HomeMy Public PortalAbout1988_09_27_R177RESOLUTION NO.
A RESOLUTION:
PRESENTED September 27, 1988
88-177 ADOPTED September 27, 1988
INITIATING AN AMENDMENT OF THE LOUDOUN COUNTY ZONING ORDINANCE
AS ADOPTED AND ADMINISTERED BY TIE TOWN OF LEESBURG FOR PD-H:
PLANNED DEVELOPMENT - HOUSING DISTRICTS
WHEREAS, 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
WHEREAS, amendment of the County PD-H regulations is in the best
interest of the public necessity, convenience, general welfare and good
zoning practice:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An amendment to the Loudoun County Zoning Ordinance, as
adopted and administered by the Town of Leesburg, is initiated to create the
PDH-16: Planned Development Housing District which shall replace the PD-H:
Planned Development-Housing Districts, and shall read as follows:
701 PDH-16 PLANNED DEVELOPMENT - HOUSING DISTRICT
The following regulations and requirements apply to planned develop-
ments primarily for housing.
701.1 Applicable ReKulations
Notwithstanding the requirements and provisions of Section 700,
Planned 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 develop-
ment - housing. Related bonds, dedications, guarantees, agreements,
contracts, and deed restrictions shall be approved by the Town
Council before building permits may be issued.
PDH-16 REGULATIONS
701.2
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.
701.3
PDH-16 District, Where Permitted~ Intent
PDH-i§ districts may hereafter be established by amendments to the
official zoning map in accordance with the provisions set forth
generally for PD districts in Section 700 and Article 12, and with
intensities and in locations in accordance with the Town Plan.
701.4
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 programs for planned development - housing, and to
guide in review of proposals and administration to PDH-16 zoning.
701.5 Permitted Principal and Permissible Uses and Structures
701.5.1 Permitted principal uses and structures are as follows:
a. Single-family attached dwellings
b. Multi-family dwellings
c. Churches
d. Schools
e. Parks, playgrounds, community centers and non-commercial
recreational facilities
f. Wayside bus stations
701.5.2 Permitted accessory uses and structures are as follows:
Uses and structures which are customarily accessory and clearly
incidental and subordinate to permitted principal uses and
structures including guest houses and home occupations.
No accessory building shall be constructed until construction of
the principal building has actually 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 per-
mitted for not to exceed one year in connection with construction,
with permits renewable as provided in Section 904.5.2.
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PDH-16 REGULATIONS
701.6 Permissible Uses and Structures
In addition to the principal and accessory uses and structures
permitted by right, as indicated above, facilities planned for
development as part of the district and serving needs not otherwise
served in the general area may be permitted by the Town Council:
(a) as part of a PDH-16 amendment, or (b) by special exception
procedure at any time after PDH-16 amendment provided that such
facilities shall only include those uses and structures which are
intended:
a. Primarily to serve the needs of persons in the PDH-16 district;
b. Are of a nature permitted in other districts;
c. Are designed and located to protect the character of the district
and surrounding residential districts; and
d. Shall occupy in total not more than 28% of the total land area
of the district.
More specifically such facilities may include those listed below.
701.6.1 Public Uses and Structures. Structures and uses required for the
operation of a public utility or performance of a government
function.
701.6.2 Transitional uses. On the first lot or first 150 feet of a Planned
Development Housing (PDH-16) district adjoining a commercial or
industrial district, an office or clinic not exceeding 5000 square
feet floor area shall be permitted, or a combination of not-to-
exceed one dwelling unit and an office or clinic, with total
floor area not exceeding 5000 square feet floor area, subject to
the yard and lot coverage requirements of the PDH-16 district.
701.6.3 Special Exceptions in the Planned Development Housing - 16 District
Wherever permissive or special exception uses and structures are
permitted in the PDH-16 District, the following procedures shall
apply:
701.6.3.1 In cases where the application for special exception is part of
PDH-16 District amendment, the special exception application shall
be reviewed by the Planning Commission, who shall forward its recom-
mendation on the special exception to the Town Council simultaneous-
ly with its district amendment recommendation.
701.6.3.2 In cases where the application for special exception occurs
after PDH-16 amendments, the Zoning Administrator shall file the
application directly with the Town Council for final disposition, as
provided elsewhere in this Ordinance.
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PDH-16 REGULATIONS
701.7
Maximum Density: Maximum Density shall not exceed 16 dwelling
units per acre for multi-family structures and 10 dwelling units
per acre for single-family attached units; provided however,
maximum overall residential density for a PDH-16 project covered by
an approved development plan shall not exceed 12 dwelling units per
acre. Maximum density for non-residential uses shall be 0.20 FAR.
701.8
Minimum Open Space: 30 percent of the gross area shall be open
space.
701.9
Minimum Recreational Space: A minimum of 125 square feet of
active recreational space shall be provided for each multi-family
unit, improved with recreational facilities such as swimming
pools, tennis courts, and playgrounds. Ail 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 Permitted or Permissible Uses
702.1.0 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 require-
ments and limitations unless specifically stated or modified
herein, shall be for the district in which such uses first appear
in the Schedule of District Regulations or Supplementary
Regulations.
702.2 Site Planning - External Relationships
Site planning 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:
702.2.1 Principal vehicular 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 through traffic.
702.2.2 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, vehicular access
points. Where there are crossings of pedestrian ways and vehicular
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PDH-16 REGULATIONS
routes at edges of planned developments, such crossings shall be
safely located, marked and controlled, and where such ways are
exposed too substantial vehicular traffic at edges of districts,
safeguards may 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 that streets crossings are
combined.
702.2.3 Protection of visibility - pedestrian and cyclist.
Where there is pedestrian or bicycle access from within the develop-
ment to a street at its edges by paths or across yards or other
open space without a barrier 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 maintained within
areas appropriate to the circumstances of the case, but in any
event within a visibility triangle equivalent to that required in
Section 512.
702.2.4 Uses adjacent to single-family or agricultural-residential
districts. Where a PDH-16 district adjoins a single-family resi-
dential or agricultural-residential district 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 so 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 highest 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 boundary in such
circumstances.
702.2.5 Yards, fences~ walls, or vegetative screening at edges of PD-H
districts shall 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 partic-
ular, 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.
702.2.6 Height limitations at edges of PDH-16 districts. Except along
boundaries where adjoining districts permit greater heights within
similar 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-half) foot for each
foot of horizontal distance perpendicular to the district boundary.
No portion of any building in such district shall project through
said imaginary planes.
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PDH-16 REGULATIONS
702.3
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 outside buildings to intended uses and
structural features. In particular:
702.3.1Maximumheisht restrictions. Dwellings: 35 feet. Other buildings:
35 feet.
702.3.2 Relation between buildings and open space. Buildings for resi-
dential occupancy shall be located and arranged in a manner that
each lot has reasonably direct access to open space on its site.
Such open space shall be of a nature, and shall be scaled, improved
and arranged to serve the needs of the residents of such buildings.
702.3.3 Specifications
The arrangement, character, extent, width, grade and location of
all streets shall be designed and constructed in accordance with
town and VDOT specifications.
702.3.3.1 Streets, drives, parking and service areas shall provide im-
mediate , safe and convenient access and circulation for dwelling
units and project facilities and for service and emergency vehicles
including fire fighting 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 blocks. In general,
block size shall be the maximum consistent with use and shape of the
site and the convenience and safety of the occupants.
702.3.4 Vehicular access to streets
702.3.4.1 If the street portion thereof serves 50 or less dwellin~ units
vehicular access from off-street parking and service areas may be
directly to the street from individual dwelling units. Determina-
tion of number of dwelling units served shall be based on normal
route of traffic anticipated in the development.
702.3.4.2 Vehicular access to other streets or portions of streets from
off-street parkin~ and service areas shall be so combined, limited,
located, designed and controlled as to channel traffic from and to
such areas conveniently, safely, and in a manner which minimizes
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PDH-16 REGULATIONS
marginal traffic friction and promotes free traffic flow 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 minimize contracts with normal 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 walkways, 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.
702.3.7 Yards~ courts and building spacing 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 containing 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.
702.3.7.3 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.
703.3.7.4 Minimum Lot Size Required:
1. Single-family attached =
2. Multi-family =
1,400 feet
1,000 feet
703.3.7.5 Minimum Lot Width Required:
1. Single-family attached
a. Interior lot =
b. Corner lot =
2. Multi-family =
18 feet
28 feet
100 feet
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PDH-16 REGULATIONS
702.3.7.4 Minimum Yard Required:
1. Single-family attached
Front = 10 feet
Side = 10 feet
Rear = 20 feet
2. Multi-family
Front = 30 feet
Side = 30 feet
Rear = 30 feet
702.3.8 Yards, courts, and building spacing for structures or portions of
structures not containing housing shall be appropriate to the use
of such structure or portion of structure as related to anticipated
amounts and timing of vehicular and pedestrian traffic and exposure
of nearby housing to such use, and with due regard for:
a. Location of principle glassed area in such nearby housing;
b. Separation of residential open space from other open space by
walls, fences or vegetative screening where desireable;
c. Location of proposed parking areas, drives, and service areas.
702.4
Definitions and Methods of Measurement and Corresponding
Requirements
The following provisions shall govern. In general, references to
"the site", "the property", "the project", and the like shall be
considered to refer to the PDH-16 district.
702.4.1 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.
702.4.2 Residential land area is the site area for residential use to be
construed as including lands used for residential development and
related open space and portions of grounds of schools, churches and
the like, providing recreational open space. Residential land area
shall not be construed to include portions of school or church
grounds not constituting recreational open space.
In order to prevent abuses arising from inclusion of extensive
areas not suitable for residential development in computing resi-
dential maximum gross density the following limitations shall apply:
The land area base for determining maximum permissible 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 land devoted to non-residential
uses, plus an area consisting of an amount equal to but not to
exceed 20 percent of such developable area, comprised of lands
within the district falling within the following classes:
PDH-16 REGULATIONS
a. Flood hazard areas
b. Slopes exceeding 12 percent
c. Soils judged unsuitable for development
702.4.3 Determination of maximum residential density. Maximum 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
702.4.4 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.
702.4.5 Recreation Space is that part of the open space which is
specifically designed to serve the needs of residents of the
district concerning active recreation (activities may include, but
not be limited to, swimming, tennis, golf, ballfields. Small
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:
a. Recreation areas intended for general use and for pedestrian
access shall be accessible from dwellings without crossing
streets, or with a minimum of street crossings.
b. Walkways and recreational areas shall form an interconnected
system, serving also as routes to schools, churches and other
major pedestrian destinations.
c. The recreation and walkway system shall 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 (by normal pedestrian routes) of countable recreation space.
702.4.6 ManaRement of common open space and common facilities. Ail 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 methods of administering common open
space:
a. Public dedication to the Town of the open space. This method is
subject to formal acceptance by the Town.
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PDH-16 REGULATIONS
10
b. Establishment of a non-profit association corporation, trust or
foundation of all individuals or corporations owning residential
property within the planned development to insure the maintenance
of open spaces;
c. Retention of ownership, control and maintenance of open space by
the developer, subject to approval of the Town Council.
Ail open space not dedicated to the public shall be made subject to
restrictive covenants running with the said land thereafter re-
stricting 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.
Ail open space shall be specifically included in the development
schedule 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 shall conform to the following requirements:
a. The developer must establish the organization prior to the sale
of any lots.
b. Membership in the organization shall be mandatory for all
residential property owners, present or future, within the
planned community and said organization shall not discriminate
in its members or shareholders.
c. The organization shall manage all open space, and recreational
and cultural facilities that are not dedicated to the public;
shall provide for the maintenance, administration, and operation
of said land and improvements and any other land within the
planned community not publicly or privately owned, and shall
secure adequate liability insurance on the land.
d. Shall generally follow the format of FHA Document 1401.
SECTION II. The manager shall refer the proposed amendment to the
Planning Commission for hearing and report and the Planning Commission shall
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PDH-16 REGULATIONS
report its recommendation to the Town Council on the proposed amendment
within sixty days of its public hearing.
PASSED this 27th day of September , 1988.
Robert E. Sevila, Mayor
Town of Leesburg
ATTEST:
'c-lerk/of council;~ ~
11
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