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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. 9123188 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. 9/23/88 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 9~23/88 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. 9/23188 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 9/23/88 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 ~/23/88 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. ~123/88 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 9/23/88 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 9/23/88