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
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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 .
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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
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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.
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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 .
May 9
•otary Pu• •\
Notary No. ∎� CiL 1�- Dat4Y
My commission expires:CX'�0 2c t 9c,