The following sections contain provisions pertaining to planned development districts.

(Ord. No. 17-O-13, 8-8-2017)

(a)

Transition to new planned development zoning districts. It is the legislative intent of the town council in adopting this chapter to make a constructive transition from zoning provisions existing prior to its adoption to the provisions contained in this chapter, as explained in Article, Introductory Provisions, and in accordance with the following specific provisions.

(1)

Former PD districts reclassified to newer districts. All lands zoned planned development (residential planned community, planned development housing, planned development shopping center, planned development industrial park, planned development commercial, and planned development mixed use) shall be reclassified according to the town's official zoning map accompanying this chapter.

(2)

Residential PD district reclassification. Lands zoned residential planned community and planned development housing districts shall be reclassified to planned development—residential upon adoption of the town's official zoning map accompanying this chapter.

(3)

Nonresidential PD district reclassification. Lands zoned planned development industrial park and planned development shopping center shall be reclassified to planned development—business district upon adoption of the town's official zoning map accompanying this chapter. The reclassification of those lands shall be based on the terms of town council approval (including original or amended proffered conditions and plan(s) of development) for the respective planned development case.

(4)

Uses allowed as proffered. The allowed uses in planned development districts shall be controlled by proffered conditions and uses permitted in the zoning ordinance at the time of adoption of the specific zoning map amendment. In cases where the zoning administrator determines there is a conflict between the proffered conditions and the uses permitted in the zoning ordinance at the time of adoption of the specific zoning map amendment, the proffered conditions shall prevail.

(5)

Additional zoning provisions. All other zoning provisions of this chapter shall apply to the reclassified lands except in instances where the zoning administrator determines there is a conflict between this chapter and the terms of town council approval.

(6)

Alteration. Any alteration to the terms of the ordinance of rezoning that approved a planned development prior to the effective date of this chapter shall cause the alterations, and the planned development where the alterations are located, to be considered as a subject of a zoning map amendment under the provisions of this chapter.

(b)

General intent of planned development district. The planned development (PD) districts are a type of planned unit development district intended to encourage innovative development and redevelopment options. Flexibility of standards enables superior design when planning and site design concepts that conform to community quality of life benchmarks and that achieve high quality development, environmental sensitivity, energy efficiency, and other town goals are used. Flexible standards are intended to allow: more choice in providing access, light, open space, and development amenities; more choice in providing a mix of land uses in the same development, including a mix of housing types, lot sizes, and densities; and more ability in taking advantage of special site characteristics and thereby promoting quality development and environmentally sensitive development.

(c)

Nature of planned development zoning. Planned development zoning may constitute conditional zoning, as authorized by Code of Virginia, § 15.2-2303, involving the proffer of a predetermined plan of development, in return for more flexible development regulations in certain instances. The application, generalized development plan, associated narrative and other statements submitted by the zoning applicant, if accepted by the town council, shall serve as proffered conditions attached to the conditional rezoning. Planned development rezonings generally involve a change to the official zoning map, which change shall be noted on the zoning map. In the case of the planned development transit-oriented core district (PD-TOC), there exists a by-right and special exception element of this zoning classification supplemented by the conditional rezoning elements of the planned district. In the case of the by-right element of the PD-TOC, no further legislative approval is necessary to so utilize this district.

(d)

Procedures for establishing planned development zoning districts. Procedures to establish a planned development zoning district classification on the official zoning map shall comply with the provisions of Article XV, Decision-making authorities, application review and permitting.

(e)

Relation of planned development zoning district regulations to general zoning, subdivision or other regulations. The provisions that follow shall apply as may be necessary generally to the initiation, regulation and amendment of the following planned development districts: planned development-business; planned development-commercial; planned development-downtown; planned development-residential; and planned development transit-oriented core if necessary. Where there may be conflicts between the planned development provisions and general zoning, subdivision or other regulations, or requirements, the regulations of this division shall apply in planned development districts unless the town council shall find, in the particular case, that provisions of this section do not serve public purposes to a degree at least equivalent to such general zoning, subdivision, or other regulations or requirements.

(Ord. No. 17-O-13, 8-8-2017)

(a)

General. Planned development districts shall comply with the general standards in section 78-50.1, general provisions, section 78-50.2 additional development standards for planned development districts, development standards in Article V, development standards, and all other applicable standards in this chapter and other chapters of this Code. By-right, special exception and development plan based planned development transit-oriented core projects must meet the standards set out in Article V of this chapter.

(b)

Review board approval for PD development. Development located within a planned development district and outside of the historic district overlay, other than single-family detached units, shall be subject to the approval of the architectural review board. Development within a planned development district in the historic district overlay shall be subject to the approval of the historic district review board.

(c)

Development objectives. It is the intent of the town council in approving a planned development district that the resulting development meets the following objectives:

(1)

Compact design. The proposed development is clustered and compact, interrelated and linked by pedestrian ways, bikeways (where appropriate), and other transportation systems;

(2)

Efficient transportation. The proposed development promotes and expands opportunities for public transportation and an efficient compact network of streets;

(3)

Scenic and natural resources. The proposed development preserves and protects scenic assets and natural features such as trees, streams and topographic features;

(4)

Design. The proposed development exhibits harmonious design, incorporating a variety of building types and variations in buildings styles;

(5)

Compatible character. The proposed development is compatible with the character of surrounding land uses; and

(6)

Enhance value. The proposed development is designed to maintain and enhance the value of surrounding properties.

(d)

Modification of requirements. In adopting a planned development classification, the town council may modify the requirements of this chapter, the subdivision chapter (chapter 70 of the Herndon Town Code), and ancillary ordinances of the town where the town council finds that such modifications would afford equal or greater assurance of meeting the goals of the zoning chapter, as set out in the preamble, and the goals of the statement of intent of the relevant division. In considering any such modification, the planning commission and town council shall be guided by the following standards:

(1)

Public purpose met. The public purposes of planned development or general regulations would be met to at least an equivalent degree by the modifications;

(2)

Consistent with law. The proposed modification is consistent with general law of this Commonwealth;

(3)

Consistent with good zoning practices. The proposed modification is consistent with good zoning practices and would result in a better development; and

(4)

Unified development control. The town council and planning commission should consider whether or not the planned development initially involves development of land under unified control, planned and developed as a whole in a single operation or in planned phases. Planned developments shall be developed according to detailed plans for streets, utilities, lot layout, building sites, site plans, floor plans and the like. Buildings in a planned development are intended to relate functionally to one another and be used, operated and maintained under a common program.

(e)

Modification of off-street parking requirements. Off-street parking and loading shall comply with the standards of Article X, Parking, Loading and Circulation, except that modifications from these standards may be permitted if a comprehensive parking and loading plan for the planned development is submitted that is determined to meet the following standards:

(1)

Sufficiency. The proposed parking and loading plan is suitable for the uses of the planned development in accordance with recognized planning and engineering standards; and

(2)

Consistent with intent. The proposed parking and loading plan is generally consistent with the intent and purpose of the off-street parking and loading standards of Article X, Parking, Loading and Circulation.

(f)

Temporary uses and structures. Temporary uses or structures in PD zoning districts shall be permitted and governed per Article IX, Temporary Uses and Structures.

(g)

Development standards. Development in PD zoning district shall be subject to all applicable standards of Article XI, Development Standards and specific standards as follows:

(h)

Landscaping, buffering and screening. Development in PD zoning districts shall conform to the landscaping, buffer and screening standards in Article XI Development Standards, Perimeter Buffer Strip Landscapint Requirements in section 78-110.4 and Table 78-110.4(e)(3b.

(i)

Exterior lighting. Development in PD districts shall conform to the exterior lighting standards in section 78-130.9

(j)

Fences and walls. Development in PD districts shall conform to the exterior lighting standards in section 78-115.2.

(k)

Noise, vibration, etc. Development in PD districts shall conform to the applicable performance standards of Article X III, Performance Standards.

(l)

Parking and circulation. Development in PD districts shall be subject to all applicable standards of Article X, Parking, Loading, and Circulation.

(m)

Signs. Signs in PD districts shall be subject to the provisions of Article XIV.

(n)

Nonconformities. Nonconforming uses and structures in PD districts shall be subject to the provisions of Article XVI.

(o)

Application requirements and application review process. Applications for development in PD districts shall be subject to Article XV.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 20-O-61, § 1, 11-17-2020)

(a)

Downtown. The following downtown requirements shall apply in sectors 1, 2, 3, and a small part of sector 6 consisting of five townhouses on Center Street comprising part of Fortnightly Square (the Downtown) of the Herndon Downtown Overlay (Map C Downtown Sectors Map and Downtown Master Plan, adopted February 22, 2011) as described in the "Herndon 2030 Comprehensive Plan" (August 12, 2008), as may be amended, for any development in any such zoning district. Where there is conflict between this section and other provisions of this chapter, the provisions of this section shall prevail.

(1)

Downtown streetscape. All sites shall be developed in accord with the "Downtown Streetscape" provisions of the Herndon Guidelines for the Planning and Design of Town Streetscape Projects (dated November 25, 2008, as may be amended, located in the Herndon Department of Community Development) as referenced in section 1-16, Herndon Town Code (2000) as amended. Downtown streetscape improvements that are made by an applicant as part of an approved development application may be counted toward the open space requirement for the lot.

(2)

Height. Building facades shall not be less than 20 feet in height as measured from the finished grade of the abutting public sidewalk to the top of the parapet on flat-roofed buildings or to the eave of pitched roof buildings. See Article IV, Business Districts, for additional height provisions.

(3)

Setback. The following setback standards shall apply in the Downtown:

a.

Setback shall be sufficient to provide for a sidewalk or other streetscape improvements of a minimum of 12 feet in width.

b.

The 12-foot sidewalk or other streetscape improvements shall be provided and shall be located within the public right-of-way or on private property with a public street easement or within a combination of both.

c.

Landscaping and lighting structures are permitted in the setback area, if it is determined by the zoning administrator they are safe, do not impede pedestrian access and convenience, and are consistent with the Herndon Downtown Pattern Book adopted January 29, 2013, as amended, incorporated by reference. Off-street parking and loading areas are prohibited in the setback area.

d.

When a nonresidential streetscape abuts a residential streetscape or a sidewalk outside of the downtown, a smooth transition shall be provided between the two different types of sidewalks.

e.

Buildings shall abut the public sidewalk or other streetscape improvements, or a pedestrian plaza or landscaped area open to the public, located between the sidewalk and the building.

f.

Drive-aisles shall not be permitted between the sidewalk and the building.

g.

Parking is not permitted within ten feet of any street right-of-way, (including sidewalks), unless it is located directly behind the rear facade of the primary building. When parking is not located behind the rear facade of the building, the parking shall be screened from the adjacent street by a four-foot high solid, wall and by landscaping.

(4)

Pedestrian travel. The primary mode of transportation in the downtown is intended to be pedestrian travel. To facilitate safe and convenient pedestrian traffic within the downtown, pedestrian ways, alleys, convenience areas and rest areas shall be provided as needed, to provide connecting pedestrian ways. Not more than ten percent of the lot area may be required for this purpose.

(5)

Solid waste receptacles. Solid waste receptacles shall be provided in accordance with the provisions of section 78-114.2(c) standards for refuse collection and solid waste receptacles.

(6)

Transitional sites. Where a side or rear yard of a commercial use abuts residential zoned property, a six-foot high masonry wall shall be provided to act as an effective barrier between the commercial and residential district.

(b)

Landmark business option (PD-B only). As an option, the landmark business provisions shall apply to any development within 1,500 feet of the northern boundary of the Dulles Toll Road or the western boundary of the Fairfax County Parkway when the development is located within the planned development business district. These provisions are established to allow development that provides a regional presence and convenient access on major thoroughfares as long as associated impact is mitigated as noted. The following standards shall apply to landmark business developments:

(1)

Increase in height and floor area. An increase in height over the height and floor area ratio allowed in Table 78-302.2 Table of Dimensional Standards in the business zoning districts, may be permitted by a special exception in accordance with section 78-202.3, special exception, provided that:

a.

The resulting floor area ratio on the site does not exceed 1.0;

b.

The height of the building does not exceed 100 feet;

c.

The setback of the building is at least equivalent to the height of the building as provided in section 78-50.4(g) standards in the PD-B district;

d.

A minimum of 50 percent of the site that is the subject of the special exception is open space;

e.

Floodplain areas on the subject property may be dedicated to the town and count toward the required open space and green space if meeting applicable standards;

f.

No part of the structure or building on the site is located less than 500 feet from residential development or undeveloped land within a residential zoning district;

g.

No part of a building on the site is located more than 1,500 feet from the northern boundary of the Dulles Toll Road or from the western boundary of the Fairfax County Parkway;

h.

Transportation demand management techniques are used to reduce the traffic impact of the increase in building floor area; and

i.

At least 50 percent of the parking spaces for the structure or building are located inside a structure or building.

(c)

Unified commercial subdivision. Unified commercial subdivisions, as provided for in section 78-40(d), unified commercial subdivision, may be approved in any planned development district.

(Ord. No. 17-O-13, 8-8-2017)

(a)

Purpose and intent. The intent of the PD-R district is to provide for a mix of residential uses and dwelling unit types using innovative and creative design elements, while at the same time providing an efficient use of open space and environmental consideration. Community uses may be considered within the PD-R district to serve the needs of the residents of the PD-R development.

(b)

Locations permitted. A PD-R district may only be established by rezoning of lands that are zoned PDH or RPC as of the adoption date of this chapter, or designated adaptive area, or community facilities on the comprehensive plan land use map.

(c)

Principal uses. Table 78-50.4(c)(4), lists uses permitted and allowed in the PD-R district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the PD-R district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVII. Other uses not listed on the following table are not allowed in the PD-R district unless determined by the Zoning Administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-71.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in PD-R district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VII Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in PD-R district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VII Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that a use type is an allowed use in the respective planned development district, subject to approval as a zoning map amendment for a planned development district. (See section 78-155.1.)

(4)

Table of principal permitted and allowed uses in the PD-R district.

(d)

Accessory uses and structures. Table 78-50.4(d)(4) lists uses permitted and allowed in the PD-R district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the PD-R district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article VIII. Other accessory uses not listed on the following table are not allowed in the PD-R district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that an accessory use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in PD-R district, if any. Permitted accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that an accessory use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column of the table of permitted and allowed accessory uses in PD-R district, if any. Allowed accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article XIII, Accessory Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that an accessory use type is an allowed use in the respective planned development district, subject to approval as a zoning map amendment. (See section 78-155.1.)

(4)

Table of permitted and allowed accessory uses in the PD-R district.

(5)

Accessory structures in the PD-R district. Accessory structures within the PD-R district shall conform to the standards of Article VIII.

(e)

Prohibited and restricted uses. Additional use limitations apply to certain uses in the PD-R district as follows:

(1)

Vehicular sales. The commercial display and sale of vehicles is generally prohibited but the sale of individually owned vehicles may be permitted pursuant to section 78-80.4(p).

(2)

Restrictions on commercial uses in PD-R. All commercial uses allowed as part of a PD-R shall be secondary uses designed to serve only the needs of the residents of the PD-R development, and shall be located and developed to maintain and protect the residential character of the PD-R development and surrounding uses. To accomplish these purposes, commercial uses shall conform to these standards:

a.

Commercial uses in the PD-R district shall occur only in pedestrian-oriented development. Examples of pedestrian-oriented design include:

1.

Business facades are of a design and scale appealing to pedestrian passers-by and the visual impact of the facades is aimed at visitors who are not in passing motor vehicles.

2.

Standards listed in section 78-100.10(c)(2), pedestrian movement, are incorporated in the design of the commercial uses and their interface with surrounding uses.

3.

Developed recreation space, open space, schools, residences and other uses are connected to commercial uses by an integrated pedestrian way system that minimizes the number of street crossings or that gives more dominance to pedestrians than to motor vehicles at the street crossings.

b.

When located within the same building as residential uses, commercial and office uses are limited to the lowest two floors.

c.

All commercial uses are conducted entirely within an enclosed building, with no outside display of merchandise (with the exception of growing plants).

d.

The maximum total land area, including all at-grade off-street parking and loading areas in connection therewith, devoted to commercial and office uses, is 400 square feet per dwelling unit in the planned development. The town council may allow an increase in the commercial land area with a generalized development plan that shows the layout, uses and intensity of the commercial land area. In such instances, the land area devoted to commercial use does not exceed 600 square feet per dwelling unit in the planned development.

(f)

Dimensional standards. The PD-R district shall be subject to the following dimensional standards:

(1)

Minimum area. A PD-R district may only be applied to lands that comprise a minimum of three contiguous acres.

(2)

Density. The maximum gross density of the PD-R district shall be five dwellings per acre. The town council may, as part of the review of the PD-R district, increase the density of the residential dwelling units by up to 50 percent, if the PD-R development includes two or more of the following:

(1)

Additional open space. Additional open space (common or dedicated) above that required by section 78-50.4(g), open space and community/recreation uses, in proportion to the requested increase in dwelling unit density.

(2)

Additional recreation space. Additional common recreation space (developed) above that required by section 78-113.3, privately provided recreation areas, in proportion to the requested increase in dwelling unit density.

(3)

Unique design and amenities. The provision of unique design features and amenities in the PD-R district that require unusually high development costs and which achieve an especially attractive and stable development, such as, but not limited to, terraces, sculpture, reflecting pools and fountains.

(4)

Parking facilities. The provision of structured or underground parking facilities to better enable the provision of open space, recreation areas, design features, or preservation of historic features.

(5)

Historic or natural features. Preservation and restoration of buildings, structures, premises or natural features having historic or architectural significance.

(6)

Floodplain dedication. Floodplain areas on the subject property may be dedicated to the town and count toward the required open space and green space if meeting applicable standards.

(7)

Maximum building height. The height of structures in the PD-R district shall not exceed 45 feet.

(g)

Open space and community recreation uses. The development proposed for the PD-R district shall comply with the following standards for open space and recreational space:

(1)

Minimum 25 percent common open space. A minimum of 25 percent of the gross land area shall be set-aside as common open space. Land within individual residential lots shall not be counted when determining common open space.

(2)

Minimum ten percent common recreation area. A minimum of ten percent of the gross land area of the PD-R shall be set-aside as common recreation space. Parking areas, street right-of-way and minimum yard setbacks shall not be counted when determining common recreation space.

(3)

Phasing of open space with development. If the PD-R development is proposed to be developed in phases, the amount of common open space and common recreation space for each phase of the development shall, to the maximum extent feasible, be similar in proportion to the total amount of open space and common recreation space that is to be provided for the entire PD-R development.

(4)

Recreation facilities to be phased with development schedule. All common recreation facilities in the common recreation space shall be constructed and fully improved according to the development schedule established for each phase of the PD-R. To ensure all common recreation space identified for the PD-R is used as common recreation space, restrictions and covenants shall be placed in each deed to ensure their maintenance and to prohibit the partition of any common recreation space.

(5)

Compliance with common area provisions required. The development shall comply with the definition of "common area" described in Article VIII, Definitions.

(6)

Open space and recreation areas indicated on record plat. Record plat files for land located in a PD-R development shall include a statement indicating that the land is a portion of a PD-R development, that subdivision or re-subdivision is not permitted, and that development of the land is permitted only in accordance with the land uses indicated on the record plat.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020)

(a)

Purpose and intent. The intent of the PD-B district is to provide opportunities for retail, offices, high tech, research and development and other light industrial uses. All commercial and industrial planned development districts existing at the time of adoption of this chapter are eligible for rezoning to PD-B. It is intended that lands in any PD-B district be designed and located in a way that is consistent with and complements surrounding uses.

(b)

Locations permitted. A PD-B district may only be established on lands with any commercial or industrial zoning designation except those lands in the downtown overlay of the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended.

(c)

Principal uses. Table 78-50.5(c)(4) lists uses permitted and allowed in the PD-B district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the PD-B district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the PD-B district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in PD-B district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in PD-B district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that a use type is an allowed use in the respective planned development district, subject to approval as part of a zoning map amendment for a planned development district. (See section 78-155.1.)

(4)

Table of principal permitted and allowed uses in the PD-B district.

(d)

Accessory uses and structures. Table 78-50.5(d)(4) lists uses permitted and allowed in the PD-B district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the PD-B district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the PD-B district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that an accessory use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in PD-B district, if any. Permitted accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that an accessory use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column of the table of permitted and allowed accessory uses in PD-B district, if any. Allowed accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that an Accessory Use type is an allowed use in the respective planned development district, subject to approval as part of a zoning map amendment (section 78-155.1).

(4)

Table of permitted and allowed accessory uses in the PD-B district.

(5)

Accessory structures in the PD-B district. Accessory structures within the PD-B district shall conform to Article VIII.

(e)

Prohibited and restricted uses. The commercial display and sale of vehicles is generally prohibited in the PD-B district but the sale of individually owned vehicles may be permitted pursuant to section 78-80.4(p).

(f)

Dimensional standards. The PD-B district shall be subject to the following dimensional standards:

(1)

Minimum area. PD-B district may only be applied to lands that comprise a minimum of two acres.

(2)

Density and height. Lots in the PD-B district shall have a maximum floor area ratio of 0.4. The height of structures in the PD-B district shall not exceed 45 feet. The town council may, as part of the review of the PD-B district, permit an increase the height of structures by up to 50 percent, and the floor area ratio by up to 100 percent, if the PD-B development includes all of the following:

a.

Additional open space (common or dedicated) above that required by section 78-50.5(g), open space and community/recreation uses, in proportion to the requested increase in dwelling unit density.

b.

Special attention to enhancing both the site perimeter buffer and landscape features on the interior of the site.

c.

The provision of unique features and amenities such as, but not limited to, terraces, sculpture, reflecting pools and fountains.

d.

The provision of structured or underground parking facilities to better enable the provision of open space, efficient transportation, and design features.

e.

Provision of transportation demand management techniques such as commitments for on-site employees to van pool, subsidies for employees to use public transit, options for telecommuting and flexible work hours that avoid peak traffic periods.

f.

Exceptional exterior building design that includes pedestrian-friendly features; attention to architectural details such as molding, pitched roofs or decorative window and door treatments; varied color, design and texture of siding; and high-quality materials to be used on all facades of the building.

g.

Floodplain areas on the subject property may be dedicated to the town and count toward the required open space and green space if meeting applicable standards.

(3)

Additional building height limitations. The height of structures in the PD-B district shall not exceed 45 feet unless the town council has approved a building height increase in accordance with section 78-50.7(f)(2). The following additional height standards shall apply to all structures even when a height increase has been approved by the town council:

a.

No structure shall exceed 30 feet at the right-of way line, and the height of the structure shall increase no more than one foot of additional height for each foot of horizontal distance from the ROW line, or the height of the structure shall not exceed the distance between the structure and any abutting land that is in a single-family detached zoning district.

b.

The height of buildings located within 100 feet of existing residential development or undeveloped land in a residential zoning district shall not exceed the maximum height permitted for residential structures in the adjacent residential zoning district.

(4)

Lot area. There is no minimum lot area in the PD-B district. The lot area shall be such that development meets standards in Article V, Development Standards, and all other applicable standards in this chapter and other chapters of the Herndon Town Code.

a.

There is no setback requirement in the PD-B district.

b.

No off-street parking or loading area shall be closer than 60 feet from any residential zoning district boundary.

c.

Adjacent to residential uses, the width of the side and rear year shall be equivalent to the height of the building, as measured from its highest point.

d.

Adjacent to nonresidential uses, the width of the side and rear yard shall be equivalent to the buffer and screening requirements specified in Article XI, Development Standards.

(g)

Open space and community recreation uses. Development within the PD-B district shall comply with the following standards for open space and recreational space:

(1)

Minimum 20 percent open space. A minimum of 20 percent of the gross land area of the PD-B district shall be set-aside as open space.

(2)

Open space as streetscape. Up to 25 percent of the required open space may occur within the street right-of-way when developed with streetscape design shown on the generalized development plan and including:

a.

A minimum streetscape width of 25 feet, measured from the back of the curb, including public and private property.

b.

Sidewalk and trail improvements as indicated in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended;

c.

Landscaping features designed in coordination with the required sidewalk or trail improvement and including street trees, planting beds, walls and shrubbery to screen parking areas;

d.

Bus stop shelter if the location is deemed appropriate by the zoning administrator in consultation with local bus service providers; and:

e.

Placement of all overhead utility wires underground.

(3)

Landscaping required. Any part of the project area not used for buildings or other structures, parking, loading or access ways shall be landscaped with grass, trees and/or shrubs. Landscaping shall be used to break up and screen interior elements of the planned development and create a more pleasing environment.

(h)

Site planning and design (external relationships). Site planning within the PD-B district shall provide for protection of individual lots from adverse surrounding influences, and for protection of surrounding areas from adverse influences existing within the PD-B district. In particular:

(1)

Vehicular access points. 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, right-hand turn lanes, and raised medians shall be required where existing or anticipated heavy flows indicate need. In general, local streets and minor collector streets (as described in the 2015 Transportation Plan, adopted April 8, 1997, as amended) shall not be connected to the PD-B district in such a way as to encourage the use of such local or minor collector streets by substantial amounts of through traffic.

(2)

Screening. Yards, fences, walls and/or vegetative screening shall be provided where needed to protect residential districts or public streets from undesirable views, lighting, noise or other off-site influences. In particular, outdoor storage, extensive off-street parking areas and service areas for loading and unloading vehicles and for storage and collection of refuse and garbage shall be effectively screened.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 20-O-01, § 1, 1-14-2020; Ord. No. 25-O-04, § 1, 4-8-2025)

(a)

Purpose and intent. The intent of the PD-D district is to encourage revitalization and creative design for residential and commercial lands located in the Downtown Overlay of the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended, and to provide flexibility in land planning for residential and commercial development located in the downtown area.

(1)

Objectives. Objectives of the PD-D district include:

a.

Promoting harmony in the development of land uses, public spaces and amenities;

b.

Facilitating mixed use developments and joint development efforts by providing flexibility in determining floor area ratios, height, parking, setbacks and other traditional zoning requirements;

c.

Encouraging retention and rehabilitation of historical and architecturally significant buildings and structures;

d.

Promoting a distinctive urban design for the downtown area; and

e.

Adhering to the standards and guidelines of the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended, and the Herndon Historic District Overlay Guidelines, as amended.

(2)

Additional considerations to ensure purpose and intent are met. Decisions on PD-D zoning map amendments shall involve consideration of the existence or provision of an adequate road network and parking facilities, provision of public facilities and amenities, the use or mix of uses offered in proposed development plans, the merit of proposed site design in achieving the goals of the comprehensive plan and the Historic District Overlay Guidelines, and the contribution of the proposed development to revitalization of the downtown. The flexibility of PD-D district regulations does not mean that an applicant is entitled to such a rezoning by meeting the minimum requirements of this division or that proposals approaching the maximum permitted density are entitled to a PD-D zoning map amendment.

(b)

Locations permitted. A PD-D district may only be established by rezoning of lands in the Downtown Overlay in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended. For the area that comprises the downtown as described in section 78-50.3(a) this zoning district is only available for zoning map amendment applications received on or before January 8, 2013.

(c)

Principal uses. Table 78-50.6(c)(4) lists uses permitted and allowed in the PD-D district as principal uses. Single-family detached dwelling units shall be allowed in sectors 3 and 4 of the Downtown Overlay in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the PD-D district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the PD-D district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in PD-D district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in PD-D district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that a use type is an allowed use in the respective planned development district, subject to approval as a planned development district through a zoning map amendment (section 78-155.1).

(4)

Table of principal permitted and allowed uses in the PD-D district.

(d)

Accessory uses and structures. Table 78-50.6(d)(4) lists uses permitted and allowed in the PD-D district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the PD-D district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the PD-D district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-701(f).

(1)

"P" permitted uses. A "P" in a cell indicates that an accessory use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in PD-D district, if any. Permitted accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that an accessory use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column of the table of permitted and allowed accessory uses in PD-D district, if any. Allowed accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that an accessory use type is an allowed use in the respective planned development district, subject to approval as a zoning map amendment (section 78-155.1).

(4)

Table of permitted and allowed accessory uses in the PD-D district.

(5)

Accessory structures in the PD-D district. Accessory structures within the PD-D district shall conform to the standards in Article VIII.

(e)

Prohibited and restricted uses. The commercial display and sale of vehicles is generally prohibited in the PD-D district but the sale of individually owned vehicles may be permitted pursuant to section 78-100.9(b) and section 26-307 of the Herndon Town Code.

(f)

Dimensional standards. The PD-D district shall be subject to the following dimensional standards:

(1)

Minimum area. There is no minimum area standard for a PD-D district.

(2)

Increases in intensity. The floor area ratio of development shall not exceed 0.5 in the Downtown Overlay in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended, except as allowed in section 78-50.6(f)(2), increases in intensity. The town council may, as part of the review of the PD-D district, increase the floor area ratio (i) up to 2.50 in sectors 1, 2 and 6 or (ii) up to 0.7 in sectors 3 and 4 of the Downtown Overlay, if the PD-D development meets three or more of the following criteria.

a.

On-site, a pedestrian-oriented frontage in the form of a landscaped plaza, landscaped courtyard, landscaped entrance court, sculpture garden, window display area that serves as an art gallery or other like display space (excluding the display of merchandise for sale) or other civic-like space accessible to pedestrians;

b.

On-site or off-site, the provision of unique features such as, but not limited to, terraces, sculpture, reflecting pools, fountains or preservation of historic features in the Herndon Downtown;

c.

Pedestrian-friendly walkways and alleys on-site linking parking areas to the downtown sidewalk system;

d.

Building façade design that excels at meeting the objectives and guidelines contained in the Historic District Overlay Guidelines, subject to preliminary review by the historic district review board as provided in section 78-155.1(i)(a).

e.

Refuse facilities that are completely enclosed within the principal building;

f.

Enclosed loading and unloading areas;

g.

Provision of parking demand management techniques for employees such as commitments for on-site employees to van pool, subsidies for employees to use public transit, options for telecommuting and flexible work hours, or other arrangements that help avoid peak parking periods.

h.

Floodplain areas on the subject property may be dedicated to the town and count toward the required open space and green space if meeting applicable standards in Article V, Development Standards.

(3)

Maximum building height. The height of a structure in the PD-D district shall not exceed the strictest limitation set out as follows:

a.

Structures shall not exceed 50 feet in height;

b.

At the right-of-way line, no structure shall exceed 30 feet in height, and the height of the structure shall increase no more than one foot of additional height for each foot of horizontal distance from the ROW line;

c.

The height of the structure shall not exceed the distance between the structure and any abutting land that is in a single-family detached zoning district.

d.

In accord with section 78-50.3(a), downtown, building facades shall not be less than 20 feet in height as measured from the finished grade of the abutting public sidewalk to the top of the parapet on flat-roofed buildings or to the eave of pitched roof buildings.

(4)

Lot area. The lot area shall be such that development meets standards in Article V, Development Standards, and all other applicable standards in this chapter and other chapters of the Herndon Town Code.

(5)

Setbacks and yard requirements in PD-D districts. The setback shall be provided as described in section 78-50.3(a)(3), downtown, setback. In addition, where a PD-D district abuts land in a single-family detached zoning district, the minimum side yard shall be ten feet and the minimum rear yard shall be 20 feet.

(g)

Open space and community recreation uses. Development within the PD-D district shall comply with the following standards for open space and recreational space:

(1)

Minimum 30 percent open space for residential component. For any portion of PD-D property developed for townhouse or multiple-family dwelling use, including structures containing 50 percent or more residential use, the portion of land set aside for that use shall contain a minimum of 30 percent open space.

(2)

Minimum 15 percent open space for nonresidential component. For any portion of PD-D property developed for nonresidential uses, including structures containing less than 50 percent residential use, the portion of land set aside for that use shall contain a minimum of 15 percent open space.

(3)

Off site in lieu of on-site open space. The town council may allow, at the request of the property owner, off-site open space enhancement in excess of the downtown streetscape improvements as required in accordance with section 78-50.3(a), Downtown, to be provided in place of the on-site open space. In making this determination, the town council shall consider the size of the parcel to be developed, the physical feasibility of providing open space, other open space elements in the vicinity, and the accessibility of the open space. Preservation of historic features that are off-site and within the Herndon Downtown may also be considered.

(4)

Open space features. On-site or off-site, open space may include the provision of unique features such as, but not limited to, terraces, sculpture, reflecting pools, fountains.

(h)

Site planning and building design in PD-D. Sites and buildings within the PD-D district shall meet the following standards:

(1)

Downtown design standards. Sites shall meet the standards of section 78-50.3(a), downtown.

(2)

Arrangement of buildings and open space. Buildings and open space in the PD-D district shall be arranged to serve the needs of coordinated downtown development.

(3)

Design of commercial uses. Commercial uses and structures shall be oriented toward the street. Service areas such as loading areas, refuse containers, and utility structures shall be screened and buffered to mitigate the adverse effects of noise, odor, and unsightliness from adjacent residential zoning districts.

(4)

Nonresidential buildings adjacent to residential uses. Buildings otherwise proposed as nonresidential and located on sites abutting land that is in a single-family detached zoning district are encouraged to provide residential uses in the upper floors to help create a harmonious transition between the single-family detached zoning district and the proposed PD-D district.

(5)

Waste receptacles. Solid waste receptacles shall be provided in accordance with the provisions of the zoning ordinance, Herndon Town Code section 78-114.2(c).

(6)

HDRB review required for increased FAR. Site and building design shall comply with guidelines in the Historic District Overlay Guidelines as determined by the HDRB prior to the planning commission public hearing when the increased floor area ratio is considered.

(7)

Buildings and sites to comply with comprehensive plan. Site and building design shall comply with the redevelopment criteria and other applicable guidelines as stated in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as amended.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020; Ord. No. 20-O-61, § 1, 11-17-2020)

(a)

Purpose and intent. The intent of the PD-TD district is to encourage harmonious and creative new development, adaptive use and revitalization using a traditional downtown form. Development is to be integrated with public streetscapes, spaces and facilities based on the relationship of the form including the height and massing of proposed development to the forms in the illustrated Downtown Master Plan. Comprehensive Plan Amendment #10-01, Downtown Master Plan, adopted February 22, 2011, as amended incorporated by reference shall apply as a general guide to the review of any such development. This area for which this zone may be used corresponds to the downtown as described in section 78-50.3(a).

(1)

Compliance with downtown master plan. This mixed district is flexible as to the type of land use on a parcel and the exact physical layout of a development; however, proposals must follow the general form of the Downtown Master Plan and the guidelines of the Downtown Pattern Book dated January 29, 2013 by Urban Design Associates, as amended, incorporated by reference. The zoning administrator may make minor and incidental changes or corrections conforming the Downtown Pattern Book to insure full consistency of the Downtown Pattern Book with this chapter. Page 11 of the Downtown Pattern Book is hereby changed to show structures Number 8 in the C-3 preservation priority category.

(2)

Additional objectives. Other objectives of the PD-TD district are to facilitate mixed use developments and joint development efforts by providing flexibility in determining floor area ratios, height, parking, setbacks and other traditional zoning requirements; to encourage adaptive use of historical and architecturally significant buildings and structures as designated in the historic analysis summary of the Downtown Pattern Book; and to promote a distinctive urban design for the downtown area.

(3)

Additional considerations to ensure purpose and intent are met. Decisions on PD-TD zoning map amendments shall involve consideration of whether the proposal is fully consistent with the Downtown Master Plan and Downtown Pattern Book and the extent to which provisions are made for adequate public facilities to include enhanced streetscapes, crosswalks, plazas, streets, parking and placement of overhead utilities under the ground.

(b)

Locations permitted. A PD-TD district may only be established by rezoning of lands in the downtown, as described in section 78-50.3(a).

(c)

Principal uses. Table 78-50.7(c)(4) lists uses permitted and allowed in the PD-TD district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the PD-TD district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the PD-D district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78.70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in PD-TD district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in PD-TD district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that a use type is an allowed use in the respective planned development district, subject to approval as a planned development district Article V.

(4)

Table of principal permitted and allowed uses in the PD-TD district.

(d)

Accessory uses and structures. Table 78-50.7(d)(4) lists uses permitted and allowed in the PD-TD district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the PD-TD district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the PD-TD district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78.70.1(i).

(1)

"P" permitted uses. A "P" in a cell indicates that an accessory use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in PD-TD district, if any. Permitted accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article XVIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that an accessory use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column of the table of permitted and allowed accessory uses in PD-TD district, if any. Allowed accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that an Accessory Use type is an allowed use in the respective planned development district, subject to approval as a zoning map amendment (section 78-155.1).

(4)

Table of permitted and allowed accessory uses in the PD-TD district.

(5)

Accessory structures in the PD-TD district. Accessory structures within the PD-TD district shall conform to the standards of Article XIII.

(e)

Prohibited and restricted uses. The commercial display and sale of vehicles is generally prohibited in the PD-TD district but the sale of individually owned vehicles may be permitted pursuant to section 78-80.4(p).

(f)

Dimensional standards. The PD-TD district shall be subject to the following dimensional standards:

(1)

Minimum area. There is no minimum area standard for a PD-TD district.

(2)

Density. The floor area ratio of development is not prescribed, although the form of development will be as generally depicted on the Downtown Master Plan, which includes commercial structures up to three stories in height and residential structures up to four stories in height, with buildings generally placed at or near the edge of the streetscape and parking located in surface lots or in parking structures. Density that may be achieved will depend on the parking solution for a given lot, the amount of public street frontage, the public streetscape to be provided, and other physical factors.

(3)

Building height. The height of a structure in the PD-TD district shall meet the following standards:

a.

The height of a structure shall generally follow the form of the Downtown Master Plan element of the 2030 Comprehensive Plan, as amended, incorporated by reference, and shall not exceed 50 feet from the finished grade except for architectural features such as parapet walls, elevator structures, heating, ventilation and air conditioning equipment and associated screening. These latter, excepted structures shall not exceed 64 feet in height from the finished grade. Further, these excepted structures shall not exceed 14 feet in additional height from the top of the highest story of the building at the main roof deck level or at the point on a sloped roof that is at the top of the highest floor of the building. No portion of a gable end peak, parapet wall or other structure shall exceed 64 feet from finished grade. Along a sloped street the finished grade shall be the average grade along the street frontage. Finished grade shall be determined per the definition of grade in Article XVIII, Definitions, of this chapter. These features are further described in section 78-80.3.

b.

In accord with section 78-50.60(h), downtown, building facades shall not be less than 20 feet in height as measured from the finished grade of the abutting public sidewalk to the top of the parapet on flat-roofed buildings or to the eave of pitched roof buildings. Single-family detached structures including accessory uses in the Downtown Master Plan area are exempt from this requirement.

(4)

Lot area. The lot area shall be such that development meets standards in Article XI, Development Standards, and all other applicable standards in this chapter.

(5)

Setbacks requirements in PD-TD districts. Limited setbacks to provide for streetscape within the public right-of-way, on private property, or within a combination of both shall be provided as described in section 78-50.3(a), downtown.

(6)

Yard requirements in PD-TD districts. Where a PD-TD district abuts land in a single-family detached zoning district, the yard immediately abutting the R-10 property shall be as follows: minimum 20 feet if it is a rear yard, minimum ten feet if it is a side yard. All other yards of the PD-TD parcel shall be as governed by the Downtown Pattern Book.

(g)

Open space in PD-TD. Open space shall be provided generally as depicted on the Downtown Master Plan element of the 2030 Comprehensive Plan, as amended, with flexibility allowed for physical configuration to vary if proposed plans meet or exceed what is illustrated in the Downtown Master Plan in terms of open space areas. On-site or off-site, open space may include the provision of unique features such as, but not limited to, terraces, sculpture, reflecting pools or fountains. Any off-site open space provided in general accord with the Downtown Master Plan shall be provided within the geographic limits of the Downtown Master Plan area as adopted February 22, 2011 or as may be amended.

(h)

Site planning and building design in PD-TD. Sites and buildings within the PD-TD district shall meet the following standards:

(1)

Downtown design standards. Sites shall meet the standards of section 78-50.3(a), Downtown.

(2)

Arrangement of buildings and open space. Buildings and open space in the PD-TD district shall be arranged to serve the needs of coordinated downtown development.

(3)

Design of commercial uses. Commercial uses and structures shall be oriented toward the street. Service areas such as loading areas, refuse containers, and utility structures shall be screened and buffered to mitigate the adverse effects of noise, odor, and unsightliness from adjacent residential zoning districts.

(4)

Waste receptacles. Solid waste receptacles shall be provided in accordance with the provisions of the zoning ordinance, Herndon Town Code section 78-114(c).

(5)

HDRB review required. Site and building design shall comply with guidelines in the Historic District Overlay Guidelines as determined by the HDRB prior to the planning commission public hearing in accordance with section 78-155.1(h)(2).

(6)

Buildings and sites to comply with comprehensive plan. Site and building design shall comply with the redevelopment criteria and other applicable guidelines as stated in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as amended, incorporated by reference. Site and building shall comply generally with the lot and building guidelines of the Herndon Downtown Pattern Book, incorporated by reference.

(7)

Buildings and sites to comply with downtown pattern book. The Downtown Pattern Book dated January 29, 2013 by Urban Design Associates, as amended, is incorporated by reference, as may be amended by zoning ordinance is adopted and incorporated by reference into this chapter. Site and building design shall comply with guidelines in the Herndon Downtown Pattern Book, including Section B Regulatory Plans, incorporated by reference. The zoning administrator may make minor and incidental changes or corrections conforming the Downtown Pattern Book to insure full consistency of the Downtown Pattern Book with this chapter.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-03, § 1, 2-26-2019; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020; Ord. No. 20-O-61, § 1, 11-17-2020)

The following sections contain provisions pertaining to development within the area designated as the Metrorail Station Urban Development Area, also referred to as the Herndon Transit-Oriented Core, within the town comprehensive plan and accompanying documents referenced therein. Where there may be conflicts between this article and general zoning, subdivision or other regulations, or requirements, the regulations of this article shall apply. The zoning administrator shall determine questions of whether or not other sections of this chapter apply. All future development of properties within the Herndon Transit-Oriented Core shall conform to the standards contained in this article.

(a)

Purpose and intent. The purpose and intent of the Metrorail Station Urban Development Area is to create a distinctive employment center and residential neighborhood characterized by concentrated development that is vibrant, mixed use, transit-oriented and pedestrian friendly. Emerging development is interwoven with and strengthens the town's cultural fabric and sense of identity. The scale of development provides maximum benefit for the fiscal health of the town by supporting long-term economic sustainability. The PD-TOC is established for the Herndon Transit-Oriented Core, as defined in the adopted comprehensive plan, to implement through phased redevelopment the mix of uses, densities and intensities as set forth in the adopted comprehensive plan. The PD-TOC district regulations are designed to provide the necessary flexibility to transform the suburban office park development that currently exist in the Herndon Transit-Oriented Core into a transit-oriented activity center as envisioned by the adopted comprehensive plan, the Herndon Metro Station area study and Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core. The PD-TOC district regulations have been developed to create a 38-acre transit-oriented core comprised of environmentally sustainable development, a vibrant mix of uses, premier architectural, landscape architectural, and urban design, robust pedestrian and bicycle accommodations, and necessary infrastructure improvements.

(b)

Locations permitted. The PD-TOC district is established for development within the area designated as the Metrorail Station Urban Development Area, also referred to as the Herndon Transit-Oriented Core, within the town comprehensive plan and accompanying documents referenced therein.

(c)

Principal uses. Table 78-50.8.D, lists uses and their definitions that shall apply within the PD-TOC district as principal uses. There may be additional regulations in this chapter and the Herndon Town Code that apply to specific principal uses in the PD-TOC district. Uses not listed are not allowed, unless determined by the zoning administrator to be similar to a permitted use subject to the provisions of section 78.70.1.F.

(1)

"P" Permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the Table of Principal Permitted and Allowed Uses in PD-TOC district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VII Use Regulations.

(2)

"S" Special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the Table of Principal Permitted and Allowed Uses in PD-TOC district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII Use Regulations.

(3)

"D" Development plan permitted uses. A "D" in a cell indicates that a use type is an permitted use in the respective planned development district, subject to approval as a development plan. With approval of a development plan, all uses listed in this table with the "D" designation are allowed unless expressly prohibited by the approved development plan. Any changes between uses designated "D" and uses not expressly prohibited in the approved development plan are allowed without an amendment to the approved development plan.

(4)

Table of Permitted Uses in PD-TOC.

(d)

Accessory uses and structures. Table 78-50.8.F lists uses permitted and allowed in the PD-TOC district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the PD-TOC district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Accessory uses not listed are not allowed, unless determined by the zoning administrator to be similar to a permitted use subject to the provisions of Article VIII.

(1)

"P" Permitted uses. A "P" in a cell indicates that an accessory use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the Table of Permitted and Allowed Accessory Uses in PD-TOC district, if any. Permitted accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII Accessory Use Regulations.

(2)

"S" Special exception uses. An "S" in a cell indicates that an accessory use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column of the Table of Permitted and Allowed Accessory Uses in PD-TOC district, if any. Allowed accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article XIII -Accessory Use Regulations.

(3)

"D" Development plan permitted uses. A "D" in a cell indicates that an accessory use type is a permitted use in the respective planned development district, subject to approval as a development plan. With approval of a development plan, all uses listed in this table with the "D" designation are allowed unless expressly prohibited by the approved development plan. Any changes between uses designated "D" and uses not expressly prohibited in the approved development plan are allowed without an amendment to the approved development plan.

(4)

Table of Accessory Uses PD-TOC.

(e)

Accessory use standards. The following uses shall be restricted as follows:

(1)

Outdoor and garage display and storage. Outdoor and garage storage of items displayed for sale or lease is not permitted with the following exceptions:

a.

Display of produce, flowers, handcrafted items and seasonal horticultural products located within the building zone and within stands or other containers.

b.

Storage of ten or fewer passenger vehicles for rent associated with a hotel use is permitted within a garage or other designated area on an approved development plan.

c.

Storage of passenger vehicles and motorcycles associated with a car sharing enterprise is permitted in private parking areas or along private streets as shown on an approved site plan.

d.

Storage of bicycles in association with a bicycle sharing enterprise is permitted on private property.

(2)

Sale of vehicles. The commercial display and sale of vehicles is generally prohibited in the PD-TD district but the sale of individually owned vehicles may be permitted pursuant to section 78-80.4(p).

(3)

Sales of products on town property and along Herndon Promenade. The sale of products on town controlled property, on town rights-of-way and along the Herndon Promenade shall be allowed only as permitted by the town.

(f)

Density. The maximum floor area ratio of development within the PD-TOC district shall be subject to the following standards:

(1)

Maximum density through site plan approval. Properties within the PD-TOC shall be permitted to develop up to a maximum intensity of 0.70 FAR, provided a site plan is reviewed and approved pursuant to section 78-50.8(o)(3), Site plan review, and shall follow the processes set forth in Article XV of this chapter.

(2)

Maximum density through special exception approval. Properties within the PD-TOC, may submit a special exception application for additional density greater than 0.70 FAR, but not to exceed an additional 0.50 FAR. Such applications shall follow the relevant processes set forth in Article II of this chapter. In addition to the general special exception submittal requirements, special exception applications for additional density in the PD-TOC shall be subject to the following:

a.

The applicant shall submit a statement indicating the anticipated duration of the use and structure and whether or not it is anticipated to serve as the first phase of future development or an interim condition that will be removed when future development occurs.

b.

In addition to the standards set forth in section 78-155.3 of this chapter, a special exception for additional density within the PD-TOC may be approved upon a determination by the planning commission and town council, respectively, as to whether and the extent to which the proposed plan and use(s) meet the following standards:

1.

Reflects the intent of the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core.

2.

Allows and encourages future development of the remainder of the site and abutting properties.

3.

Enhances areas within the subject property not to be developed under the proposed special exception.

4.

Incorporates and screens service areas, structured and nonstructured parking areas and mechanical equipment, dumpsters and other utility apparatus and uses.

c.

Any site plan associated with an approved special exception for additional density in the PD-TOC district shall be subject to section 78-50.8(o)(3), site plan review.

(3)

Maximum density through development plan approval. Pursuant to section 78-50.8(o)(1), development plan application procedures, properties within the PD-TOC may develop at intensities up to 4.3 FAR, as more particularly set forth in the adopted comprehensive plan, following approval of a development plan by zoning ordinance by the town council demonstrating conformance with the elements in section 78-50.8(o)(2), standards for development plan applications within the PD-TOC. No parcel within the PD-TOC shall be developed at a density greater than 1.2 FAR without the approval of a development plan by the town council. In connection with an approval of a development plan under section 78-803, the town council may accept proffered conditions offered by an applicant under Code of Virginia, § 15.2-2303, which conditions shall supplement the standards and requirements of this PD-TOC district and be noted on the official zoning map of the town.

(g)

Dimensional standards. The PD-TOC district shall be subject to the following dimensional standards:

(1)

Minimum lot size. There is no minimum lot size within the PD-TOC.

(2)

Building heights. The height of any structure shall not exceed the strictest limitation set out as follows:

a.

The height of any structure within the PD-TOC district shall not exceed 275 feet inclusive of parking levels. Structures permitted to exceed the maximum height limitation within the PD-TOC include parapet walls and nonhabitable space such as but not limited to mechanical equipment and mechanical penthouses, atrium roofs, landscaping, swimming pools, and exterior recreational facilities and associated fencing and antennas. Such structures shall not exceed 35 feet in height. Building height relative to adjacent existing or proposed buildings, public streets and the promenade shall be as governed by the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core.

b.

Within the PD-TOC, height shall be measured from finished grade at the nearest property line abutting a public right-of-way to the top of the highest roof membrane on a flat roof or the top of the highest ridgeline on a sloped or mansard roof.

(3)

By-right development building placement. For by-right development in which the existing building(s) remain, new detached buildings are not permitted.

(4)

Tower separation for buildings over 80 feet. To ensure adequate air, light, and privacy, building tower separation shall be as follows:

a.

A minimum horizontal separation of 65 feet between residential building towers above 80 feet in height.

b.

A minimum horizontal separation of 50 feet between nonresidential building towers above 80 feet in height.

(h)

Setbacks and yards. The following setbacks and yards shall apply to all development within the PD-TOC:

(1)

Setbacks abutting the Dulles Toll Road. The setback from the Dulles Toll Road will be established as part of the redevelopment process for each parcel. Setbacks shall be designed in accordance with the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core and the Herndon Streetscape Guidelines, and in accordance with the following provisions.

a.

Sugarland Run Trail. The Sugarland Run Trail shall be provided where designated in the 2030 Comprehensive Plan and shall consist of:

1.

Two-way cycling accommodation a minimum of five feet wide for one-way traffic and minimum eight feet wide for two-way traffic. If the setback includes a private access drive, on-street sharrow or bike lane markings may be used as the cycling accommodation.

2.

Pedestrian accommodation a minimum of eight feet wide. If the setback includes a private access drive, a sidewalk may be used as the pedestrian accommodation.

3.

Mixed-use trail accommodation 12 feet wide. The cycling and pedestrian accommodations may be combined as a mixed-use trail when vehicle access is limited to emergency services or when there is no motorized vehicle access.

b.

Landscaping and buffers. Landscaping and buffer requirements shall consist of:

1.

Along the southern boundary, a landscape buffer with a mix of evergreen and deciduous trees and shrubs. Adequate plant material should be provided to create a partial visual screen. Adequate space must be provided to ensure the growth and continued health of the plant material and the safety of trail or access users, as determined by the Community Forester. The buffer shall be continuous however its width may be variable and may be partially concentrated in small park open spaces along the setback.

2.

Along the building frontage on parcels redeveloped with emergency access or the Sugarland Run Trail, a landscape buffer with a mix of evergreen and deciduous trees and shrubs. Adequate plant material should be provided to create a partial visual screen. Adequate space must be provided to ensure the growth and continued health of the plant material and the safety of trail or access users, as determined by the Community Forester. The buffer shall be continuous however its width may be variable and may be partially concentrated in small park open spaces along the setback.

3.

Between the sidewalk and the curb on parcels redeveloped with a private access drive, a tree zone with deciduous street trees. Adequate space must be provided to ensure the growth and continued health of the plant material. The tree zone shall be continuous however parking and passenger pick-up and drop-off areas may be provided between trees.

c.

Emergency access surfaces. When access is limited to emergency services, pavement width shall not exceed 12 feet. Any additional access area shall use Grasscrete or a similar product.

(2)

Setbacks abutting the Herndon Parkway, Van Buren Street and Worldgate Connector. The setback shall be sufficient to provide for the applicable streetscape improvements as described in the adopted comprehensive plan, Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core and the Herndon Guidelines for the Planning and Design of Town Streetscapes as appropriate. The required streetscape improvements shall be provided and shall be located within the public right-of-way or on private property with a public street easement or within a combination of both. Buildings shall not be located further than 15 feet from the adjacent edge of the public streetscape. Between the edge of streetscape and the adjacent building the following uses may be permitted: restaurant seating with or without table service; bicycle racks and storage including but not limited to bicycles for bicycle sharing enterprises; streetscape furnishings; awnings; entrance features to include covered and uncovered steps, porticos, planters and landscaping; public art; vendor carts associated with existing on-site uses or under lease agreement with the owner of the property.

(3)

Setbacks abutting the Herndon Station Promenade. The setback shall be sufficient to provide for the applicable improvements as described in the adopted comprehensive plan and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core. The required improvements shall be provided on private property with a dedicated public access easement or within public property or a combination of both. No building shall be located further than 15 feet from the adjacent edge of the promenade. The development shall incorporate provisions found in the town comprehensive plan and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core for the layout and design of the promenade as part of an application for development.

(4)

Setbacks abutting the Dulles Toll Road. Abutting the future location of the Sugarland Run Trail, no structure shall be within 40 feet of the Dulles Toll Road right-of-way. Properties abutting the Dulles Toll Road right-of-way and the future Sugarland Run Trail shall incorporate provisions found in the town comprehensive plan and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core for the Sugarland Run Trail. Where the Sugarland Run Trail does not abut the Dulles Toll Road right-of-way, no structure shall be within 20 feet of the Dulles Toll Road right-of-way.

(5)

Internal yards. Building placement and relationship shall be as described within the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core and as further defined by section 78-50.8(i)(3), tower separation.

(i)

Open space. Within the PD-TOC, there is no minimum open space requirement. All development within the PD-TOC is responsible for contributing to the creation of a high-quality, pedestrian centric development to achieve excellence in the areas of urban design, landscape architecture, architecture, and recreation management which shall be demonstrated and assessed as follows:

(1)

Variety of exterior amenities. Development plans shall incorporate a variety of exterior amenities consisting of a number of features such as courtyards, public and semi-public access drives, pedestrian and bicycle connections, lawns, gardens, and passive and active recreational environments.

(2)

Design of exterior amenities. Exterior amenities shall be designed with the high-quality materials, extensive landscaping as appropriate, creatively designed surfaces and superior functionality designed for the comfort and need of pedestrians to ensure physical and visual relief for the residents, visitors and workforce within the PD-TOC.

(3)

Required and preferred features. Ground level plazas and parks are a required feature within the PD-TOC. Interior civic space, such as space dedicated to museum uses or interior recreation space including that dedicated to public use and operated by the town, is highly encouraged, as is private interior recreation space for the enjoyment of residents and those employed within the PD-TOC. Green rooftops offering a variety of passive and active recreational amenities are encouraged in appropriate settings and circumstances.

(4)

Consideration of amenities and features. The quality, size and number of exterior rooftop, at grade and elevated courtyards, parks, recreation areas, pedestrian plazas, and pedestrian, vehicular and bicycle connections shall be considered in the review of development plans as well as the quality, size, number and accessibility of interior and exterior public and private recreation and civic uses.

(5)

Reviewing authority to determine compliance. For development in the PD-TOC which is being developed per the provisions of section 78-50.8(h), density, and has not been the subject of an approved development plan, the reviewing authority shall determine whether the plan meets the above standards.

(j)

Landscaping, buffers and screening. Landscaping, buffers and screening shall be provided for in the town guidelines for the planning and design of streetscapes, the town comprehensive plan and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core. The following additional standards shall also apply:

(1)

Surface parking requirements for development with site plan but not subject to a development plan. For development of a property under a by-right site plan or site plan following the approval of a special exception for additional density and which has not been the subject of an approved development plan, uncovered surface parking areas shall provide landscaping within the interior of the parking area. Within parking areas each tree shall be afforded a minimum of 120 square feet of root zone. There shall be a minimum of one shade tree per every 12 parking spaces. Any new surface parking lots shall be located in the interior of the site and screened from public streets, private access drives, and the promenade by buildings or other structures.

(2)

Screening of mechanical features. For all development within the PD-TOC subject to a special exception or development plan; mechanical equipment, utility boxes, dumpsters, antennas, tanks, generators, similar apparatus and storage structures shall be located underground, within primary structures or screened within parking garages or on rooftops. For by-right development within the PD-TOC; these features shall be located within enclosures or fully screened using buildings, walls, or fencing. The zoning administrator may permit, upon written request, alternative screening such as evergreen shrubs or artwork wraps for small utility boxes where space limitations or other constraints are demonstrated.

(k)

Stormwater management. Stormwater management within the PD-TOC shall meet all applicable requirements of the town's adopted public facilities manual and the adopted Chesapeake Bay Preservation Overlay District. Additionally within the PD-TOC district, stormwater management strategies for all new development shall to some measure include green infrastructure techniques to manage rainwater and be done so in accordance with the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core. For streets and other at-grade development features, appropriate stormwater management practices include but are not limited to permeable pavers or extended tree pits. For buildings, appropriate stormwater management practices include but are not limited to green roofs or downspout disconnections.

(l)

Nonconformities. With respect to non-conformities, the following provisions shall apply to existing structures within the PD-TOC district:

(1)

Generally. Any structure or use existing within the PD-TOC district upon the enactment of this article may continue in effect pursuant to Article XVII of this chapter.

(2)

Specific non-conformity provisions for uses and structures within the PD-TOC district that were formerly zoned O&LI. Structures or uses within the PD-TOC zoning district as of the date of the adoption of the ordinance from which this article derives (November 26, 2013), shall not be deemed nonconforming structures or uses notwithstanding their possible inconsistency with yard, height, lot coverage, parking, use, or other development regulations contained in this article and shall be subject to the following:

a.

Such structures or uses are conformed to the regulations of this article and such structures or uses existing within the PD-TOC district upon the enactment of Article VIII at time of enactment) may continue and may be repaired, renovated, or enlarged under the standards of either the O&LI district or under the PD-TOC standards, up to the maximum floor area ratio of 0.7 if the O&LI standards are applied, provided that such uses or structures complied with the density provisions set out herein prior to the enactment of this article.

b.

If the repair, renovation, or enlargement occurs under the PD-TOC standards, the provisions of this Article VIII, among others, shall apply.

c.

The owner or applicant may choose which set of standards (the O&LI or the PD-TOC) shall apply to the repair, renovation, or enlargement.

d.

Nothing in these provisions affects the status of any structure or use in the PD-TOC zoning district that is a nonconforming structure or nonconforming use by virtue of a factor other than the adoption of the ordinance from which this article derives.

(m)

Application requirements and application review process.

(1)

Development plan review. The purpose of a development plan is to provide flexibility for property owners to secure approval of a phased development that adheres to the adopted comprehensive plan and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core and section 78-50.8.O.3, Standards for development plan applications within the PD-TOC. For the purposes of this article, and notwithstanding section 78-152.2, Submittal requirements, the following application procedures and submittal requirements shall apply for applications submitted to the town council for properties located within the PD-TOC that propose development in excess of 0.70 FAR, development greater than the density approved through a special exception as described in section 78-50.8.I, Density, or to amend a previously approved PD-TOC development plan. The submission of applications shall comply with the following:

a.

Applications for development plan applications and associated modifications shall include:

1.

A completed application form provided by the town and signed by the owner(s) or owner's agent(s). Applications shall be submitted to the zoning administrator by the land owner or contract purchaser of the land upon which the development is proposed, an authorized agent, or any other person authorized by state law. If the applicant is an agent of the owner or a contract purchaser of the land, a letter signed by the owner consenting to the submittal of the application shall be submitted. If the applicant is not the sole owner of the land, the other owners or an entity representing the owners shall sign and submit a letter indicating their consent for the application and their role in the application.

2.

One copy of an affidavit by the applicant stating whether or not any member of the planning commission or the town council or any member of the immediate household of any member of the planning commission or town council has any interest on the subject property, either individually, by ownership of stock in a corporation or partnership.

3.

Payment of the required fee(s) as prescribed in Table 78-152.2(b)(3)c. of this chapter.

4.

A statement indicating the date and time that a pre-application conference was held with the zoning administrator or designee, as well as a list of participants in the conference. Notwithstanding section 78-152.1(b), at least one neighborhood meeting is required. The purpose of the neighborhood meeting is to educate neighbors about the proposed development and application, receive neighborhood comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible. Neighborhood meetings are opportunities for informal communication between landowners, applicants, and residents who may be affected by development proposals.

5.

A receipt or other documentation indicating that any delinquent taxes owed on lands subject to the application have been paid.

b.

A plan, at a scale of not less than one inch equals 50 feet, showing:

1.

A vicinity map at a scale of not less than one inch equals 2,000 feet.

2.

Existing topography and a statement indicating whether it is air survey or field run, with a maximum contour interval of two feet; except where existing ground is on a slope of less than two percent, then either one foot contours or spot elevations shall be provided where necessary, but not more than 50 feet apart in both directions.

3.

Scale and north arrow, with north, to the extent feasible, oriented to the top of all drawings.

4.

The approximate location and arrangement of all proposed structures and uses, including the proposed build-to lines, the distances of all structures from the development boundaries and streets, the streetscape and landscape treatments to be provided and the maximum and minimum height in feet of all structures and penthouses.

5.

A massing diagram of all proposed structures employing proposed maximum heights and stating minimum heights if a height range is proposed.

6.

The on-site vehicular and pedestrian circulation system, including the location, width, and appearance of all access drives, entrances to parking areas, parking structures and loading areas, dimensions and screening of loading areas, walkways, bicycle paths, and all trails and streetscapes recommended by the adopted comprehensive plan and Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core, and connections with off-site streets and trails that are existing or are recommended by the adopted comprehensive plan, including private access drives.

7.

All proposed open space areas, recreational features and the approximate location of all exterior and interior proposed community and public facilities.

8.

A statement in tabular form setting forth the maximum and minimum gross floor area for all uses and the resulting FAR for the property.

9.

All proposed improvements to the public right(s)-of-way, including dimensions from the existing centerline to the edge of the pavement and to the edge of the right-of-way.

10.

Approximate delineation of any floodplain designated by the Federal Emergency Management Agency, United States Geological Survey.

11.

In accordance with the provisions of section 78-60.4, Chesapeake Bay Preservation Area Overlay district (CBPAOD), the delineation of any resource protection area, and the minimum distance of any existing and proposed structures from the floodplain, or resource protection area.

12.

A delineation of existing vegetation, to include existing vegetation to be preserved.

13.

Approximate location and estimated size of all proposed stormwater management facilities and a statement as to the type of facility proposed.

14.

The location of all existing utility easements having a width of 25 feet or more, and all major underground utility easements regardless of width.

15.

Approximate delineation of any grave, object or structure marking a place of burial if known, and a statement indicating how the proposed development will impact the burial site.

16.

A visual presentation, including plans and sections, of how abutting and adjacent properties shall be protected from any adverse effects prompted by the proposed development, to include vehicular access plans, proposed measures of screening, and dimensions of all peripheral yards that will be provided.

17.

A delineation of all existing structures, and an indication of their date of construction if known, and whether they will be retained or demolished.

18.

A statement in tabular form setting forth the minimum and maximum number of dwelling units proposed by type and indicating the projected range in unit square footage and number of bedrooms and conversion to the corresponding FAR.

19.

A statement in tabular form of the open space calculations by type. A listing of the proposed special amenities within the planned development, including but not limited to interior and exterior recreational space, and the approximate size and purpose of each such facility, along with an analysis explaining the relationship of the planned development to the adopted comprehensive plan.

20.

A statement that the proposed development conforms to the provisions of all applicable ordinances, regulations and adopted standards, or, if any modification is sought by the applicant, such shall be specifically noted with a justification for such modification.

c.

Five copies of a map identifying classification of soil types at a scale of not less than one inch equals 500 feet, based upon information available on the County of Fairfax Soils Identification Maps.

d.

A listing, if known, of all hazardous or toxic substances as set forth in Title 40, Code of Federal Regulations Parts 116.4, 302.4, and 355; all hazardous waste as set forth in Virginia Department of Environmental Quality Hazardous Waste Management Regulations; or petroleum products as defined in Title 40, Code of Federal Regulations Part 280, to be generated, utilized, stored, treated, or disposed of on-site and the size and contents of any existing or proposed storage tanks or containers.

e.

A plan delineating the property and its proximity to the Herndon Metrorail pavilion entrance using one-eighth, one-quarter, one-third and one-half mile distances.

f.

A phasing plan, if applicable, that identifies conceptually each phase and the anticipated order of phasing for the proposed development. Such plan shall at a minimum specify for each phase of the development, the location and the anticipated mix of uses; the conceptual streetscape and landscape treatments to be provided; the amount and location of all parking and loading spaces; and a statement as to how each phase of development will contribute toward the provision of public and private infrastructure, necessary to achieve the objectives set forth in the adopted comprehensive plan, Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core and section 78-50.8(o)(2), standards for development plan applications within the PD-TOC.

g.

A parking plan, identifying the applicable parking rates as set forth in section 100.2(c), parking, and including the number and general location of all off-street parking, loading, and (as applicable) stacking spaces, as well as the general location of all ingress/egress points to all parking facilities. Transportation demand management goals, affecting parking requirements, shall be set forth and justification provided. Where parking is to be provided in phases in accordance with a phased development proposal, the parking plan shall provide the information set forth above for each proposed phase. The council may reduce the minimum off-street parking requirements when it is demonstrated by the applicant and determined by the council that such reduction is in furtherance of the goals of the comprehensive plan and the Herndon Metro Station area study.

h.

A shadow analysis demonstrating how projected shadows from the proposed development will affect adjacent buildings and properties in terms of the loss of received sunlight.

i.

Graphics and/or photo simulations that depict the proposed structures as viewed from adjacent sidewalks, streets, properties and other sensitive viewing areas.

j.

A statement and graphic depiction of the types, minimum sizes and general locations of the urban design amenities to be provided within the PD-TOC district including pedestrian linkages, plazas, courtyards, bicycle trails, outdoor recreation facilities, and public and private parks, interior civic space, and outdoor activity zones, such as outdoor dining areas.

k.

A landscape plan showing the limits of clearing, location and design of all screening measures both interim and long-term, indicating the type and height of such screening, and a delineation of existing vegetation, to include existing vegetation to be preserved, and when there is 2,500 square feet or more of land disturbing activity, an existing vegetation map.

l.

A statement in narrative or tabular form describing exterior architectural materials to be used within the development.

m.

Open space areas, specifying the proposed treatment or improvement of all such areas and delineating those areas proposed for specific types of developed recreational facilities.

n.

Proffer procedures shall be per section 78-155.1(e), conditional amendments to the zoning map.

o.

A traffic impact study per section 78-156.1.

(2)

Standards for development plans within the PD-TOC. For development plan applications within the PD-TOC district, the applicant shall demonstrate that the proposed development furthers the purpose and intent of the PD-TOC district and the vision of the adopted comprehensive plan, documents referenced therein and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core by addressing and achieving at a minimum the following objectives:

a.

Contribute to a tiered intensity of development, with the highest intensities located closest to the Herndon Metro Station pavilion, and the Herndon Station promenade, with a mix of residential, office, retail and hotel uses and public spaces necessary to achieve a vibrant, mixed-use urban environment.

b.

Contribute to a logical networks of open space and urban parks designed as described in the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core and Chapter 6 of the Herndon Metro Station area study to include but not be limited to the Herndon Station promenade, Herndon Parkway streetscape and cycle track, the extension of the Folly Lick Trail as an urban streetscape with multi-modal accommodations, the Metrorail Station urban development area portion of the Sugarland Run Stream Valley Trail pocket parks, common greens, civic plazas and recreational amenities for the district's residents and workforce, which reflect exemplary design in the fields of landscape architecture, urban design and public art.

c.

Voluntarily address impacts to public facilities that result from the proposed development plan application, to include police protection, park and recreation services, public utilities and Fairfax County services to include fire and rescue, libraries, and schools.

d.

Voluntarily contribute a fair share of the necessary infrastructure improvements identified in the Herndon Metro Station area study including but not limited to the creation of the Worldgate Connector, the redesign of the Herndon Parkway, and water and sewer improvements.

e.

Create and provide exemplary pedestrian, bicycle, passenger vehicle and service vehicle access.

f.

Reduce the number of single occupant vehicle trips by implementing various transportation demand management strategies, such as voluntary transit subsidies, carpool and vanpool services, employee shuttles, car sharing programs and bicycle accommodations, limiting the amount of provided parking, encouraging shared parking arrangements among appropriate uses, and permitting the inclusion of managed tandem parking space.

g.

Apply the adopted Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core.

h.

Demonstrate how the development plan application contributes to a cohesive PD-TOC district and will permit development of adjacent parcels or landbays that are not included within the development plan application.

i.

Reduce energy consumption and enhance the physical environment through specified stormwater management and sustainable building techniques.

(3)

Special exception review. Special exceptions to increase the densities to up to 1.20 FAR within the PD-TOC district shall follow the relevant processes set forth in Article XV of this chapter. In addition, special exceptions sought for increased density in the PD-TOC shall include a plan comprised of the following information:

a.

A vicinity map at a scale of not less than one inch equals 2,000 feet.

b.

Existing topography and a statement indicating whether it is air survey or field run, with a maximum contour interval of two feet; except where existing ground is on a slope of less than two percent, then either one foot contours or spot elevations shall be provided where necessary, but not more than 50 feet apart in both directions.

c.

Scale and north arrow, with north, to the extent feasible, oriented to the top of all drawings.

d.

The approximate location and arrangement of all proposed structures and uses, including the proposed build-to lines, the distances of all structures from the development boundaries and streets, the streetscape and landscape treatments to be provided and the maximum and minimum height in feet of all structures and penthouses.

e.

The on-site vehicular and pedestrian circulation system, including the location, width, and appearance of all access drives, entrances to parking areas, parking structures and loading areas, dimensions and screening of loading areas, walkways, bicycle paths, and all trails and streetscapes recommended by the adopted comprehensive plan and Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core, and connections with off-site streets and trails that are existing or are recommended by the adopted comprehensive plan, including private access drives.

f.

All proposed open space areas, recreational features, urban design amenities, and the approximate location of all exterior and interior proposed community and public facilities. A table of open space calculations by type.

g.

A statement in tabular form setting forth the maximum and minimum gross floor area for all uses and the resulting FAR for the property.

h.

All proposed improvements to the public right(s)-of-way, including dimensions from the existing centerline to the edge of the pavement and to the edge of the right-of-way.

i.

Approximate delineation of any floodplain designated by the Federal Emergency Management Agency, United States Geological Survey.

j.

In accordance with the provisions of section 78-60.4, Chesapeake Bay preservation area overlay district (CBPAOD), the delineation of any resource protection area, and the minimum distance of any existing and proposed structures from the floodplain, or resource protection area.

k.

A statement that the proposed development conforms to the provisions of all applicable ordinances, regulations and adopted standards.

l.

A phasing plan, if applicable, that identifies conceptually each phase and the anticipated order of phasing for the proposed development. Such plan shall at a minimum specify for each phase of the development, the location and the anticipated mix of uses; the conceptual streetscape and landscape treatments to be provided; the amount and location of all parking and loading spaces; and a statement as to how each phase of development will contribute toward the provision of public and private infrastructure, necessary to achieve the objectives set forth in the adopted comprehensive plan, Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core and section 78-50.8(o)(2), Standards for development plan applications within the PD-TOC.

m.

A parking plan, identifying the applicable parking rates as set forth in section 100.2.C. Parking, and including the number and general location of all off-street parking, loading, and (as applicable) stacking spaces, as well as the general location of all ingress/egress points to all parking facilities. Transportation demand management goals, affecting parking requirements, shall be set forth and justification provided. Where parking is to be provided in phases in accordance with a phased development proposal, the parking plan shall provide the information set forth above for each proposed phase. The council may reduce the minimum off-street parking requirements when it is demonstrated by the applicant and determined by the council that such reduction is in furtherance of the goals of the comprehensive plan and the Herndon Metro Station area study.

n.

Architectural renderings and/or photo simulations that depict the proposed structures.

o.

A traffic impact study per section 78-156.1.

(4)

Site plan review. Site plans for all developments within the PD-TOC shall follow the relevant processes set forth in Article XV of this chapter in addition to the following specific requirements:

a.

Requirements for properties for which no development plan has been approved under section 78-50.8(i), density:

1.

The applicant shall provide a note on the site plan stating whether or not the development shown on the site plan is anticipated to be the first phase of future development under a future development plan or interim development likely to be removed under a future development plan.

2.

Streetscape elements along public and private streets or access drives shall be provided in accordance with the standards of the adopted comprehensive plan, the Herndon Guidelines for the Planning and Design of Town Streetscapes and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core as appropriate.

3.

Streetscape, trail and promenade easements or dedication shall be provided when the proposed site plan incorporates land designated for such in the adopted comprehensive plan.

4.

Streets and private access drives to and from existing public rights-of-way shall be constructed to provide safe and convenient means of ingress and egress for motor vehicles and pedestrians, with the locations of proposed buildings or structures oriented to accommodate such connections.

5.

The zoning administrator shall provide written determination that the site plan conforms to pertinent sections of the comprehensive plan, Guidelines for the Planning and Design of Town Streetscapes and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core within 45 days of the first submission of the site plan being accepted by the town and prior to the return of the first submission of the site plan to the applicant or applicant's agent. If the zoning administrator finds that the site plan does not conform to the comprehensive plan, Guidelines for the Planning and Design of Town Streetscapes and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core, the zoning administrator shall provide to the applicant an explanation concerning how the plan fails to conform and possible measures for bringing the site plan into conformance with the above referenced documents. The applicant may appeal the decision of the zoning administrator to the circuit court per standard site plan appeal procedures.

6.

Site plans submitted for properties that are the subject of an approved special exception allowing density greater than 0.70 FAR shall include a copy of the approved special exception plan and any approved conditions. Site plans must be in substantial conformity with the approved special exception. For the purposes of this section, substantial conformity shall mean that conformity which leaves a reasonable margin for adjustment due to final engineering and site condition data and conforms to the general nature of the development, the specific uses, and the general layout depicted by the approved special exception including plans and other demonstrative materials. No site plan shall be approved unless the approving authority finds that the plan is in substantial conformity with the approved special exception.

b.

Properties for which a development plan has been approved under section 78-50.8(i), Density shall be subject to the following:

1.

The site plan shall include a copy of the approved development plan and a copy of the signed proffer statement if applicable.

2.

The site plan shall include a copy of the approved phasing plan clearly indicating the phase or phases contained within the current site plan submittal as well as all phases with previous site plan approval at the time of initial submission of the site plan application.

3.

The site plan shall include a statement in tabular form that sets forth the amount of gross floor area, FAR and the number of dwelling units (if applicable) approved for the landbay subject to the development plan and the amount of gross floor area, FAR and the number of dwelling units (if applicable) constructed or approved under a separate site plan as of the date of the submission of the site plan, if applicable.

4.

No site plan shall be approved unless the reviewing authority finds that it is in substantial conformity with the approved development plan.

(5)

Architectural review board application and review. Following approval of any site plan for development in the PD-TOC the architectural review board shall review the proposed development per section 78-150.5 and shall apply the guidelines found in the adopted Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core. Applications for development within the PD-TOC, for review by the architectural review board, shall be augmented by the following:

a.

Plans for all exterior ground level or elevated courtyards, plazas, streetscapes and other open spaces with proposed elements such as but not limited to pavement materials and designs, benches, tables, landscape structures and features, fountains, free-standing and building mounted lights and poles, litter and recycling receptacles.

b.

Colors, cut-sheets, detail drawings, and samples for all ground level or elevated open spaces shall be provided as appropriate to the element being depicted.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 18-O-10, § 1, 4-10-2018; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020)

(a)

Purpose and intent. The intent of the PD-W district is to accept the Worldgate development as approved by Fairfax County into the town, including all uses and features approved by Fairfax County up to January 2, 2005. The district regulations are designed to encourage the innovative and creative design of commercial development; to accommodate preferred high-density land uses which could produce detrimental effects on neighboring properties if not strictly controlled as to location and design; and to insure high standards in the lay-out, design and construction of commercial developments. To these ends, rezoning to and development under this district shall be permitted only in accordance with a general development plan prepared and approved in accordance with this division. However, development under Fairfax County zoning approved prior to January 2, 2005 shall be permitted in accordance with the final development plan, and proffers approved by the Fairfax County Board of Supervisors. [Formerly section 78-303.1(f)(4)]

(b)

Locations permitted. This district applies exclusively to the Worldgate development as approved by the Fairfax County Board of Supervisors and accepted under the town's zoning and planning authority on January 2, 2005. Where conflict may arise between the provisions of this section and other provisions of this chapter, the provisions of this section shall govern.

(c)

Principal uses permitted. The following principal uses shall be permitted subject to the approval of a final development plan prepared in accordance with the provisions of Article 16 of the Fairfax County Zoning Ordinance prior to January 2, 2005 or subject to a town general development plan if amended subsequent to that date and subject to the use limitations set forth in section 78-50.9(e), below.

(1)

Business service and supply service establishments.

(2)

Eating establishments.

(3)

Establishments for scientific research, development and training where assembly, integration and testing of products in a completely enclosed building is incidental to the principal use of scientific research, development and training.

(4)

Exposition halls and facilities to house cultural or civic events or conventions of political, industrial, fraternal or similar associations, with a minimum gross floor area of 100,000 square feet.

(5)

Financial institutions.

(6)

Garment cleaning establishments.

(7)

Hotels, motels.

(8)

Offices.

(9)

Personal service establishments.

(10)

Public uses.

(11)

Repair service establishments.

(12)

Retail sales establishments.

(13)

Theatres.

(d)

Secondary uses permitted. The following secondary uses shall be permitted only in a PD-W district which contains one or more principal uses; only when such uses are presented on an approved Fairfax County final development plan prepared in accordance with the provisions of Article 16 of the Fairfax County Zoning Ordinance if developed prior to January 2, 2005, or on an approved town general development plan if developed after January 2, 2005, and subject to the use limitations set forth in section 78-50-90(e) below.

(1)

Accessory uses, accessory service uses and home occupations as permitted by Article 10 of the Fairfax County Zoning Ordinance if approved prior to January 2, 2005 and by this chapter if approved on or after January 2, 2005.

(2)

Affordable dwelling unit developments.

(3)

Bank teller machines, unmanned, located within a multiple family dwelling.

(4)

Commercial and industrial uses of special impact (Category 5 of the Fairfax County Zoning Ordinance), limited to:

a.

Amusement arcades.

b.

Automobile-oriented uses.

c.

Car washes.

d.

Drive-in banks.

e.

Drive-through pharmacies.

f.

Fast food restaurants.

g.

Golf courses, country clubs.

h.

Golf driving ranges.

i.

Marinas, docks and boating facilities, commercial.

j.

Quick-service food stores.

k.

Service stations.

l.

Service station/mini-marts.

m.

Vehicle light service establishments.

n.

Vehicle sale, rental and ancillary service establishments, limited by the following provisions:

1.

Outdoor storage, parking and display areas shall be permitted only on the same lot with and ancillary to a sales room, rental office or service facility, which shall be entirely enclosed on all sides.

2.

The outdoor area devoted to storage, loading, parking and display of goods shall be limited to that area so designated on an approved special exception plat or conditional use permit. Such areas shall not be used for the storage or display of vehicles that are not in operating condition.

3.

Notwithstanding the bulk regulations of the zoning district in which located, any such outdoor area that is located on the ground and is open to the sky may be located in any required yard but not nearer to any front lot line than ten feet, except as may be qualified by the provisions of Article 13, Fairfax County Zoning Ordinance.

4.

All structures shall be subject to the bulk regulations of the Fairfax County zoning district in which located as of January 2, 2005, except structures which are completely underground may be located in any required yard, but not closer than one foot to any lot line. All such uses shall be provided with safe and convenient access to a street. If any outdoor area is located contiguous to a street, the street side thereof shall be curbed, and ingress and egress shall be provided only through driveway openings through the curb of such dimension, location and construction as may be approved by the zoning administrator in accordance with the Town of Herndon Public Facilities Manual.

5.

All outdoor areas, including aisles and driveways, shall be constructed and maintained with an approved surface in accordance with Par. 11 of section 11-102, Fairfax County Zoning Ordinance, and shall be improved in accordance with the construction standards presented in the Town of Herndon Public Facilities Manual.

6.

All lighting fixtures used to illuminate such outdoor areas shall be designed to comply with the performance standards as to glare of the Fairfax County zoning district in which such facility is located as of January 2, 2005.

7.

Such facilities shall not be lighted at any time other than during the same hours that the facility is open for business, except for necessary security lighting.

(5)

Commercial recreation uses (Group 5 from the Fairfax County Zoning Ordinance), limited to:

a.

Billiard and pool halls.

b.

Bowling alleys.

c.

Commercial swimming pools, tennis courts and similar courts.

d.

Health clubs.

e.

Indoor firing ranges, archery ranges, fencing and other similar indoor recreational uses.

f.

Miniature golf courses.

g.

Skating facilities.

h.

Any other similar commercial recreation use.

(6)

Community uses (Group 4 from the Fairfax County Zoning Ordinance).

(7)

Dwellings.

a.

Short-term rentals in accordance with the provisions of section 78-80.4(u).

(8)

Institutional uses (Group 3 from the Fairfax County Zoning Ordinance).

(9)

Kennels, limited by the provisions of section 78-303.2(d)(5) below.

(10)

Light public utility uses (Category 1 from the Fairfax County Zoning Ordinance).

(11)

New vehicle storage, limited by the provisions of section 78-303.2(d)(5) below.

(12)

Parking, commercial off-street, as a principal use.

(13)

Quasi-public uses (Category 3 from the Fairfax County Zoning Ordinance) limited to:

a.

Alternate uses of public facilities.

b.

Child care centers and nursery schools.

c.

Churches, chapels, temples, synagogues and other such places of worship with a child care center, nursery school or private school of general or special education.

d.

Colleges, universities.

e.

Conference centers and retreat houses, operated by a religious or nonprofit organization.

f.

Congregate living facilities.

g.

Cultural centers, museums and similar facilities.

h.

Dormitories, fraternity/sorority houses, rooming/boarding houses, or other residence halls.

i.

Independent living facilities.

j.

Medical care facilities.

k.

Private clubs and public benefit associations.

l.

Private schools of general education.

m.

Private schools of special education.

n.

Quasi-public parks, playgrounds, athletic fields and related facilities.

n.

Transportation facilities (Category 4 from the Fairfax County Zoning Ordinance), limited to:

1.

Bus or railroad stations.

2.

Heliports.

3.

Helistops.

4.

WMATA facilities.

o.

Vehicle transportation service establishments.

p.

Veterinary hospitals.

(e)

Special exceptions uses. Certain uses may be permitted by special exception in the PD-W district approval as follows:

(1)

Uses permitted by special exception. Subject to the use limitations presented in section 78-50.9(f) below, any use presented in section 78-50.9(e) and section 78-50.9(c), above as a group or category use may be permitted with the approval of a special exception when such use is not specifically designated on an approved Fairfax County final development plan approved prior to January 2, 2005 or a town generalized development plan approved on or after January 2, 2005.

(2)

Additional uses permitted with a special exception:

a.

Commercial off-street parking in Metro Station areas as a temporary use.

b.

Fast food restaurant

(f)

Use limitations.

(1)

Compliance with development standards. All uses shall comply with the standards set forth in Article V, Development Standards.

(2)

Review standards. When a use presented in section 78-50.9(c) and section 78-59.9(d) above as a group or category use is being considered for approval:

a.

On a generalized development plan, the standards set forth in section 78-155.1 zoning map amendments, shall be used as a guide.

b.

As a special exception use, pursuant to section 78-50.9(e) above, the use shall be subject to the provisions of section 78-155.3 special exceptions, of this chapter, if applicable. Provided that such use is in substantial conformance with the approved Fairfax County conceptual development plan or the town generalized development plan and any imposed development conditions or proffered conditions and is not specifically precluded by the approved Fairfax County final development plan or the town approved generalized development plan, no final development plan or generalized development plan shall be required.

(3)

Compliance with approved development plan. All uses permitted pursuant to the approval of a Fairfax County final development plan (before January 1, 2005) or a town generalized development plan (after January 1, 2005) shall be in substantial conformance with the approved final or generalized development plan as provided for in this chapter.

(4)

Floor area limitations and calculations for secondary uses. Secondary uses shall be permitted only in a PD-W district which contains one or more principal uses. Unless modified by the town council in conjunction with the approval of a generalized development plan for further implementation of the adopted comprehensive plan, the gross floor area devoted to dwellings as a secondary use shall not exceed 50 percent of the gross floor area of all principal uses in the development, except that the floor area for affordable and market rate dwelling units which comprise the increased density pursuant to part 8 of Article 2 of the Fairfax County Zoning Ordinance shall be excluded from this limitation. The gross floor area of all other secondary uses shall not exceed 25 percent of the gross floor area of all principal uses in the development. The floor area for the dwellings shall be determined in accordance with the gross floor area definition except the following features shall not be deemed gross floor area: balconies, porches, decks, breezeways, stoops and stairs which may be roofed but which have at least one open side; or breezeways which may be roofed but which have two open ends. An open side or open end shall have no more than 50 percent of the total area between the side(s), roof and floor enclosed with railings, walls, or architectural features.

(5)

Design of secondary uses. Secondary uses shall be designed so as to maintain and protect the character of adjacent properties, and shall be conducted entirely within an enclosed building, with no outside display, except those uses which by their nature must be conducted outside a building.

(6)

Service stations, mini-marts, vehicle light service establishments. Service stations, service station/mini-marts and vehicle light service establishments shall be permitted only under the following conditions:

a.

Located in a commercial center consisting of not less than three commercial establishments, such commercial establishments to be other than automobile-related.

b.

There shall be no vehicle or tool rental and no outdoor storage or display of goods offered for sale, except for the outdoor storage or display of goods permitted at a service station or service station/mini-mart. In addition, no more than two vehicles that are wrecked, inoperable or abandoned may be temporarily stored outdoors for a period in excess of 72 hours, and in no event, shall any one such vehicle be stored outdoors for a period exceeding 72 hours.

(7)

Sign regulations in PD-W (including multi-tenant mixed used development). Signs shall be permitted only in accordance with the provisions of Article XIV, Signs, existing on January 2, 2005, and developed in accord with the provisions of Article 12 and Article 11 of the Fairfax County Zoning Ordinance shall be deemed legal and conforming with respect to this chapter.

(8)

Off-street parking, loading and private streets. Off-street parking and loading facilities and private streets shall be provided in conformance with the provisions of section 78-500, off street parking and loading, and other applicable sections of this chapter. Such facilities existing on January 2, 2005 and developed in accord with the provisions of Article 12 and Article 11 of the Fairfax County Zoning Ordinance shall be deemed legal and conforming with respect to this chapter.

(9)

Housing for the elderly. Notwithstanding the provisions of paragraphs (4) and (5) above, housing for the elderly as a secondary use need not be designed to serve primarily the needs of the residents and occupants of the planned development in which located but shall be designed so as to maintain and protect the character of adjacent properties. The gross floor area devoted to housing for the elderly as a secondary use shall not exceed 50 percent of the gross floor area of all uses in the development.

(10)

Fast food restaurants. Fast food restaurants shall be permitted only in accordance with the following:

a.

Fast food restaurants may be permitted as a secondary use when shown on an approved Fairfax County final development plan or an approved town generalized development plan (after January 2, 2005), and provided such use is located in a nonresidential structure containing at least one other permitted principal or secondary use, in accordance with the following:

1.

Such fast food restaurants shall be oriented to cater primarily to occupants and/or employees in the structure in which located, or of that structure and adjacent structures in the same building complex which are accessible via a clearly designated pedestrian circulation system; and

2.

Such use(s) shall comprise not more than 15 percent of the gross floor area of the structure.

b.

Fast food restaurants not permitted under the provisions of paragraph a (1) above, may be permitted as a secondary use by special exception, in accordance with the following:

1.

The structure containing the fast food restaurant shall be designed as an integral component of a building complex, and shall be reviewed for compatibility with the approved PD-W development; and

2.

The fast food restaurant shall be safely and conveniently accessible from surrounding uses via a clearly defined pedestrian circulation system with minimizes points of conflict between vehicular and pedestrian traffic. Pedestrian ways shall be prominently identified through design features such as, but not limited to, the use of special pavement treatments for walkways and crosswalks, and/or the use of consistent and distinctive landscaping. Vehicular access to the use shall be provided via the internal circulation system of the building complex, and no separate entrance to the use shall be permitted from any thoroughfare intended to carry through traffic.

(11)

Kennels and veterinary hospitals. Kennels and veterinary hospitals shall be located within a completely enclosed building which is adequately soundproofed and constructed so that there is no emission of odor or noise detrimental to other property in the area. In addition, the health department shall approve the construction and operation of all veterinary hospitals prior to issuance of any building permit or nonresidential use permit.

(12)

Drive-through pharmacies. Drive-through pharmacies shall be permitted only by special exception and only on a lot which is designed to minimize the potential for turning movement conflicts and to facilitate safe and efficient on-site circulation and parking. Adequate parking and stacking spaces for the use shall be provided and located in such a manner as to facilitate safe and convenient vehicle and pedestrian access to all uses on the lot. In addition, signs shall be required to be posted in the vicinity of the stacking area stating the limitation on the use of the window service and/or drive-through lane. Such signs shall not exceed two square feet in area or be located closer than five feet to any lot line.

(13)

Vehicle transportation service establishments. Vehicle transportation service establishments shall be permitted in accordance with the following:

a.

The total number of company vehicles permitted on site at any given time shall not exceed five.

b.

There shall be no maintenance or refueling of vehicles on site.

c.

Notwithstanding the provisions of paragraph 15 of the Transitional Screening and Barrier Matrix, the use shall be subject to the provisions of paragraph 9 of the matrix, of the Fairfax County Zoning Ordinance.

(14)

New vehicle storage. New vehicle storage shall be permitted by right in accordance with the following:

a.

When located within a parking structure that is accessory to another uses(s), and provided that the spaces devoted to new vehicle storage are in excess of the minimum number of off-street parking spaces required in accordance with section 78-500, off street parking and loading, for the use(s) to which the structure is accessory. The owner shall submit a parking tabulation that demonstrates that such excess parking spaces are available for new vehicle storage.

b.

The layout of the new vehicle storage shall not hinder the internal vehicle circulation within the parking structure, and there shall be no mechanical parking lift devices or fencing associated with the new vehicle storage.

c.

There shall be no signs identifying the use and/or the associated vehicle, sale, rental and ancillary service establishment.

(g)

Dimensional standards. The following standards shall be met in the PD-W District:

(1)

Lot size requirements. Development within the PD-W District shall conform to the following:

a.

Minimum district size: No land shall be classified in the PD-W district unless the town council finds that the proposed development meets at least one of the following conditions:

1.

The proposed development yields a minimum of 100,000 square feet of gross floor area.

2.

The proposed development is a logical extension of an existing Fairfax County or Town of Herndon planned development (PD) district, in which case it must yield a minimum of 40,000 square feet of gross floor area.

3.

The generalized development plan shall specify the uses and gross floor area for the proposed development and shall provide site and building designs that complement existing and planned development by incorporating high standards of urban design, to include provision for any specific urban design plans for the area and for pedestrian movement and access.

b.

Minimum lot area: No requirement for each use or building, provided that a privacy yard, having a minimum area of 200 square feet, shall be provided on each single-family attached dwelling unit lot, unless waived by the town council in conjunction with the approval of a site plan.

c.

Minimum lot width: No requirement for each use or building.

(2)

Bulk regulations. Development within the PD-W District shall conform to the following:

a.

Maximum building height: Controlled by the standards set forth in part 1 of Article 16 of the Fairfax County Zoning Ordinance or, if application is made after January 2, 2005, by this chapter.

b.

Minimum yard requirements: Controlled by the standards set forth in part 1 of Article 16 of the Fairfax County Zoning Ordinance or, if application is made after January 2, 2005, by this chapter.

c.

Maximum floor area ratio: 1.5, which may be increased by the town council in its sole discretion, up to a maximum of 2.5 in accordance with and when the generalized development plans include one or more of the following:

1.

More open space than the minimum required by section 78-50.9(h), open space, below, up to an amount that is equivalent to a two percent increase in floor area for each additional one percent of the gross area provided in open space.

2.

Unique design features and amenities within the planned development which require unusually high development costs and which achieve an especially attractive and desirable development, such as, but not limited to terraces, sculpture, reflecting pools and fountains: as determined by the town council in each instance, but not to exceed 35 percent.

3.

Below-surface off-street parking facilities up to an amount that is equivalent to a five percent increase in floor area for each 20 percent of the required number of parking spaces to be provided in a below-surface off-street parking facility.

4.

Above-surface off-street parking facilities within an enclosed building or structure up to an amount that is equivalent to a three percent increase in floor area for each 20 percent of the required number of parking spaces to be provided in an above-surface off-street parking facility.

(h)

Open space. The following provisions shall apply in the PD-W district:

(1)

Fifteen percent open space required. Fifteen percent of the gross area shall be open space.

(2)

Open space requirements for dwelling units as a secondary use. In a PD-W development where dwelling units are proposed as a secondary use, as part of the open space to be provided in accordance with the provisions of section 78-50.9(g), above, there should be recreational facilities for the enjoyment of the residents of the dwelling units.

a.

The facilities shall be provided on-site by the developer in substantial conformance with the approved final development plan. In the administration of this provision, credit shall be considered where there is a plan to provide common recreational facilities for the residents of the dwelling units and the occupants of the principal uses; and/or

b.

The town council may approve the provision of the facilities located on property which is not part of the subject PD-W district.

c.

For dwelling units in existence on January 2, 2005, the open space requirement shall be deemed to have been satisfied.

(i)

Administration, application requirements and application review process. Refer to section 78-155.1 zoning map amendments (ZMA), of this chapter for standards and development plan requirements for all planned developments. Refer to Article XV, Decision-Making Authorities, Application Review and Permitting, of this chapter for provisions which may qualify or supplement the regulations presented above.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-43, § 1, 12-10-2019)

(a)

Purpose and intent. The intent of the PD-UR district is to encourage harmonious and creative new residential development that allows for a mix of housing types and creates attractive and appropriate transitions between commercial, commercial mixed-use, and existing adjacent residential districts. PD-UR districts provide buffers to existing adjacent residential development while creating thoughtful interfaces with potential commercial redevelopment and mixed-use. The district regulations are designed to ensure cohesive residential developments that provide a diversity of housing types at different price points. PD-UR districts provide multimodal options and connections allowing residents to benefit from non-motorized vehicle connections to adjacent commercial areas and access to transit. PD-UR development will provide safe, well-integrated parking, circulation patterns, building massing, and appropriately located open spaces and site amenities. Applications for zoning map amendments and generalized development plans implement the policies of the comprehensive plan and adopted small area plans. The following concepts should be addressed in applications in addition to the adopted policies.

(1)

Housing mix. Provisions in PD-UR are designed to encourage a variety of housing types. Density may be increased depending on the number of housing types provided in a proposed development. For the purposes of this section, stacked townhouses and multi-family dwellings are considered different housing types. A single housing type must comprise ten percent or more of the total number of units of the development to qualify for the "2 housing types" level of density identified in table 78-51.1(e).

(2)

Universal design. Universal design is design for the whole population, for people with or without disabilities. Features of universal design should be incorporated into projects where feasible.

(3)

Green building and site design. Buildings should be designed and constructed to be energy efficient. For the purposes of this section, an energy efficient building is any building that meets the qualifications as described in section 58.1-3221.2 of the Code of Virginia. Urban bio-retention solutions should be employed to reuse, infiltrate, and retain stormwater on-site.

(4)

Adaptive reuse. Projects that are reusing an existing building(s) for residential use may be eligible for increased density as specified in table 78-51.1(e). Sites for adaptive reuse should be located along a minimum of one existing transit route and within 0.5 miles of an existing commercial node.

(5)

Affordable dwelling units. Projects should provide a percentage of dwelling units available to those earning low to moderate incomes for the Washington Standard Metropolitan Statistical Area.

(b)

A PD-UR district may only be established in areas designated as "Adaptive Area - Residential" in the Town of Herndon 2030 Comprehensive Plan (2008).

(c)

Principal uses. Table 78-51.1(c)(4) lists uses permitted and allowed in the PD-UR district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the PD-UR district. It is the applicant's responsibility to ensure that all published rules, regulations, and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in article XVIII. Other uses not listed on the following table are not allowed in the PD-UR district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in PD-UR district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in PD-UR district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that a use type is an allowed use in the respective planned development district, subject to approval as a planned development district Article V.

(4)

Table of principal permitted and allowed uses in the PD-UR district.

(d)

Accessory uses and structures. Table 78-51.1(d)(4) lists uses permitted and allowed in the PD-UR district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the PD-UR district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the PD-UR district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that an accessory use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in PD-UR district, if any. Permitted accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that an accessory use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column of the table of permitted and allowed accessory uses in PD-UR district, if any. Allowed accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(3)

"Z" allowed uses. A "Z" in a cell indicates that an accessory use type is an allowed use in the respective planned development district, subject to approval as a zoning map amendment (section 78-155.1).

(4)

Table of permitted and allowed accessory uses in the PD-UR district.

(e)

Dimensional standards. Structures in the PD-UR zoning district are subject to the dimensional standards set forth in Table 51.1(e).

(f)

Open space in PD-UR. Open space shall be provided as an asset to the development and not consist primarily of remnant sections of the development where buildings are unable to be located. Open space should be concentrated into functional areas to allow for pocket parks or common areas in the fronts of multiple buildings.

(1)

Open space for recreation shall consist of physical improvements to enable recreation and programmable spaces and may include, but is not limited to, playgrounds, fenced pet areas, swimming pools, bocce ball or volleyball courts, picnic shelters, lawn areas for activities, or common areas for the viewing of movies/films.

(g)

Site planning and building design in PD-UR. The following standards apply to sites and buildings within the PD-UR district:

(1)

Utilities. All mechanical equipment shall be located on the roof or incorporated into the façade of each unit. Gas and electric meters and other similar devices normally attached to the outside wall of the premises which they serve may continue to be installed.

(2)

Driveways. When provided, driveways must be a minimum of 18 feet in length exclusive of the apron or sidewalk. When no driveway is provided, aprons shall not exceed three feet. Parking on sidewalks is prohibited.

(3)

Mailboxes. Mailboxes, singular and collective shall not encroach into pedestrian sidewalks. Resident access to mailboxes shall not be from the street.

(4)

Streetscape design. Public and private streets within the development shall be designed and constructed in accordance with the Town of Herndon Streetscape Manual, unless as stated below.

a.

For any private street, tree grates with planting pits and spaced no more than 35 feet apart on-center may be used in lieu of a 5-foot vegetated verge.

b.

For any public street, a minimum 6-foot wide tree verge with canopy street trees no more than 35 feet apart on-center along back of curb and a minimum 6-foot sidewalk is required unless greater streetscape dimensional standards are required in the Town of Herndon Streetscape Manual.

(5)

Sidewalks. Sidewalks shall be provided along front building facades as well as along side facades abutting private or public streets. No portion of the sidewalk shall be used to meet the minimum dimensional requirements for off-street parking.

(6)

Inter-parcel and neighborhood connectivity. Site design shall accommodate for vehicle and pedestrian inter-parcel access. Publicly accessible sidewalks and trails may be required to establish inter-parcel access and connectivity between neighborhoods.

(7)

Screening of parking. Surface parking and structured parking shall not be visible from a public right-of-way, with the exception of on-street parallel parking, which may be visible from a public right-of-way.

(8)

Building orientation. Buildings shall be oriented to directly face the following:

a.

Public rights-of-way.

b.

Internal private streets if not adjacent to a public right-of-way.

c.

Other building fronts when facing a common community amenity.

(9)

Multi-modal accommodations. Bicycle parking shall be provided on site. In addition, any public right-of-way streetscape shall include at least two bicycle racks per block. If any public right-of-way includes a transit stop, the stop shall be improved with a decorative pocket park to accommodate transit stop amenities which shall include at least two bicycle racks, a recycling receptacle, a trash receptacle, at least one bench, and a bus shelter, in accordance with the Town of Herndon Streetscape Manual.

(10)

Bicycle route facilities. Bicycle route facilities shall be provided on-site in accordance with the town's bicycle plan.

(11)

Water and sewer. Adaptive reuse of an existing building(s) shall result in a less than or neutral impact on water and sewer demand than the present use.

(h)

Modifications to dimensional standards. Projects that are reusing an existing building(s) may be entitled to modifications pursuant to the modification review standards of section 78-50.2(d).

(Ord. No. 19-O-20, § 1, 7-9-2019; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020; Ord. No. 21-O-18, 8-10-2021)

(a)

Administration. The provisions of this section pertain to development within the 94-acre area designated as the transit related growth area (TRG) within the comprehensive plan (CPA #23-01). Where there may be conflicts between this article and general zoning, subdivision, or other regulations, or requirements, the regulations of this article shall apply. The zoning administrator shall determine questions of whether or not other sections of this chapter apply. All future development of properties within the transit related growth area mixed-use, medium density residential, and office areas shall conform to the standards contained in this section. Applicants may seek modifications pursuant to section 78-50.2, provided it furthers the goals of the TRG small area plan.

(b)

Purpose and intent. The intent of the PD-TRG1 district is to implement the recommendations of the mixed-use and medium density residential areas identified in the TRG small area plan. Applications for zoning map amendments and generalized development plans implement the public and private road connections and parks and civic space identified in the TRG small area plan.

(c)

A PD-TRG1 district may only be established in areas identified as mixed-use, office, or medium density residential within the TRG land use plan.

(d)

Principal uses. Table 78-51.2 (c)(3) lists allowable principal uses in the PD-TRG1 district. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the PD-TRG1 district. It is the applicant's responsibility to ensure that all published rules, regulations, and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the PD-TRG1 district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"Z" allowable uses. For properties without an existing PD-TRG1 designation, a "Z" in a cell indicates that a use type may be allowed in in the PD-TRG1 district, provided a zoning map amendment is approved by the town council. For properties with an approved zoning map amendment to the PD-TRG1 district, a "Z" use is allowed by-right, provided that the use does not violate any of the proffers of an approved zoning map amendment.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception, provided that the use does not violate any of the proffers of an approved zoning map amendment.

(3)

Table of principal permitted and allowed uses in the PD-TRG1 district.

(d)

Accessory uses and structures. Table 78-51.2 (d)(3) lists allowable accessory uses in the PD-TRG1 district. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses in the PD-TRG1 district. It is the applicant's responsibility to ensure that all published rules, regulations, and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the PD-TRD1 district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"Z" allowable accessory uses. For properties without an existing PD-TRG1 designation, a "Z" in a cell indicates that a use type may be allowed in the PD-TRG1 district, provided a zoning map amendment is approved by the town council. For properties with an approved zoning map amendment to the PD-TRG1 district, a "Z" use is allowed by-right, provided that the accessory use does not violate any of the proffers of an approved zoning map amendment. Permitted accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article VIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that an accessory use type is permitted by special exception, provided that the use does not violate any of the proffers of an approved zoning map amendment.

(3)

Table of permitted and allowed accessory uses in the PD-TRG1 district.

(e)

Accessory use standards.

(1)

Outdoor displays of products for sale shall not impair circulation and shall be shown on an approved site plan.

(f)

Dimensional standards.

(1)

Minimum lot size. There is no minimum lot size within PD-TRG1.

(2)

Maximum density. There is no maximum density when the proposal implements the site-specific guidelines and facilities identified in the TRG small area plan.

(3)

Building heights. The minimum building height shall not be less than 60 feet and the maximum building height shall not exceed the following:

a.

Ninety feet for Herndon Parkway Buildings, identified as area 3 on page 57 of the TRG small area plan.

b.

One hundred sixty feet for Metro Arrival buildings, identified as area 2 on page 57 of the TRG small area plan.

(4)

Private amenity space. There shall be a private amenity space between six feet and 20 feet from the edge of the sidewalk to the building façade along all streets. Private amenity space shall include the terms "front or side yard", "property frontage area," or "seating area" from the TRG small area plan.

(5)

There shall be a ten-foot building setback from property lines not abutting public or private rights-of-way.

(6)

A minimum of 60 percent of the building façade shall abut the street. The remainder of the building façade may be located beyond the private amenity space.

(7)

Streetscape design. Public and private streets and streetscapes shall contain the elements identified in the transportation network section of the TRG small area plan, including, but not limited to pedestrian circulation areas, landscape areas, and areas for an off-street two-way cycle track, where applicable. The design and construction of the elements not specified in this chapter shall be in accordance with the Town of Herndon Streetscape Manual. Existing and proposed utilities shall be relocated if any conflicts with the streetscape designs are identified in the generalized development plan or site plan.

(g)

Parks in PD-TRG1. A minimum of 15 percent of the gross land area shall be set aside as publicly accessible park or playground. The location and design of the required park space(s) shall match the recreation and open space design section shown on pages 61-65 of the TRG small area plan to the greatest extent practicable.

(1)

For sites where the TRG small area plan shows a publicly accessible park, the land may be dedicated to the town or held in private ownership with public easements.

(2)

For sites where the TRG small area plan does not show a publicly accessible park, off-site improvements to park facilities within the TRG small area plan may be used as an option to meet the 15 percent requirement.

(h)

Site planning and building design in PD-TRG1. The following standards apply to sites and buildings within the PD-TRG1 district:

(1)

Ground floor activation. A minimum of 60 percent of the ground floor frontage along primary and secondary streets shall be activated by the following, or similar, uses: Lobby space, amenity space, retail, restaurant, other commercial storefronts, or residential walk-out units.

(2)

Refuse and loading areas. Trash and recycling dumpsters and compactors shall be located within primary structures. Loading areas shall be located within primary structures.

(3)

Mechanical features. Mechanical equipment, generators, transformers, and similar equipment shall be located within primary structures, in underground vaults, or on rooftops. Rooftop equipment shall be screened if visible from the street.

a.

Transformers more than 40 feet from the Herndon Parkway sidewalk may be located above grade provided they are screened with a combination of masonry walls and metal gates. Gates are not permitted to swing into pedestrian walkways. Alternative materials may be approved by the architectural review board.

(4)

Electric vehicle infrastructure. A minimum of two percent of the minimum required parking shall be EV-installed with a minimum level 2 charging station. A minimum of 15 percent of the minimum required parking shall be EV-capable. Transformers for EV stations shall be screened or located so as not to be visible from public or private streets.

(5)

Garage doors. Parking garage, refuse, and loading bay openings shall be fully screened with doors. Movable arms or other partial barriers are prohibited.

(6)

Off-street parking. Off-street parking shall be in above-grade or below-grade parking structures, except as specified below. Limited surface parking may be allowed for parking that is temporary in nature, such as ride sharing, deliveries, and pick-ups. Existing surface parking may remain if established as an interim use, subject to section 78-51.2(h)(8), provided it is in conformance with section 78-110.5, Vehicular Use Area Screening and Landscaping. On-site micro mobility parking shall be incorporated into the generalized development plan.

(7)

Low impact development. Development sites shall incorporate low impact development measures as shown on page 65 of the TRG small area plan.

(8)

Massing and architectural design. Massing and architectural design shall be in accordance with the TRG small area plan with the architectural review board reviewing and evaluating compliance with the architectural and contextual components of the TRG small area plan prior to a public hearing by the planning commission.

(9)

Interim uses. Interim uses may be established for long-term phased development as part of a zoning map amendment submission. Interim uses and improvements shall be shown on a phasing sheet within the generalized development plan and all interim uses are subject to the town's administrative site plan ordinances.

(I)

Landscape requirements.

(1)

Parking structures. Any parking structure with an exposed surface containing ten or more parking spaces must include shade trees (at a rate of one canopy tree per 2,000 square feet) or a combination of trees and shade structures, located on the exposed portion of the parking structure, as required for interior parking lot landscaping in Article XI. Alternatively, the required percentage of shade may be provided through shade structures covering a minimum of ten percent of the total area of the exposed portion of the parking structure.

(Ord. No. 25-O-01, § 1, 1-28-2025)

(a)

Administration. The provisions of this section pertain to development within the 94-acre area designated as the Transit Related Growth Area (TRG) within the Comprehensive Plan (CPA #23-01). Where there may be conflicts between this article and general zoning, subdivision, or other regulations, or requirements, the regulations of this article shall apply. The zoning administrator shall determine questions of whether or not other sections of this chapter apply. All future development of properties within the transit related growth area low density residential/low impact commercial areas shall conform to the standards contained in this section. Applicants may seek modifications pursuant to section 78-50.2, provided it furthers the goals of the TRG small area plan.

(b)

Purpose and intent. The intent of the PD-TRG2 district is to implement the recommendations of the low density residential/low impact commercial areas identified in the TRG small area plan. Applications for zoning map amendments and generalized development plans implement the public and private road connections and parks and civic space identified in the TRG small area plan.

(c)

A PD-TRG2 district may only be established in areas identified as low density residential/low impact commercial within the TRG land use plan.

(d)

Principal uses. Table 78-51.3 (d)(3) lists allowable principal uses in the PD-TRG2 district. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the PD-TRG2 district. It is the applicant's responsibility to ensure that all published rules, regulations, and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the PD-TRG2 district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"Z" allowable uses. For properties without an existing PD-TRG2 designation, a "Z" in a cell indicates that a use type may be allowed in in the PD-TRG2 district, provided a zoning map amendment is approved by the town council. For properties with an approved zoning map amendment to the PD-TRG2 district, a "Z" use is allowed by-right, provided that the use does not violate any of the proffers of an approved zoning map amendment.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception, provided that the use does not violate any of the proffers of an approved zoning map amendment.

(3)

Table of principal permitted and allowed uses in the PD-TRG2 district.

a.

Specified uses may only be permitted in the PD-TRG2 district when rezoning from a PD-B district and located more than 200 feet from any parcel improved with or zoned for single family detached residential land uses.

(e)

Accessory uses and structures. Table 78-51.3 (e)(3) lists allowable accessory uses in the PD-TRG2 district. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses in the PD-TRG2 district. It is the applicant's responsibility to ensure that all published rules, regulations, and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the PD-TRG2 district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"Z" allowable accessory uses. For properties without an existing PD-TRG2 designation, a "Z" in a cell indicates that a use type may be allowed in the PD-TRG2 district, provided a zoning map amendment is approved by the town council. For properties with an already approved zoning map amendment to the PD-TRG2 district, a "Z" use is allowed by-right, provided that the accessory use does not violate any of the proffers of an approved zoning map amendment. Permitted accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article VIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that an accessory use type is permitted by special exception, provided that the use does not violate any of the proffers of an approved zoning map amendment.

(3)

Table of permitted and allowed accessory uses in the PD-TRG2 district.

(f)

Dimensional standards.

(1)

Minimum lot size. There is no minimum project area and no minimum lot size for individual townhouse lots.

(2)

Maximum density. There is no maximum density when the proposal implements the site-specific guidelines and facilities identified in the TRG small area plan.

(3)

Building heights. Buildings shall be limited to four stories. Additional enclosed floor area may be permitted above the fourth story, provided it is less than 50 percent of the horizontal floor area of the unit directly underneath.

(4)

Private mews. Mews shall contain the following amenities as shown on page 71 of the TRG small area plan, including front yard, pedestrian circulation, landscaping, site furnishings, and pedestrian activities zone.

(5)

There shall be a minimum 60-foot building setback from any existing property zoned for single family residential.

(6)

There shall be a minimum ten-foot separation between buildings.

(7)

There shall be a minimum five-foot separation from the edge of the streetscape to any building.

(g)

Streetscape design. Public and private streets and streetscapes shall contain the elements identified in the transportation network section of the TRG small area plan, including, but not limited to pedestrian circulation areas, landscape areas, and areas for an off-street two-way cycle track, where applicable. The design and construction of the elements not specified in this chapter shall be in accordance with the Town of Herndon Streetscape Manual. Existing and proposed utilities shall be relocated if any conflicts with the streetscape designs are identified in the generalized development plan or site plan.

(h)

Parks in PD-TRG2. A minimum of 15 percent of the gross land area shall be set aside as publicly accessible park or playground. The location and design of the required park space(s) shall match the recreation and open space design section shown on pages 61—65 of the TRG small area plan to the greatest extent practicable.

(1)

For sites where the TRG small area plan shows a publicly accessible park, the land may be dedicated to the town or held in private ownership with public easements.

(2)

For sites where the TRG small area plan does not show a publicly accessible park, off-site improvements to park facilities within the TRG small area plan may be used as an option to meet the 15 percent requirement.

(i)

Site planning and building design in PD-TRG2. The following standards apply to sites and buildings within the PD-TRG2 district:

(1)

Mews. Mews shall contribute to walkability within the site and to adjacent sites.

(2)

Garage location. Garages shall be rear loaded.

(3)

Building materials. Building materials shall comply with the TRG Small area plan.

(4)

Mechanical features. Gas and electric meters and other similar devices normally attached to the outside wall of the premises which they serve may continue to be installed to the wall. HVAC (heating, ventilation, and air conditioning) equipment are subject to the following:

a.

HVAC equipment for townhouses and stacked townhouses shall be located in the rear and screened with removable or openable panels.

b.

HVAC equipment for any other building shall be located on the roof or integrated into the building façade.

(5)

Low impact development. Development sites shall incorporate low impact development measures as shown on page 65 of the TRG small area plan.

(6)

Massing and architectural design. Massing and architectural design shall be in accordance with the TRG small area plan with the architectural review board reviewing and evaluating compliance with the architectural and contextual components of the TRG small area plan prior to a public hearing by the planning commission.

(7)

Interim uses. Interim uses may be established for long-term phased development as part of a zoning map amendment submission. Interim uses and improvements shall be shown on a phasing sheet within the generalized development plan and all interim uses are subject to the town's administrative site plan ordinances.

(j)

Landscape requirements.

(1)

A minimum 50-foot landscaped area is required from the parcel line of any property zoned or used for single family residential. Utilities are not permitted in the landscaped area unless no reasonable alternative exists. When utilities and other easements must intrude into the required buffer, they shall run perpendicular to the property line.

(2)

The amount of landscaping material within the buffer shall be one canopy tree per 20 linear feet, one evergreen trees per ten linear feet, one ornamental tree per 20 linear feet, and three evergreen shrubs per every ten linear feet. Non-invasive vegetation shall be preserved to the extent practicable and credited toward meeting the vegetation requirement, as determined by the town arborist. This area shall not count towards publicly accessible park space required in section 78-51.3(h).

(3)

A six-foot-tall fence shall be installed at the parcel line of any property zoned or used for single family residential and a new residential use.

(4)

A six-foot-tall wall shall be installed at the parcel line of any property zoned or used for single family residential and a new nonresidential use.

(Ord. No. 25-O-13, § 1, 8-12-2025)