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HomeMy Public PortalAbout1991_10_09_R231The Town of Leesburg, [girginia RESOLUTION NO. A RESOLUTION: PRESENTED October 9, 1991 91-23l ADOPTED October 9, 1991 RE-INITIATING AND REFERRING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN MULTI-FAMILY RESIDENTIAL DEVELOPMENTS WHEREAS, on February 12, 1991 the Council by Resolution No. 91-37 initiated an amendment to Article 3 and Article 11 of the Leesburg Zoning Ordinance proposing criteria for requiring active recreation facilities in multi-family residential developments; and WHEREAS, said amendment applied only to the R-22 residential zoning district and the Special Exception standards for multi-family developments in the B-1 and B-2 commercial zoning districts; and WHEREAS, both the Planning Commission and Council have conducted public hearings on the amendment; and WHEREAS, Council has concluded that the criteria proposed in the amendment could result in inequitable regulation of multi-family developments; and WHEREAS, the R-16 residential zoning district also governs multi-family development; and WHEREAS, general welfare and good zoning practice require uniform regulation of similarly situated land uses: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. Resolution No. 91-37, adopted by the Council of the Town of Leesburg on February 12, 1991, is hereby rescinded. SECTION II. An amendment to Section 3H-9(2) of the Leesburg Zoning Ordinance is hereby initiated, replacing existing text with the following:. (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 provided shall be commensurate with the anticipated needs of the residents. a. 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. -2- AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN MULTI-FAMILY RESIDENTIAL DEVELOPMENTS bo If subsequent subdivision or boundary line adjustment causes the density of previously exempt development to exceed eight (8) units per net acre, the owner(s) of that development shall add the recreation facilities required by this section as a condition of approval of the subdivision or boundary line adjustment. SECTION III. An amendment to Section 3I-7(2) of the Leesburg Zoning Ordinance is hereby initiated, replacing existing text with the following:. (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. ao 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 msjor recreation facilities, such as pools, clubhouses and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. bo If subsequent subdivision or boundary line adjustment causes the density of previously exempt development to exceed eight (8) units per net acre, the owner(s) of that development shall add the recreation facilities required by this section as a condition of approval of the subdivision or boundary line adjustment. SECTION IV. An amendment to Section llA-7(3)b of the Leesburg Zoning Ordinance is hereby initiated, replacing existing text with the followinE. 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 m~jor recreation facilities, such as pools, clubhouses and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. If subsequent subdivision or boundary line adjustment causes the density of previously exempt development to exceed eight (8) units per net acre, the owner(s) of that development shall add the recreation facilities required by this section as a condition of approval of the subdivision or boundary line adjustment. -3- AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN MULTI-FAMILY RESIDENTIAL DEVELOPMENTS SECTION V. The Planning Commission shall hold a public hearing and consider these amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11, Title 14.1-431 of the 1950 Code of Virginia, as amended. PASSED this 9th day of ATTEST: Clerk of Council October , 1991. Town of Leesburg