Zoning Appeals by filing a petition of appeal which specifies the grounds upon which aggrieved within thirty (30) days from the date of the decision. In the case of a decision made by the Affordable Dwelling Unit Advisory Board regarding an appeal of affordable dwelling unit for-sale or rental prices, or by any decision pursuant to 1450.03(a) Loudoun County Codified Ordimmces in the administration of the Affordable Dwelling Unit Program, may appeal such decision to the Loudoun County Board of Supervisors by filing a petition of appeal which specifies the grounds upon which aggrieved within thirty (30) days from the date of the decision. -5- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE 3.17 OF THE ZONING ORDINANCE, ADMINISTRATION AND REGULATION OF AFFORDABLE DWELLING UNIT DEVELOPMENTS, FOR THE PURPOSE OF CLARIFICATION AND ABILITY TO ENACT MEMORANDUM OF AGREEMENT WITH LOUDOUN COUNTY (C) Any petition of appeal properly filed pursuant to Paragraph B above shall not constitute a de novo proceeding and shall be considered by the Circuit Court in a manner similar to petitions filed pursuant to Section 15.2-2314 of the Virginia Code. SECTION II. Including the changes referenced above, Article 3, Section 3.17 et seg. is hereby reordained and amended. SECTION III. All prior ordinances in conflict herewith are hereby repealed. SECTION IV. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION V. This ordinance shall be in effect upon its passage. PASSED this 27th day of May, 2009. ~[\~~ . n C. Umstatt, ayor Town of Leesburg MEMORANDUM OF AGREEMENT Between the COUNTY OF LOUDOUN And the TOWN OF LEESBURG Regarding acceptance and administration of AFFORDABLE DWELLING UNITS IN THE TOWN OF LEESBURG This Memorandum of Agreement is entered into this 9 day of 1 , 2009 by and between the Board of Supervisors of Loudoun County, Virginia (County) and T Council of Leesburg (Town). WHEREAS, the County and the Town share a common goal to increase the supply of affordable housing units to support strong and vibrant communities; and WHEREAS, the Virginia General Assembly amended the Leesburg Town Charter in 2007 to authorize the Town to provide for an affordable housing dwelling unit program in conjunction with Loudoun County pursuant to Section 15.2-2304 of the Code of Virginia; and WHEREAS, the Leesburg Town Council amended its Zoning Ordinance, Article 3, on April 22, 2008 by adding Section 3.17 et seq. entitled "Administration and Regulation of Affordable Dwelling Unit Developments"which establishes a program to assist in the provision of affordable housing units in the Town, and provides for administration and regulation of the Town's affordable housing program in conjunction with the County of Loudoun through a Memorandum of Agreement; and WHEREAS, the County has an established Affordable Dwelling Unit Program to administer its program, and has granted authority in Chapter 1450, Section 1450.03(a) of the Codified Ordinances of Loudoun County("Chapter 1450") to its Affordable Dwelling Unit Advisory Board (ADUAB) to approve or determine general specifications, construction costs, for-sale prices and rental price revisions for affordable dwelling units; to determine the eligibility of applicants; and to make recommendations to the Loudoun County Board of Supervisors regarding requested modifications to zoning ordinance requirements; and WHEREAS, the Town has no such program or advisory board to administer the Town's Affordable Dwelling Unit Program; and WHEREAS, Article 3 of the Town's zoning ordinance, as amended April 22, 2008, allows requests for modifications and adjustments to the Town's affordable dwelling unit requirement subject to making a cash payment in lieu of constructing affordable dwelling units, and provides that all such cash contributions shall be placed in the Loudoun County Housing Trust after collection by the Town; and WHEREAS, the Town and County agree that the County shall administer the Town's Affordable Dwelling Unit Program under Chapter 1450 subject to the limitations set forth in this Memorandum of Agreement, and provided further that the Town agrees to limit the number of affordable housing units to be accepted and administered by the County to no more than 40 units in addition to any units within the Town that are under the administration of the County and the ADUAB as of the date of this Memorandum; and WHEREAS, the 40 units to be accepted and administered by the County include 30 affordable dwelling units referenced below in paragraphs 1 and 3 in connection with Rezoning#TLZM 2006-0022, et al., Now, therefore, in consideration of the mutual covenants and promises set forth above the parties agree that: 1. The Town's Affordable Dwelling Unit Program shall consist of a maximum of 40 new affordable dwelling units physically located within the Town, in addition to any units within the Town presently being administered by the County. The maximum of 40 affordable dwelling units includes 30 affordable dwelling units proffered in connection with Rezoning#TLZM 2006-0022; PMW Farms; owned by Fort Evans Properties, LLC; MCPI# 148-30-6412; 105 acres ("the Property"). 2. The County shall administer the Town's Affordable Dwelling Unit Program, as defined in the preceding paragraph, under Chapter 1450 of the Codified Ordinances of Loudoun County, as provided for in the Town Zoning Ordinance, Article 3, Section 3.17 et seq., to the extent permitted by law and subject to the limitations in this Memorandum of Agreement. 3. The Town and the County specifically agree that the County will accept and administer the 30 affordable dwelling units proffered in connection with Rezoning#TLZM 2006- 0022; PMW Farms; owned by Fort Evans Properties, LLC; MCPI# 148-30-6412; 105 acres. This referenced proffer and rezoning application were fully approved by the Town Council on December 11, 2007 and are now a part of the Town's Zoning Ordinance. Pursuant to the Town's Zoning Ordinance, these 30 proffered affordable dwelling units (1) shall not be required to meet the interspersion requirements among the market rate units on the Property; and(2)may be as narrow as 18' wide regardless of the width of the market rate units on the Property. The Town and the County agree that acceptance and administration of these 30 ADUs will be in accordance with this Memorandum of Agreement, the provisions Chapter 1450 of the Codified Ordinances of Loudoun County, the Town Zoning Ordinance, and the above-referenced proffer. 4. The Town assigns to the County any and all rights the Town otherwise would have to enforce the covenants described in Section 1450.08(a)(1) et seq. of the Codified Ordinances of Loudoun County("the ADU Covenants")to protect the Town's affordable dwelling units from being lost to moderate income eligible purchasers or to recover damages for the loss of an affordable dwelling unit in violation of the covenants and/or Chapter 1450; provided, however, that the Town and County may by written agreement revoke or modify this assignment. 5. The Town waives and assigns to the County any right the Town otherwise would have under Chapter 1450 or the ADU Covenants to purchase an affordable dwelling unit during the initial and resale periods set forth in Sections 1450.04 and 1450.08 of the Codified Ordinances of Loudoun County. 6. The ADU Covenants for the Town's affordable dwelling units shall be approved as to form by the County before being recorded among the land records of the Loudoun County Circuit Court. 7. Any cash in lieu payments that are received by the Town as a result of the Town's approval under Article 3, Section 3.17 et seq. of any requests for modifications or adjustments to the requirements of the Town's zoning ordinance shall be promptly remitted to the County of Loudoun Housing Trust pursuant to Section 3.17.7(F) of the Town's zoning ordinance and pursuant to this Memorandum of Agreement. 8. Any proceeds from the market sale of an affordable dwelling unit allowed under Sections 1450.04(e), 1450.08(a)(2)(B) or 1450.08(a)(4) of the Codified Ordinances of Loudoun County that would otherwise be payable to the Town shall be paid to the County of Loudoun Housing Trust. 9. The parties agree that the disposition of any cash in lieu payments and/or proceeds from market sales of affordable dwelling units placed in the County of Loudoun Housing Trust pursuant to paragraphs 6. and 7. herein shall be governed exclusively by the terms of the County of Loudoun Housing Trust. 10. Section 3.17.7(D) of the Town's zoning ordinance shall be modified by the Town to provide that the ADUAB shall review requests for modifications and make its recommendation to the Town of Leesburg within 60 days of receipt by the ADUAB from the Town of a complete application. 11. Section 3.17.10(A) of the Town's zoning ordinance shall be modified by the Town to clarify that "Zoning Administrator"means "Town Zoning Administrator"who shall administer and enforce the provisions of the Affordable Dwelling Unit Program in conjunction with County staff, other than those enforcement remedies and rights assigned by the Town to the County in paragraph 3 above. 12. Section 3.17.10(B) of the Town's zoning ordinance shall be modified by the Town to clarify that appeals from any approvals or determinations of the ADUAB made pursuant to Section 1450.03(a) may be made to the Loudoun County Board of Supervisors as provided in that section; to clarify that"Zoning Administrator" in Section 3.17.10(B) means "Town Zoning Administrator"; and to provide that any appeals from a decision of the Town Zoning Administrator shall be to the Town of Leesburg Board of Zoning Appeals, and not to the Loudoun County Board of Zoning Appeals. 13. The Loudoun County Board of Supervisors shall consider appointment to the ADUAB of a resident of the Town, recommended by the Leesburg Town Council, who meets any of the qualifying criteria for membership on the ADUAB set forth in Section 1450.10 of the Codified Ordinances of Loudoun County. 14. This Memorandum of Agreement shall remain in effect for so long as the Town has Affordable Dwelling Units located within the Town; provided, however, that the parties may mutually agree to modify or terminate it; and provided, further, that either the Town or the County may terminate the Memorandum of Agreement, after 90 days notice, upon a determination by its respective governing body that there are insufficient resources or funds to continue with its obligations under the Memorandum of Agreement. 15. This Memorandum of Agreement shall be authorized by evidence of the signatures of the Chairman of the Board of Supervisors of Loudoun County and the Mayor of the Town of Leesburg. THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY, VIRGINIA B31: P• . Chairman m cc Affidavit of True Copy Date State of: \i County of: L� I hereby certify that the attached TOWN OF LEESBURG document is a true and exact copy of a frui(in&Arn (lk- , presented before me this \ `'} day of n€_ ,2009 . 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