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HomeMy Public PortalAbout2003_05_13_O006The Town of ] .eesburg, lrglnla ORDINANCE NO: AN ORDINANCE: and 2003-0-6 PRESENTED May 13, 2003 ADOPTED May 13, 2003 AMENDING THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH A CREEK VALLEY BUFFER DISTRICT WHEREAS, the Leesburg Town Plan was amended and adopted in August 1997; WHEREAS, it is the desire and intent of Council to revise the Leesburg Zoning Ordinance to incorporate the recommendations of the Town Plan; and WHEREAS, on February 11, 2003 the Council initiated amendments to the Leesburg Zoning Ordinance and the Official Zoning Map to establish a creek valley protection district in accordance with the goals and policies of the 1997 Town Plan; and WHEREAS, on March 6, 2003 the Planning Commission held a public hearing on these proposed amendments and recommended them to the Town Council on March 20, 2003; and WHEREAS, the Town Council conducted a public hearing on these comprehensive amendments on April 22, 2003; and WHEREAS, these amendments are necessary to better facilitate orderly development in Leesburg and implement the Town Plan's land use policies; and WHEREAS, these amendments to the zoning ordinance are recommended by the staff and are necessary to promote public safety and welfare, to facilitate the creation of a convenient, attractive and harmonious community and to protect property values. -2- AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH A CREEK VALLEY BUFFER DISTRICT THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is hereby amended by the adoption of the following new article entitled "Article 14 Creek Valley Buffer" as follows: 14.1 Purpose and Intent 14.1.1 Purpose The purpose of the Creek Valley Buffer standards of this article is to govern the construction of buildings, structures, parking and other impervious surfaces in areas adjacent to rivers and major stream areas draining greater than 640 acres, by providing for a setback area from the channel scar line in which construction of improvements will not occur except as set forth below. 14.1.2 Intent The intent is to promote water quality and the preservation of significant environmental resource areas; protect and enhance water and groundwater recharge processes by protection of the natural capacity of vegetative areas along rivers and creeks to filter and purify storm water runoff; protect aquatic environments from the warming effects of solar radiation by preserving riparian tree canopy cover; promote tourism and high quality corporate investment by maintaining to the extent reasonably possible, existing high water quality; to maintain the scenic beauty of streams in the Town of Leesburg and implement the Comprehensive Plan. 14.2 Buffer Setbacks 14.2.1 Standard Setbacks The following setbacks are established along rivers and major streams in areas where the 100-year floodplain is less than the setbacks provided below. A. 250 feet measured along the slope of the ground from the channel scar line on the Potomac River. B. 150 feet on each side of the creek measured from the centefline of the channel of each creek or stream where the watershed is greater than 640 acres. 14.2.2 Reduced Setbacks The Standard Setbacks of this section may be reduced as follows: A reduction of 100 feet shall be allowed for the use of and retention of stormwater management/Best Management Practices (BMPs) in accordance with the Design and Construction Standards Manual at time of development within any developed area on the lot or site. -3- AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH A CREEK VALLEY BUFFER DISTRICT 14.2.3 Exemptions The buffer setbacks of this section do not apply to agricultural, horticultural or forestal uses where a farm plan approved by the Loudoun County Soil and Water Conservation District or other Town and/or County approved agency is kept continuously in place. 14.3 Effect of Buffer The construction of buildings, structures, parking lots or other impermeable surfaces within the Creek Valley Buffer is prohibited except for the following: Existing improvements including buildings, roads and structures within the Creek Valley Buffer are not considered non-conforming. They can be added to and if destroyed by fire or casualty, they can be rebuilt to the same or equivalent setback. Existing residential dwellings may install decks and incidental accessory structures so long as other applicable zoning and development regulations are met. This buffer or setback area does not regulate uses within the setback area, although the Town encourages growth through plantings or natural vegetative and forestal cover within the buffer area. Utilities may be located within the buffer. 14.4 Existing Lots of Record On any existing lot of record as of May 13, 2003 zoned RE, RI, R2, R-4, R-6 or R-8, a single-family residence and its attendant driveway, parking area and/or detached garage and incidental accessory structures may be permitted so long as there is not an existing residence on the property. The new residence cannot be located within 150 feet of the stream centerline nor in floodplain, wetlands or steep slopes. Lots proposed as part of a Planned Development may be developed in accordance with the approved rezoning concept plan. Any existing lot of record with commercial or industrial zoning may be developed in accordance with this ordinance and all other applicable regulations. 14.5 Development Criteria The Creek Valley Buffer is not intended to and shall not limit development density (gross floor area or units per acre) otherwise allowed on land within the Creek Valley Buffer area. The Creek Valley Buffer shall be administered like any other setback provided for in this ordinance in allowing otherwise developable land within the setback area to be counted for density computation purposes and applied towards the construction of improvements outside the setback area. Road crossings and driveways shall be permitted subject to applicable federal and state regulations, this ordinance and to such performance standards as contained in the Design and Construction Standards Manual. 14.6 Permitted Uses Except as otherwise expressly stated in this article, only the following uses shall be permitted within required Creek Valley Buffer areas: (1) water dependent or passive recreational uses that do not involve land-disturbing activities as defined by this -4- AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH A CREEK VALLEY BUFFER DISTRICT ordinance; (2) improvements associated with historic, cultural or archeological sites; or (3) water and sewer lines. SECTION II. The Official Zoning Map is hereby amended by inclusion of the Creek Valley Buffer (Overlay) District as shown on said Official Zoning Map dated May 13, 2003. SECTION III. Severability. If any portion of these amendments is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of amendments as a whole or any remaining provision of the Leesburg Zoning Ordinance. SECTION IV. All prior ordinances in conflict herewith are hereby repealed. SECTION V. This ordinance shall become effective upon its passage. PASSED this 13th day of May 2003. ATTEST: erk of Council 003 :OrdinanceAdoptionCreekValley