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Home My Public Portal About2008_11_12_O025 - Amending the Town Plan The Town of Leesburg, Virginia PRESENTED November12, 2008 ADOPTED November 12, 2008 ORDINANCE NO. 2008-0-25 AN ORDINANCE: AMENDING SECTION C OF THE TOWN PLAN AND MAKING MISCELLANEOUS CLERICAL REVISIONS TO THE TOWN PLAN; AND AMENDING APPENDIX B: OFF-SITE TRANSPORTATION COSTS OF THE TOWN PLAN The Town Council of Leesburg, Virginia, ordains: SECTION I. That Natural Resources Objective La of the Land Use Element of the Town Plan of the Town of Leesburg, Virginia, 2005, as amended, is hereby amended and objectives 1.b and 1.c are added to read as follows: Objeotiye l.a. Preserve, protect, and restore stream corridors. The stream corridor iaeludes the ereek yalley buffer as defined in the zoning ordinance f{)r streams draiaiag more than 610 aeres. The stream oorridor also includes the 100 year flood plain, slopes of 15% or greater adjacent to the v/atenvay or its floodplain, and vletlands adjaeem to the \vaterway or floodplain along ',vatenvays draining at least 100 acres. 'Nherever these reatl:lfes would defiae a narrow corridor, the buff-er should be at least 100 feet from both sides ofwatenvays. Obiective l.a. Preserve, protect, and restore stream corridors. The stream corridor includes the creek valley buffer, as defined in the zoning ordinance, of 250 feet for the Potomac River and 150 feet on each side of streams draining more than 640 acres. In addition, the stream corridor should include a buffer of 100 feet on each side of waterways draining at least 100 acres. These are the minimum buffer widths of stream corridors, which should be wider wherever the 100 year floodplain, slopes of 15% or greater adiacent to the waterway or its floodplain, and wetlands adjacent to the waterway or floodplain along waterways extend beyond these minimums. b. Because of existing development and the Town Plan objectives for more intensive development in portions of the Downtown, consider waiving the stream corridor buffer for the redevelopment of land along North Branch and the portion of Town Branch (including an unnamed tributary south and west of Liberty Street) between Dry Mill Road and the Tuscarora Creek stream corridor. Such a waiver should be allowed as long as public access complementing the adjacent redevelopment is provided and mitigation is provided. Mitigation should improve stormwater quality significantly above minimum requirements and reduce stormwater volumes, where desirable. Mitigation should include such measures as low impact site design, advanced stormwater treatment practices, off-site flood protection, interception and treatment of untreated stormwater, and an increase in the tree canopy. - 2 - AN ORDINANCE: AMENDING SECTION C OF THE TOWN PLAN AND MAKING MISCELLANEOUS CLERICAL REVISIONS TO THE TOWN PLAN; AND AMENDING APPENDIX B: OFF-SITE TRANSPORTATION COSTS OF THE TOWN PLAN c. Develop amendments to the zoning ordinance and design and construction standards manual to provide mitigation criteria for the waiver outlined in the above paragraph. The criteria should result in improved watershed stewardship while allowing appropriate redevelopment along Town Branch and its tributaries. d. Develop a watershed-based stormwater management strategy to improve conditions for Town Branch and its tributaries. The strategy may include regional infrastructure and other restoration measures that will improve water quality and flow conditions: a list of acceptable best management practices or restoration opportunities that property owners in the watersheds of the streams will be expected to use as they develop their properties: and a policy of participation with property owners to decrease the quantity of untreated runoff into the watershed. [Renumber existing objective l.b to I.e.] SECTION II. That Central Planning Sector objectives 7 and 7.a of the Land Use Element of the Town Plan of the Town of Leesburg, Virginia, 2005, as amended, are hereby deleted and existing objectives 8 and 9 are renumbered to 7 and 8. Objective 7. Locate medium density residemial use for the deyelopable land betweefl the South King Street Food Lion afld Tusearora Creek. a. Include access to Catoetin Circle (and the eventual redevelopment there as a major element of the design. SECTION III. That Northeast Planning Sector Objective 9 of the Land Use Element ofthe Town Plan of the Town of Leesburg, Virginia, 2005, as amended, is hereby added to read as follows: Obiective 9. Undeveloped property at the northeastern comer of the intersection of Battlefield Parkway and Fieldstone Drive that has been granted zoning approval prior to the adoption of this Plan (September 14, 2005) may develop in accordance with the approved zoning, despite their classification on the Land Use Policy Map. Applications for amendments to the approved zoning and for special exceptions allowed under the approved zoning should be analyzed in terms of the degree of consistency with the approved zoning and with the policies of this Plan. including compatibility with nearby land uses and the character of the Town. - 3 - AN ORDINANCE: AMENDING SECTION C OF THE TOWN PLAN AND MAKING MISCELLANEOUS CLERICAL REVISIONS TO THE TOWN PLAN; AND AMENDING APPENDIX B: OFF-SITE TRANSPORTATION COSTS OF THE TOWN PLAN SECTION IV. That Southeast Planning Sector Objective 9 of the Land Use Element of the Town Plan of the Town of Leesburg, Virginia, 2005, as amended, is hereby amended to read as follows: Objective 9. New industrial, auto dealership, auto related, and auto service uses are not appropriate in the Route 7 corridor. Existing uses can be expanded or updated if the land area is not increased. SECTION V. That Southeast Planning Sector Objective 13 of the Land Use Element of the Town Plan of the Town of Leesburg, Virginia, 2005, as amended, is hereby added to read as follows: Obiective 13. Undeveloped property at the northeastern comer of the intersection of Battlefield Parkway and Sycolin Road that has been granted zoning approval prior to the adoption of this Plan (September 14. 2005) may develop in accordance with the approved zoning. despite their classification on the Land Use Policy Map. Applications for amendments to the approved zoning and for special exceptions allowed under the approved zoning should be analyzed in terms of the degree of consistency with the approved zoning and with the policies of this Plan. including compatibility with nearby land uses and the character of the Town. SECTION VI. That Southwest Planning Sector Objective 6 of the Land Use Element of the Town Plan of the Town of Leesburg, Virginia, 2005, as amended, is hereby added to read as follows: Obiective 6. Undeveloped properties on the western side of South King Street between Greenway Drive and Meade Drive that have been granted zoning approval prior to the adoption of this Plan (September 14. 2005) may develop in accordance with the approved zoning. despite their classification on the Land Use Policy Map. Applications for amendments to the approved zoning and for special exceptions allowed under the approved zoning should be analyzed in terms of the degree of consistency with the approved zoning and with the policies of this Plan. including compatibility with nearby land uses and the character of the Town. - 4 - AN ORDINANCE: AMENDING SECTION C OF THE TOWN PLAN AND MAKING MISCELLANEOUS CLERICAL REVISIONS TO THE TOWN PLAN; AND AMENDING APPENDIX B: OFF-SITE TRANSPORTATION COSTS OF THE TOWN PLAN SECTION VII. That the Transportation Corridor Objectives for Major Arterial Corridors of the Transportation Element of the Town Plan of the Town of Leesburg, Virginia, 2005, as amended, is hereby amended to delete the following: "... North King Street 1. Preserve the appearance and historic charaeter of North King Street. SECTION VIllI. That the Transportation Corridor Objectives for Minor Arterial Corridors of the Transportation Element ofthe Town Plan of the Town of Leesburg, Virginia, 2005, as amended, is hereby amended to add the following: North King Street 1. Preserve the appearance and historic character of North King Street. SECTION IX. That Objective 7.c of the Community Facilities and Services Element ofthe Town Plan ofthe Town of Leesburg, Virginia, 2005, as amended, is hereby amended to read as follows: c. There will be no poolie Loudoun Water (formerly Loudoun County Sanitary Authority) water and sewer extensions or package plants located within the UGA/JLMA except by mutual agreement between the Town and County. SECTION X. That the staff is authorized to make punctuation, numbering, and any related clerical-type changes to the text of the Town Plan of the Town of Leesburg, Virginia, 2005, as amended, so long as such changes do not alter the substance of the adopted Town Plan. Such changes include: Page 36: "Objective 2. Development and redevelopment ~should be compatible with the Town's character in terms of land use and design." Page 46: "Objective 2: All development in the Rout 7 corridor should be designed according to the H-2 District guidelines and ~should create a desirable gateway into the Town." - 5 - AN ORDINANCE: AMENDING SECTION C OF THE TOWN PLAN AND MAKING MISCELLANEOUS CLERICAL REVISIONS TO THE TOWN PLAN; AND AMENDING APPENDIX B: OFF-SITE TRANSPORTATION COSTS OF THE TOWN PLAN Pages 52-53: "Objective 2. [under "Uses"] "Retail and services for daily needs of workers, customers, and businesses in the development, including such uses as personal services (e.g., dry cleaners, hair dressers), business services (e.g., office supplies, copying centers), banking banks facilities, restaurants, health clubs, and day care facilities." Page 54: "1. [last on page] A grocery store as-should be the single anchor store. Page 55: "40 [last on page] fJI faeades of buildings should be designed with architectural detail cOFlsistem with that of the front ele'/atioFl of the building." [Dealt with elsewhere.] Renumber remaining items in list. Page 55: "8. Buildiflgs shm:1ld be at least hvo stories." [Dealt with elsewhere.] Renumber remaining items in list. Page 77: " 1. [fourth on page] RequireEll 02' right-of-way dedication and road widening as development occurs." Page 1 07: "Objective 1. [second on page] "Development should recognize the W &OD Trail as a focal point of the Crescent District, and ~should be designed to be compatible with the use and character of the Trai1." Page 1 09: "Objective 1. "Development within the Crescent District ~should be compatible with, and oomplimentary complementary to, the edge of the original Old and Historic District." Page 111: "Objective 2.a "In all cases, the height, scale and massing sMll-should be compatible with the abutting street width." Page 111: "Objective 2.b "Consideration sMll-should be given to the neighborhood context." Page 119: "Objective 2. "As the need arises, additional community facilities sMll-should be provided by the private sector, or the Town, to maintain and/or enhance the level of services currently provided or planned to be provided." SECTION XI: That the table found in Appendix B: Off-site Transportation Costs, being attached to but not part of the Town Plan of the Town of Leesburg, Virginia, 2005, as amended, is hereby amended to delete the existing footnote and to create the following footnote: * - Cost per Unit of Development last updated December 2001 Note: The actual average daily trips (ADTs) will be based on the latest version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. In addition, the cost per unit of development is in 2004 dollars: the actual cost per unit of development will be adiusted by the Town's Department of Engineering and Public Works based on appropriate inflation indices. SECTION XII. This Ordinance shall become effective on November 12,2008. - 6 - AN ORDINANCE: AMENDING SECTION C OF THE TOWN PLAN AND MAKING MISCELLANEOUS CLERICAL REVISIONS TO THE TOWN PLAN; AND AMENDING APPENDIX B: OFF-SITE TRANSPORTATION COSTS OF THE TOWN PLAN SECTION XIII. If any provision of this Ordinance is declared invalid, the decision shall not affect the validity of the Ordinance as a whole or any remaining provisions of the Ordinance. PASSED this 12th day of November, 2008. (~J~~ Town of Leesburg