HomeMy Public PortalAbout2019_09_24_O016 TLOA 2019-0006, Modifications for Density/Intensity and Dimensional Standards for the B-3 DistrictThe Town of
Leesburg,
Virginia
PRESENTED: September 24, 2019
ORDINANCE NO. 2019-0-016 ADOPTED: September 24, 2019
AN ORDINANCE: AMENDING ZONING ORDINANCE ARTICLE 6.5.3 TO ESTABLISH
MODIFICATION ALLOWANCES FOR SETBACK, LOT WIDTH, AND
HEIGHT REQUIREMENTS IN THE B-3 DISTRICT
WHEREAS, the Town Council initiated zoning text amendment TLOA-2019-0006 on
August 13, 2019 by adopting Resolution No. 2019-121 authorizing Zoning Ordinance
amendments to establish modification allowances for setback, lot width, and height requirements
in the B-3 District; and
WHEREAS, flexibility in height allowances can be considered so long as increases do not
change the character of the district and are harmonious with the surrounding built environment;
and
WHEREAS, the B-3 Community Retail/Commercial District does not currently allow for
modifications of setbacks, yards, or height; and
WHEREAS, modification allowances could be considered with acceptable justification;
and
WHEREAS, a duly advertised Planning Commission public hearing was held on August
19, 2019; and
WHEREAS, at their September 19, 2019, meeting, the Planning Commission
recommended approval of this amendment to the Zoning Ordinance to the Town Council; and
WHEREAS, the Town Council held a duly advertised public hearing on these
amendments on September 24, 2019; and
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AN ORDINANCE: AMENDING ZONING ORDINANCE ARTICLE 6.5.3 TO ESTABLISH
MODIFICATION ALLOWANCES FOR SETBACK, LOT WIDTH, AND
HEIGHT REQUIREMENTS IN THE B-3 DISTRICT
WHEREAS, the Council has concluded that the approval of these amendments to the
Zoning Ordinance would be in the public interest and in accordance with sound zoning and
planning principles; and
WHEREAS, the Council has concluded that the approval of the amendments to the
Zoning Ordinance is rationally related to serving legitimate government interests, including
balancing the needs of the community and managing safety concerns.
The Council of the Town of Leesburg, Virginia hereby ORDAINS:
SECTION I. The zoning text amendments contained in TLOA 2019-0006 — establishing
modification allowances for setback, lot width, and height requirements in the B-3 district, is
hereby approved; and
SECTION II. That section 6.5.3 Density/Intensity and Dimensional Standards in the
Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is
hereby amended to read as follows:
Sec.
5 Community Retail/Commercial District.
6.5.3 Density/Intensity and Dimensional Standards
A. Minimum Lot Area square feet)
All Development
20,000
B. Minimum Lot Width (feet)
All Development
200 [1][3]_
C. Maximum Floor Area Ratio
None
D. Minimum YardslSetbacks (feet)
Front
40[4j
Side
25E1]
Rear
2514]
E. Maximum Building Height (feet)
All Development
1
45[2]j j
F. Minimum Zoning District rea (acres)l
5[1]
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AN ORDINANCE: AMENDING ZONING ORDINANCE ARTICLE 6.5.3 TO ESTABLISH
MODIFICATION ALLOWANCES FOR SETBACK, LOT WIDTH, AND
HEIGHT REQUIREMENTS IN THE B-3 DISTRICT
[1] Where a lot is proposed to be rezoned to the B-3 District consistent with
the Town Plan and the lot (a) does not contain 5 acres in area, and (b) is
not contiguous to an established B-3 District, the minimum district size will
not apply and minimum lot width shall be 100 feet.
[2] See Sec. 10.4.5.F
[3] Multi -building developments approved under a proffered concept development plan may request to
reduce the required lot width, up to 50%, when the applicant can demonstrate to the satisfaction of
the Zoning Administrator that (1) the resulting layout is in substantial conformance with the
proffered layout;
[4] Multi -building developments approved under a proffered concept development plan may request to
modify the required yards when the applicant can demonstrate to the satisfaction of the Zoning
Administrator that (1) the resulting layout is in substantial conformance with the proffered layout;
(2) the reduced setbacks will facilitate a structure that is harmonious and compatible with
surrounding properties, (3) the reduced setbacks does not result in a reduction in the number of
required on -site parking spaces. Modifications may not be approved when the area subject to the
modification is adjacent to a residential district.
[5] Multi -building developments, approved under a proffered concept development plan, may request
an increase in the maximum building height, up to 50 feet, when the applicant can demonstrate to
the satisfaction of the Zoning Administrator that the increased building height will (1) not result in
an increase in approved square footage shown on the proffered concept development plan; (2)
facilitate a structure that is harmonious and compatible with surrounding properties, (3) be
proportional in scale and massing with other buildings within the development, (4) not create an
adverse impact upon adjoining properties. Modifications may not be approved when the building
being modified is adjacent to a residential district.
SECTION IV. All prior ordinances in conflict herewith are hereby repealed.
SECTION V. Severability. If a court of competent jurisdiction declares any provision of
this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any
remaining provisions of this ordinance.
SECTION VI. This ordinance shall be in effect upon its adoption.
PASSED this 24th day of September, 2019.
ayor
eesburg
ATTEST:
Clerk of Council
LF\LeesburgRMS\Town_C1erk\Ordinances\2019\0924 TLOA 2019-0006, Modifications for Density/Intensity and Dimensional Standards for the
B-3 District