Draft Text Comment - Dec 2 2004
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FAIRFAX STAFF REPORT COUNTY V I R G I N I A PROPOSED ZONING ORDINANCE AMENDMENT Planned Development Districts DECEMBER 2, 2004 DRAFT PUBLIC HEARING DATES Planning Commission Not Yet Scheduled Board of Supervisors PREPARED BY ZONING ADMINISTRATION DIVISION DEPARTMENT OF PLANNING AND ZONING (703) 324-1314 DJQ Americans With Disabilities Act (ADA): Reasonable accommodation is available upon 7 days advance notice. For additional information call (703) 324-1334. 1 STAFF COMMENT 2 PROPOSED AMENDMENT November 10, 2004 Draft This proposed Zoning Ordinance amendment is based on the Zoning Ordinance in effect as of ####, 2005 and there may be other proposed amendments that may affect some of the numbering, order or text arrangement of the paragraphs or sections set forth in this amendment, which may be adopted prior to action on this amendment. In such event, any necessary renumbering or editorial revisions caused by the adoption of any Zoning Ordinance amendments by the Board of Supervisors prior to the date of adoption of this amendment will be administratively incorporated by the Clerk in the printed version of this amendment following Board adoption. 1 Amend Article 2, General Regulations, as follows: 2 3 - Amend Part 4, Qualifying Lot and Yard Regulations, as follows: 4 ...
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| Publié par | Istey |
| Nombre de lectures | 33 |
| Langue | English |
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STAFF REPORT
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PROPOSED ZONING ORDINANCE AMENDMENT
Planned Development Districts
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4
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PUBLIC HEARING DATES
Planning Commission
Not Yet Scheduled
Board of Supervisors
Not Yet Scheduled
P
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E
P
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D
B
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ZONING ADMINISTRATION DIVISION
DEPARTMENT OF PLANNING AND ZONING
(
7
0
3
)
3
2
4-1314
DJQ
Americans With Disabilities Act (ADA):
Reasonable accommodation is available upon 7 days advance
notice. For additional information call (703) 324-1334.
FAIRFAX
COUNTY
1
STAFF COMMENT
2
PROPOSED AMENDMENT
November 10, 2004 Draft
This proposed Zoning Ordinance amendment is based on the Zoning
Ordinance in effect as of
####,
2005 and there may be other proposed
amendments that may affect some of the numbering, order or text
arrangement of the paragraphs or sections set forth in this amendment,
which may be adopted prior to action on this amendment.
In such
event, any necessary renumbering or editorial revisions caused by the
adoption of any Zoning Ordinance amendments by the Board of
Supervisors prior to the date of adoption of this amendment will be
administratively incorporated by the Clerk in the printed version of this
amendment following Board adoption.
Amend Article 2, General Regulations, as follows:
1
2
-
Amend Part 4, Qualifying Lot and Yard Regulations, as follows:
3
4
-
Amend Sect. 2-406, Pipestem Lots, by revising Par. 1D to read as follows:
5
6
1.
When deemed necessary to achieve more creative planning and
7
preservation of natural property features or to provide for affordable
8
dwelling unit developments, the Director may approve pipestem lots either
9
as a single lot or in a group of lots not to exceed five (5) in number, but
10
only in accordance with the provisions of the Public Facilities Manual and
11
one of the following:
12
13
D.
In the PDH and PDC Districts when shown on an approved final
14
development or planned district plan.
15
16
-
Amend 2-412, Permitted Extensions Into Minimum Required Yards, to
17
read as follows:
18
19
1.
The features set forth in the following Paragraphs 3 through 6 below may
20
extend into minimum required yards as specified, however, if the lot is
21
subject to any proffered conditions, imposed development conditions, or
22
approved development, final development or planned district plans, such
23
extensions shall be in substantial conformance with such approvals.
24
25
2.
For Lots in the PDH, PDC, PRC and PRM Districts shall be subject to the
26
following, unless otherwise specified by proffered conditions, imposed
27
development conditions and/or on the approved final, planned district or
28
development plan:
29
30
12/7/2004
3
A.
When a minimum required yard is depicted on an approved
1
development, final development or planned district plan, or specified
2
in any imposed development conditions or proffered conditions, the
3
minimum required yard shall be that depicted or specified yard.
4
5
B.
When no minimum required yard is depicted on an approved
6
development, final development or planned district plan, or specified
7
in any imposed development conditions or proffered conditions, the
8
minimum required yard shall be deemed to be one-half of the
9
distance of the yard that has been established by the location of the
10
principal structure on a lot.
11
12
C.
In other districts where minimum yard requirements required yards
13
are determined by a specified distance between buildings, the lot
14
lines shall be established by a line located between the buildings
15
drawn at the mid-point and perpendicular to the shortest line between
16
them and the minimum required yard shall be deemed to be one-half
17
of the distance of the yard that has been established by the lot line
18
described in this paragraph.
19
20
13. The following shall apply to any structure:
21
22
A.
Cornices, canopies, awnings, eaves or other such similar features, all
23
of which are at least ten (10) feet above finished ground level, may
24
extend three (3) feet into any minimum required yard but not closer
25
than two (2) feet to any lot line.
This provision shall not apply to
26
permanent canopies over gasoline pump islands which have supports
27
located on the pump islands, provided that such canopies may extend
28
into minimum required yards but shall not extend into any required
29
transitional screening areas nor overhang travel lanes, service drives
30
or sidewalks.
31
32
B.
Sills, leaders, belt courses and other similar ornamental features may
33
extend twelve (12) inches into any minimum required yard.
34
35
C.
Open fire balconies, fire escapes, fire towers, uncovered stairs and
36
stoops, air conditioners and heat pumps, none of which are more than
37
ten (10) feet in width, may extend five (5) feet into any minimum
38
required yard, but not closer than five (5) feet to any lot line.
39
40
D.
Bay windows, oriels, and chimneys, none of which are more than ten
41
(10) feet in width, may extend three (3) feet into any minimum
42
required yard, but not closer than five (5) feet to any lot line.
43
44
E.
Carports may extend five (5) feet into any minimum required side
45
yard, but not closer than five (5) feet to any side lot line.
46
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4
1
F.
An accessibility improvement may extend into any minimum
2
required yard.
3
4
24. The following shall apply to any deck attached to a single family detached
5
dwelling:
6
7
A.
Any open deck with no part of its floor higher than four (4) feet
8
above finished ground level may extend into minimum required
9
yards as follows:
10
11
(1)
Front yard:
6 feet, but not closer than 14 feet to a front lot
12
line and not closer than 5 feet to any side lot
13
line
14
15
(2)
Side yard:
5 feet, but not closer than 5 feet to any side lot
16
line
17
18
(3)
Rear yard:
20 feet, but not closer than 5 feet to any side or
19
rear lot line
20
21
B.
Any open deck with any part of its floor higher than four (4) feet
22
above finished ground level may extend into minimum required
23
yards as follows:
24
25
(1)
Front yard: No extension
26
27
(2)
Side yard:
No extension
28
29
(3)
Rear yard:
12 feet, but not closer than 5 feet to any rear
30
lot line and not closer than a distance equal to
31
the minimum required side yard to the side lot
32
line
33
34
C.
Any roofed deck with no part of its floor higher than four (4) feet
35
above finished ground level may extend into minimum required
36
yards as follows:
37
38
(1)
Front yard: No extension
39
40
(2)
Side yard: No extension
41
42
(3)
Rear yard: 12 feet, but not closer than 5 feet to any rear lot
43
line and not closer than a distance equal to the
44
minimum required side yard to the side lot line
45
46
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5
35. The following shall apply to any deck attached to a single family attached
1
dwelling:
2
3
A.
Any open deck with no part of its floor higher than three (3) feet
4
above finished ground level may extend into minimum required
5
yards as follows:
6
7
(1)
Front yard: No extension
8
9
(2)
Side yard: 5 feet, but not closer than 5 feet to any side lot
10
line
11
12
(3)
Rear yard: To the rear lot line and from side lot line to side
13
lot line, except on lots with a minimum required
14
side yard, not closer than 5 feet to that side lot
15
line
16
17
B.
Any open deck with any part of its floor higher than three (3) feet
18
above finished ground level may extend into minimum required
19
yards as follows:
20
21
(1)
Front yard: No extension
22
23
(2)
Side yard: No extension
24
25
(3)
Rear yard: 12 feet, but not closer than 5 feet to the rear lot
26
line.
Notwithstanding the above, on lots with
27
rear yards of 17 feet or less, a deck with a depth
28
of 12 feet may be permitted, but not closer than 2
29
feet to the rear lot line, if such lot line abuts open
30
space or an utility easement, not less than 10 feet
31
in width.
In addition, on lots with a minimum
32
required side yard, not closer to that side lot line
33
than a distance equal to such minimum required
34
yard.
35
36
C.
Any roofed deck with no part of its floor higher than three (3) feet
37
above finished ground level may extend into minimum required
38
yards as follows:
39
40
(1)
Front yard: No extension
41
42
(2)
Side yard: No extension
43
44
(3)
Rear yard: 12 feet, but not closer than 5 feet to the rear lot
45
line, and on lots with a minimum required side
46
12/7/2004
6
yard, not closer to that side lot line than a
1
distance equal to such minimum required yard
2
3
46. The following shall apply to any deck attached to a multiple family
4
dwelling, commercial, industrial or institutional structure:
5
6
A.
Any open or roofed deck, not more than ten (10) feet in width and
7
with no part of its floor higher than three (3) feet above finished
8
ground level, may extend six (6) feet into any minimum required
9
yard.
10
11
B.
Any open or roofed deck, not more than ten (10) feet in width with
12
any part of its floor higher than three (3) feet above finished ground
13
level, may extend three (3) feet into any minimum required yard.
14
15
57. The BZA may approve a special permit to modify the provisions of this
16
Section, but only in accordance with the provisions of Sect. 8-916.
17
18
-
Amend Part 8, Affordable Dwelling Unit Program, Sect. 2-803, Developments
19
Exempt from the Affordable Dwelling Unit Program, by revising Par. 3 to read as
20
follows:
21
22
Notwithstanding the provisions of Sect. 802 above, the requirements of this Part shall
23
not apply to the following:
24
25
3.
Proffered condition amendment, development plan amendment, final development
26
plan amendment, planned district plan, planned district plan amendment and
27
special exception amendment applications filed after July 31, 1990 which deal
28
exclusively with issues of building relocation, ingress/egress, storm water
29
drainage, or other engineering or public facilities issues, or the preservation of
30
historic structures, child care facilities or changes in the size of units, a reduction
31
in the number of units, a change in dwelling unit type which proposes no increase
32
in density over the previously approved density or which request the addition of a
33
special exception or special permit use.
In addition, notwithstanding the definition
34
of “site or portion thereof at one location” set forth in Par. 1 of Sect. 802 above,
35
proffered condition amendment, development plan amendment, final development
36
plan amendment, planned district plan, planned district plan amendment and
37
special exception amendment applications filed after 12:01 AM March 31, 1998,
38
which propose to add land area to a previously exempt development, provided,
39
however, that such additional land area shall be subject to the provisions of this
40
Part.
The land area subject to the original zoning or special exception for which
41
an amendment is sought shall remain in substantial conformance with such
42
approved zoning or special exception.
43
44
45
46
12/7/2004
7
Amend Article 6, Planned Development District Regulations, as follows:
1
2
-
Amend Part 1, PDH Planned Development Housing District, as follows:
3
4
-
Amend Sect. 6-101, Purpose and Intent, to read as follows:
5
6
The PDH District is established to encourage innovative and creative design and
7
to facilitate use of the most advantageous construction techniques in the
8
development of land for residential and other selected secondary uses.
The
9
district regulations are designed to promote high standards in the layout, design
10
and construction of residential development; to insure ample adequate provision
11
and efficient use of open space; to promote tree preservation and protect the
12
environmental features on the site to the greatest extent practical to promote
13
high standards in the layout, design and construction of residential development;
14
to minimize adverse effects on surrounding developments; to promote balanced
15
developments of mixed housing types; to encourage the provision of dwellings
16
within the means of families of low and moderate income; and otherwise to
17
implement the stated purpose and intent of this Ordinance.
18
To these ends, rezoning to and development under this district will be
19
permitted when it is determined it facilitates implementation of the adopted
20
comprehensive plan, and only in accordance with a conceptual/final
21
development or planned district plan prepared and approved in accordance with
22
the provisions of Article 16.
23
24
-
Amend Sect. 6-102, Principal Uses Permitted, by revising the introductory
25
paragraph to read as follows:
26
27
The following principal uses shall be permitted subject to the approval of a final
28
development or planned district plan prepared in accordance with the provisions
29
of Article 16, and subject to the use limitations set forth in Sect. 106 below.
30
31
-
Amend Sect. 6-103, Secondary Uses Permitted, by revising the introductory
32
paragraph to read as follows:
33
34
The following secondary uses shall be permitted only in a PDH District which
35
contains one (1) or more principal uses; only when such uses are presented on an
36
approved final development or planned district plan prepared in accordance with
37
the provisions of Article 16; and subject to the use limitations set forth in Sect.
38
106 below.
39
40
-
Amend Sect. 6-105, Special Exception Uses, by revising Par. 1 to read as
41
follows:
42
43
12/7/2004
8
1.
Subject to the use limitations presented in Sect. 106 below, any use
1
presented in Sect. 103 above as a Group or Category use may be permitted
2
with the approval of a special exception when such use is not specifically
3
designated on an approved final development or planned district plan.
4
5
-
Amend Sect. 6-106, Use Limitations, by revising Paragraphs 3, 4, 5 and 6 to
6
read as follows:
7
8
3.
When a use presented in Sect. 103 above as a Group or Category use is
9
being considered for approval on a final development plan, the standards
10
set forth in Articles 8 or 9 shall be used as a guide.
11
When a use presented in Sect. 103 above as a Group or Category use
12
is being considered for approval as a special exception use, pursuant to
13
Sect. 105 above, the use shall be subject to the provisions of Article 9 and
14
the special permit standards of Article 8, if applicable.
Provided that such
15
use is in substantial conformance with the approved conceptual
16
development plan and any imposed development conditions or proffered
17
conditions and is not specifically precluded by the approved final
18
development plan and any imposed development conditions or proffered
19
conditions and is not specifically precluded by the approved final
20
development plan, no final development plan amendment shall be
21
required.
22
In either of the above, all Category 3 medical care facility uses shall
23
be subject to the review procedures presented in Part 3 of Article 9.
24
All uses permitted pursuant to the approval of a final development or
25
planned district plan shall be in substantial conformance with the approved
26
final development or planned district plan as provided for in Sect. 16-403.
27
28
4.
All uses permitted pursuant to the approval of a final development plan
29
shall be in substantial conformance with the approved final development
30
plan as provided for in Sect. 16-403. When a use presented in Sect. 103
31
above as a Group or Category use is being considered for approval on a
32
final development plan or planned district plan, the standards set forth in
33
Articles 8 or 9 shall be used as a guide; however, when such a use is being
34
considered for approval as a special exception use, pursuant to Sect. 105
35
above, the use shall be subject to the provisions of Article 9 and the special
36
permit standards set forth in Article 8, as applicable.
37
In either of the above, all Category 3 medical care facility uses shall
38
be subject to the review procedures presented in Part 3 of Article 9.
39
40
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9
5.
Secondary uses of a commercial and office nature shall be permitted only
1
in a PDH District which has a minimum of fifty (50) residential dwelling
2
units, except that the Board, in conjunction with the approval of a
3
conceptual development planned district plan in order for further
4
implementation of the adopted comprehensive plan, may modify this
5
limitation for the Group 6 outdoor recreation special permit uses and the
6
Category 5 special exception uses of golf courses, country clubs and golf
7
driving ranges.
8
9
6.
Secondary uses of a commercial nature, except Group 6 outdoor recreation
10
uses, golf courses, country clubs, golf driving ranges and offices, shall be
11
designed to serve primarily the needs of the residents of the planned
12
development in which they are located, and such uses, including offices,
13
shall be designed so as to maintain and protect the residential character of
14
the planned development and adjacent residential neighborhoods as well.
15
In order to accomplish these purposes:
16
17
A.
Commercial and office uses shall be conducted within a completely
18
enclosed building with no outside display except for outdoor seating
19
provided in association with an eating establishment and those uses
20
which by their nature must be conducted outside a building.
21
22
B.
When located within the same building as residential uses,
23
commercial and office uses shall be limited to the lowest two (2)
24
floors.
25
26
C.
The maximum total land area, including all at-grade off-street
27
parking and loading areas in connection therewith, devoted to
28
commercial and office uses, except Group 6 outdoor recreation uses,
29
golf courses, country clubs and golf driving ranges, shall be as
30
follows:
31
32
(1) PDH-1 through PDH-4:
400 square feet of commercial/ per
33
dwelling unit.
34
35
(2) PDH-5 through PDH-20:
300 square feet of commercial/ per
36
dwelling unit.
37
38
(3)
PDH-30 and PDH-40:
200 square feet of commercial/ per
39
dwelling unit.
40
41
12/7/2004
10
However, the Board may allow an increase in the commercial land
1
area if there is a single commercial area proposed to serve two (2) or
2
more contiguous PDH Districts which are planned and designed as a
3
single planned development and which are zoned concurrently.
The
4
Board may approve such an increase with the concurrent approval of
5
a conceptual and final development planned district plan which
6
shows the layout, uses and intensity of the commercial land area.
In
7
such instance, the land area devoted to commercial use may be based
8
on the total number of dwelling units in the PDH Districts, provided,
9
however, that the resultant commercial land area shall not exceed
10
twice that which would have been permitted otherwise for the
11
individual PDH District in which the commercial land area is
12
located.
13
14
In no instance, however, shall office uses occupy more than ten (10)
15
percent of the total gross floor area.
16
17
-
Amend Sect. 6-107, Lot Size Requirements, to read as follows:
18
19
1.
Minimum district size:
Land shall be classified in the PDH District only
20
on a parcel of two (2) acres or larger, unless waived by the Board in
21
conjunction with the approval of a rezoning application, and only when the
22
purpose and intent and all of the standards and requirements of the PDH
23
District can be satisfied.
24
25
2.
Minimum lot area:
No requirement for each use or building, provided that
26
a privacy yard, having a minimum area of 200 square feet, shall be
27
provided on each single family attached dwelling unit lot, unless waived
28
by the Board in conjunction with the approval of a planned district
29
conceptual development plan or planned district plan, or by the Planning
30
Commission in conjunction with the approval of a final development plan.
31
32
3.
Minimum lot width:
No requirement for each use or building.
33
34
-
Amend Sect. 6-108, Bulk Regulations, to read as follows:
35
36
1.
The Maximum building height: , minimum yard requirements and
37
maximum floor area ratio shall be Controlled by the standards set forth in
38
Part 1 of Article 16.
39
40
2.
Minimum yard requirements:
Controlled by the standards set forth in Part
41
1 of Article 16.
In addition, minimum required yards shall be established
42
as set forth below, unless otherwise specified on an approved final
43
development or planned district plan or in any imposed development
44
conditions or proffered conditions:
45
46
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