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HomeMy Public PortalAbout2009_05_27_O006 - ZO Art. 3, 5, 6, 9, 10, 11, 12, 15 The Town of Leesburg, Virginia PRESENTED: May 27. 2009 ORDINANCE NO. 2009-006 ADOPTED: May 27.2009 AN ORDINANCE: AMENDING THE ZONING ORDINANCE FOR ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 8 PLANNED DEVELOPMENT DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY/INTENSITY AND DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, ARTICLE 12 LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING, AND ARTICLE 18 DEFINITIONS The Town Council of Leesburg, Virginia, ordains: SECTION I. That the following sections of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same are hereby amended to read as follows: 1. Section 3.3.4 Pre-Application Conference (rezonings) to add a requirement for a sketch plan: Sec. 3.3 Zoning Map Amendments (Rezonings) 3.3.4 Pre-application Conference Prior to filing an application, the applicant shall meet with representatives from the Department of Planning and Zoning to discuss the requirements and the nature of the proposal. For purposes of this conference, the applicant may shall provide a sketch plan of the proposed use drawn to scale, showing the general layout of the development and the relationship to the surrounding area. This sketch plan shall be submitted at least two weeks before the date of the pre-application conference. The results of the pre-application meeting shall be documented and distributed to the applicant and participating staff. 2. Section 3.3.6 Submittal Requirements (rezonings) to amend, clarify and specify requirements for rezoning minimum submission req uiremen ts: Sec. 3.3 Zoning Map Amendments (Rezonings) 3.3.6 Submittal Requirements All rezoning applications shall be accompanied by the following items: -2- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE A. Application. An application, on a form provided by the town, completed and signed by the applicant and owner(s) of the property. The applicant shall keep this information current at all times during the processing of the application. B. Fee. Associated fee, payable to the Town of Leesburg. C. Disclosure Statement. A disclosure statement of the real parties in interest, on a form provided by the town, signed by the applicant and notarized, in accordance with Section 15.2-2289 of Code of Virginia, 1950, as amended. The applicant shall keep this information current at all times during the processing of the application. D. ExistinQ Conditions Plan 1. Boundary outline of the subiect property: 2. Existing planimetric information on the subiect property: 3. Names and route numbers of all boundary roads or streets. and the width of existing rights-of-way: 4. Existing topography with 5' contours: 5. Existing utility easements: 6. Structures within 200 feet of proposed structure or use: 7. Existing landscaping and treed areas: and 8. Scale. north arrow and date: DE. Concept Plan. Twenty (20) copies, or other number as determined by the Land Development Official, of a concept plan, drawn to a scale of 1 inch = 100 feet, or a scale agreed to by the Town, illustrating the following features: 1. Insert vicinity map; 2. Total area of property in square feet and acres; 3. Tax map parcel or pin number of the subject property; 4. Conceptual grading topography with 5' contours and directional arrows depicting overland drainage; 5. Scale, north arrow and date; 6. Adjacent owner names, zoning and use; 7. Vehicular and pedestrian points of access to the property; 8. Existing and proposed utility easements; 9. Conceptual sewer and water connections to each proposed structure; 10. Existing and proposed structures; 11. Required yards and height and proposed setbacks and building heights. both in tabular form and graphically shown on the Concept Plan; 12. Environmental and historic features, including but not limited to sites or structures listed on the National Register of Historic Places or the Virginia Landmarks Register, or in the Town Plan Historic Resources element; 13. Structures within 200 feet of proposed structure or use; 14. Existing and proposed landscaping, screening and buffering; 15. Tree save areas, which may include individual trees and groupings; aflEl -3- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 16. Additional information as may be required for a Planfled Deyelopment lHlder Article 8 or as deemed appropriate by the Land Development Official to provide a comprehensible application given the rezoning proposal. Any additional information that may be required will be discussed as part of the pre-application meeting; 17. Building Elevations for all new construction or major alterations to exiting structures; 18.All submittal documents (e.g., Statement of Justification, proffers, etc.) shall be submitted in a digital word format (.DOC) speeified by the Tmvn; aflEl 19.All plans shall be submitted in a digital format (.PDF and .DXF); specified by the To'.vn. 20. Where a proposed structure lies within 50' of the boundary of the property. cross-sections extending 50 feet from within the subiect property and extending 50 feet into the adioining property shall be provided; 21. Where a street is proposed. a typical section shall be provided. The typical section should include the location and dimensions of: curb and gutter. on-street parking (if provided), travel lanes. landscaping areas. and sidewalk. The section should extend from building face to building face or 20' beyond the paving section: and 22. A lighting plan shall be provided to depict the general location of lighting fixtures and their general lighting distribution pattern. EF. Statement of Justification. Twenty (20) copies, or other number as determined by the Land Development Official, of a written statement of justification describing: 1. The nature of the request and uses proposed; 2. Traffic Impact Analysis. Traffic impacts, including the maximum expected trip generation and the distribution of such trips by mode and the time of day based on current Institute of Transportation Engineers (ITE) Manual, internal road network, and connection into the existing transportation network. A traffic study, as described in Article 7 of the Design and Construction Standards Manual, will be required for all applications where the proposed land use: a. is adjacent to a road that currently carries or is proposed to carry more than 500 vehicle trips per day (VPD); or b. contains a road proposed to carry more than 500 vehicle trips per day (VPD); or c. is adjacent to a road that currently or is proposed to carry 100 or more peak hour vehicle trips per day; or d. if the traffic study for the proposed activity is more than one (1) year old. e. Waiver Provision. This requirement may be waived at the discretion of the Land Development Official at the applicant's written request filed with the initial application. Any such waiver shall be based upon a finding that such analysis is unnecessary due to the existence of previous studies and analyses which adequately -4- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE cover the extent of the proposed development and its traffic impact, or if applicant supplies adequate proof that the proposed use does not increase the number of employees or customers using the site, or if otherwise justified by the applicant. The Land Development Official shall set forth in writing the reasons for the determination. 3. Impacts on adjacent uses and measures proposed to mitigate such impacts; 4. Area calculations for each use; 5. Dwelling unit count and mix or proposed building Floor Area Ratio (F.A.R.); 6. Relationship of the proposal to the Town Plan; and 7. Justifications for each of the required approval criteria: and 8. Any proposed variations or modifications of submittal requirements. 3. Sec. 3.3.6.1. Conceptual Gradini! Plan to establish the scope of the grading plan that must be submitted with rezoning applications: y. Prelimin31"}' Conceptual Grading Plan. A preliminary grading plan is required for the entire project when slopes tmeeeding fifteen pereent (15%) ..'{ill be developed conceptual grading plan is required for all rezoning applications. This plan shall be based upon field shot topography. aerial topography. or Loudoun County GIS topography and shall at a minimum include the following information: a. Adequate existing and proposed contours and spot shots to confirm that adequate drainage and stormwater management can be provided for the site. b. The location of potential SWMlBMP facilities including sufficient preliminary SWMlBMP computations to ensure that the site layout will not have to be significantly altered to provide these facilities at time of the construction drawings. c. A clear depiction of the location of any potential areas of existing or proposed steep slopes (greater than 3: 1 ) including locations and heights of any required retaining walls as well as any conceptual stabilization measures. proposed ground covers. etc. 4. Sec. 3.3.6.K Archeoloi!icallHistoric Information to require the study at the time of first submission: K,b. Archeoloaical/Historic Information. Applicant shall provide the following information prior to approval with the initial submission to determine if there are historic and/or archeological resources oflocal, state or national significance that are worthy of protection on the proposed site. -5- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 5. Section 3.4.3 Pre-Application Conference (special exceptions) to add a requirement for a sketch plan: Sec. 3.4 Special Exceptions 3.4.3 Pre-application Conference Prior to filing an application for special exception, the applicant shall meet with representatives from the Department of Planning and Zoning to discuss the requirements of this section and the nature of the special exception use proposed. For purposes of this conference, the applicant may shall provide a sketch plan of the proposed use drawn to scale, showing the general layout of the special exception and the relationship to the surrounding area. This sketch plan shall be submitted at least two weeks before the date of the pre-application conference. The results of the pre-application meeting shall be documented and distributed to the applicant and participating staff. 6. Sec. 3.4.6 Submittal Requirements (special exception) to amend, clarify and specify requirements for special exception minimum submission requirements: Sec. 3.4 Special Exceptions 3.4.6 Submittal Requirements A special exception application shall be accompanied by the following items: A. Application. An application, on a form provided by the town, completed and signed by the applicant and owner(s) of the property. The applicant shall keep this information current at all times during the processing of the application. B. Fee. Associated fee, payable to the Town of Leesburg. C. Statement of Compliance. Written statement with supporting evidence regarding compliance with the Approval Criteria of Sec. 3.4.12 and applicable use standards of Sec. 9.3 if applicable. This statement may be combined with the statement required in Sec. 3.4.6.F. D. Disclosure Statement. A disclosure statement of the real parties in interest, on a form provided by the town, signed by the applicant and notarized, in accordance with Section 15.2-2289 of Code of Virginia, 1950, as amended. The applicant shall keep this information current at all times during processing of the application. E. Special Exception Plat Twenty (20) copies, or other number as determined by the Land Development Official, of a concept plan, drawn to a scale of 1 inch = 100 feet, or a scale agreed to by the Town, illustrating the following features: 1. Boundaries of the entire property; -6- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 2. Total area of property in square feet and acres; 3. Location of all existing and proposed structures, fincluding but not limited to lighting, signs and buildings1; 4. Location and distance of all off-site structures within fifty (50) feet of the property, fl including but not limited to lighting, signs and buildings; 5. Required yards and height and proposed setbacks and building heights, both in tabular form and graphically shown on the plat. ,^.JI reql:1ired minimum yards and the distances of all existing and proposed structures to the lot lines; 6. Public right(s) of way, indicating names, route numbers, and width; 7. Proposed means of ingress and egress to the property from a public street for vehicular and pedestrian traffic; 8. Parking spaces, existing and/or proposed, indicating minimum distance from the nearest property line; 9. Where applicable, seating capacity; useable outdoor recreation area, emergency access, fencing, limits of clearing, landscaping and screening, outside lighting, loudspeakers and required and/or proposed improvements to public right(s) of way; aflEl 10. Existing zoning designation and use of subject and adjacent properties; 11. Building Elevations for all new construction or major alterations to exiting structures; 11. All submittal documents (e.g., Statement of Justification) shall be submitted in a word format (.DOC) speeified by the To\vu; and 12. All plans shall be submitted in a digital format (.PDF and .DXF); specified by the TO'lm.:. 13. Existing topography with 5' contours: 14. Existing and proposed landscaping, screening and buffering: 15. Scale, north arrow and date: 16. Tax map parcel or pin number of the subject property: 17. Conceptual grading with 5' contours and directional arrows depicting overland drainage; 18. Adjacent owner names: 19. Existing and proposed utility easements: 20. Environmental and historic features, including but not limited to sites or structures listed on the National Register of Historic Places or the Virginia Landmarks Register, or in the Town Plan Historic Resources element: 21. Tree save areas, which may include individual trees and groupings: 22. Additional information as may be required by the Land Development Official to provide a comprehensible application given the special exception proposal. Any additional information that may be required will be discussed as part of the pre- application meeting; 23. Where a proposed structure lies within 50' of the boundary of the property, cross- sections extending 50 feet from within the subject property and extending 50 feet into the adioining property shall be provided: 24. Where a street is proposed, a typical section shall be provided. The typical section should include the location and dimensions of: curb and gutter, on-street parking (if provided), travel lanes, landscaping areas, and sidewalk. The section should extend from building face to building face or 20' beyond the paving section: and -7- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 25. A lighting plan shall be provided to depict the general location of lighting fixtures and their general lighting distribution pattern. 6. Sec. 6.5.2. B-3~ Community Retail/Commercial District to add "convenience food store": Sec. 6.5 B-3, Community Retail/Commercial District 6.5.2 Use Regulations Uses are allowed in the B-3 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. 7. Sections 6.6.2 & 6.6.3 B-4 District to remove the F.A.R. maximum and 5-story height limit, make personal services a by right use and add indoor theater by special exception: 6.6 B-4, Mixed-Use Business District 6.6.2 Use Regulations Uses are allowed in the B-4 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. -8- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 6.6.3 Density/Intensity and Dimensional Standards All development in the B-4 District shall be subject to the following standards (See also Article 10): 6,000 2,400 3,000 3,000 6,000 10,000 80,000 50 24 30 30 60 100 200 o.&-None 20 10 20 20 5 [11 Mixed-Use buildinQs (residential above non-residential) shall be permitted 70 feet maximum buildinQ heiQht. 8. Sec. 8.3.7.C.2 Requirements of Landscapini! in All Planned Developments to remove unnecessary plant details: -9- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE Sec. 8.3.7 .C.2 Requirements of Landscaping in All Planned Developments C. Applications for PD Rezoning Plan approval shall include a landscape plan drawn to scale of one inch to 100 feet for all land to be used for other than single- family detached dwelling lots showing: 1. The proposed extent and location of new plant materials indicated at mature sizes and to include other landscape features; 2. The species and size of existing plant materials proposed to be used as part of landscaping plan; 3. The proposed treatment of all ground surfaces with paving, turf, gravel or other ground cover; 4. The proposed schedule of plant materials with eommon and botanical names, sizes at planting and quantities; 5. The proposed plan for outdoor lighting. 6. The protection of existing trees and preservation of soil aeration, drainage and moisture: and 7. Slope stability measures for slopes exceeding 3: 1 gradient. 9. Section 8.6 Planned Emplovment Center (PEC) District to make "personal service" uses by right: Sec. 8.6 PEC, Planned Employment Center District 8.6.3. Support Uses The following support uses are permitted in a PEC District when permitted in the ordinance approving the PD Rezoning Plan and establishing the district and when subordinate to principal office or industrial uses, except that personal services: II principal and accessory residential uses intended as living quarters for employees or wners of establishments within the district if located and designed in a manner ro riate to the character and function of the district. [1] Services. Personal shall be permitted by right in any approved PEC District. 10. Section 8.6.7. of Planned Employment Center (PEC) District to remove the Floor Area Ratio Averaging requirements: 8.6.7 Floor Area Ratio The maximum floor area ratio within a Planned Employment Center shall not exceed the maximum described in the ordinance approving the PD Rezoning Plan. Planned -10- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE Development intensity shall be limited in accordance with Secs. 8.3.4. Planned Development Residential Density Limits and 8.3.5. Planned Development Nonresidential Density Limits. or the maximwn. established by gee. 8.3.1D.1, provided that any individual lot in a PBC Distriet may have a Floor Area Ratio up to a maximum of 0.6 provided that the total maKimUffi F ,^.R speeified in the ordinanee creating the PEC Distriet is not exceeded, and sl:1bject to the following reqairements: A. FAR A\'oraging Plan. The applicam shall submit a plan at the time of subdivision plat or site plan submission that demonstrates lHlified control and identifies Floor Area Ratios requested for speeific lots land bays and their land area acreages to shmv that the o'/erall F,^.R ,:.'ill Hot be exeeeded, or the applicant may identify on a site plan a like sized lot under unified eontrol ';mere the F f...R shall be redaced beIO'.'.' the speeified maximum so that the combined FAR of the two lots shall not exeeed the overall Floor Area Ratio for the district. B. Subdivision Plat and Site Plan Notation. For any lot '.vith a Floor Area Ratio of other than 0.1, a tabulation indieating the F.^...R Averaging Plan shall be shovm on the subdivision plat and any site plans. C. Rostricti\'o Co',enant. Whenever subdivision lots or site plans are submitted under the F f...R Averaging option deseribed in this section, a restrictive co'.'enant that sets forth the FAR ,\ veraging Plan shall be incladed in the deeds neeessary for subdivision or site plan approval. The restrictive eovenant shall run with the land and mast be in a f{)rm approved by the To'.VR ,^..ttomey 11. Section 8.6.8 of Planned Employment Center (PEC) District to remove the open space requirement for individual lots: 8.6.8 Open Space At least 20 percent of the gross area of a Planned Employment Center and 20 pereent of the area of each lot therein shall be open space. Any common open space provided shall be maintained as required by Sec. 8.3.6. All open space shall be included in the development schedule and be fully improved by the developer at a rate equivalent to or greater than the construction of all structures. 12. Sec. 9.2 Use Re2ulations Use Table to add new uses: 9.2 Use Table The Use Table of this section provides a summary of the uses allowed within base zoning districts. In the event of conflict between this Use Table and the district-by-district listings in Article 5 and Article 6, the standards listed in Article 5 and Article 6 shall control. The symbols used in the Use Table have the following meanings. -11- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 13. Section 10.2. Nonresidential Zonin2 Districts to remove the F.A.R. maximum and 5-story height imitation in the B-4 District: See 10.2 Nonresidential Zoning Districts The following table provides a summary of the Density/Intensity and Dimensional Standards that apply within nonresidential (base) zoning districts. In the event of conflict between this table and the district-by district listings in Article 6, the standards listed in Article 6 shall control. -12- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE [2] Properties within the H-1 Overlay District shall be eligible for reduced front yards (setback) in accordance with Sec. 10.4.5.0 [3] Minimum Front Setback: 1 foot; Maximum: 20 feet, Actual setback determined in accordance with Sec. 10.4.5.0. [4] New or expanded developments within the B-2 District may have up to a minimum front yard setback requirement of 5 feet if the development of the lot or a development of a combination of abutting lots has at least 400 feet of front yard road frontage. The 5-foot setback is also subject to the following provisions: a. Parking or loading areas for motor vehicles or storage of materials or equipment shall not be located within the reduced front yard setback. b. The total square footage of all structures shall not exceed the maximum allowable square footage permissible within the required setbacks. -13- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE c. The Director of Engineering and Public Works shall determine that such development will not interfere with necessary public improvements or required landscaping. d. The front facade of a building shall have as its primary orientation the adjacent roadway from which the front yard setback reduction is requested. e. Fencing or wall located within the front yard setback shall not exceed 42 inches above grade. [5] No side-yard setback requirements for lots fronting on Market Street, Loudoun Street, King Street, Wirt Street and Liberty Street. [6] Minimum Lot Width feet: 50 30 100 30 60 I 200 [7] The front, side and rear yard minimum setback shall be increased to be equal to the height of the building where the building height exceeds the required minimum yard setback adjacent to residential uses district only. For example, the 8-2 District allows a commercial building to be a maximum of 45 feet in height. If the rear yard of the building is to be located adjacent to a residential use (such as townhouses), the building must be at least 45 feet from the property line with the residential use, even though the rear setback for the 8-2 District is only 20 feet. [8] Maximum FAR and height increased to 9.e5 and e5 feet, respectively when at least 59% of FElquired parking is located within a parking structure. I9l IID Where a lot is proposed to be rezoned to the 8-3 District consistent with the Town Plan, and the lot (a) does not contain 5 acres in area, and (b) is not contiguous to an existing 8-3 District, the minimum district size shall not apply. 14. Sec. 10.3.1.B Cluster Subdivisions to make an exception for existing structures: 10.3.1. Residential Cluster Development B. Structure Location Requirements 1. The minimum distance between any two buildings or structures in a cluster development shall be 10 feet. 2. The minimum distance between any buildings or structures and public street edge of right-of-way shall be 15 feet, provided that the minimum setback for any garage opening shall be 20 feet. 3. A buffer area of at least 50 feet in width shall be provided along the perimeter of a residential cluster development boundary. No new building, structure, driveway, parking or loading areas shall be located within the buffer. 15. Sec. 10.4.5.F Increased Setback Adiacent to Residential Use for Certain Districts to revise to apply to residential districts: 10.4.5. Minimum Yard Requirements -14- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE F. Increased Setback Adjacent to Residential Use for Certain Districts. In the 0-1~, MC, B-2, B-3, B-4, and 1-1, 12 and 11: 1 Districts the front, side and rear yard minimum setback shall be increased to be equal to the height of the building where the building height exceeds the required minimum yard setback adjacent to residential districts ~ only. For example, the B-2 District allows a commercial building to be a maximum of 45 feet in height. If the rear yard of the building is to be located adjacent to a residential district (such as R-6) use (stlch as to'.vnhouses), the building must be at least 45 feet from the property line with the residential district \:lSe, even though the rear setback for the B-2 District is only 20 feet. 16. Sec. 11.3 Number of Parkin2 Spaces Required to revise standard for multi-family and medical office uses: Single-Family Detached 2.0 per dwelling if access to the lot is onto a public street; 3.0 per dwelling if access to the lot is from a private accesswa . 2.0 per dwelling units if access to the lot is onto a public street; 2.5 per dwelling if access to the lot is from a private accessway. For townhouses with a single-car garage the garage shall not be counted as a parking space. For townhouses with a two-car garage, the two-car garage shall count as a sin Ie one arkin s ace. 2.0 per dwelling if access to the lot is onto a public street; 3.0 per dwelling if access to the lot is from a private accesswa . 1.5 per dwelling for efficiency and one bedroom units; 2.0 per dwelling for two bedroom units; and 2.5 per dwelling for units with three or more bedrooms. For ml;llti family garage l;lRits, tRo garage sRall Rot be CGl;lRted as a parkiRg * Single-Family Attached Duplex Multi-Family Commercial Uses 11.0 per ~ m square feet gross floor area 1.0 per 300 s uare feet ross floor area 17. Establish Section 11.4.5. Shared Parkin!! (Mixed Use) to reduce parking requirements in Mixed-Use Developments: 11.4.5. Shared ParkinQ (Mixed Use) Required off-street parking spaces may be provided cooperatively for two or more uses within a mixed use development in accordance with the Time of Day Factors provided below. Use of shared parking reductions are subject to the determination by the Planning Commission that two or more uses can be adequately served by the same parking spaces by reason of the characteristics of the land uses and the hours of operation. The Land -15- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE Development Official shall make a recommendation to the Planning Commission regarding any such proposed reduction in the number of required parking spaces. The Planning Commission is also authorized to require restrictions on the use and hours of operation of any uses that share parking spaces. Any shared parking reductions shall also be subject to the approval by the Land Development Official of appropriate legal instruments to ensure the permanent availability of off-street parking for all uses. A. Shared Use Time of Day Factors: In order to determine the minimum required parking spaces in a mixed use development. apply the Time of Day factors provided below to the minimum required parking spaces as provided by Section 11.3 to each land use type in the mixed use development. for example, Total Req'd x Adjusted Total Overall Mon-Fri Use Time/Day Required Total Spaces Factor Rea'd 8AM-5 Office 191 x 96% 183 Retail 86 x 77% 66 368 PM Restaurant 181 x 66% 119 In the example above the time of day factors reduce the total number of required spaces by 90 from the minimum required per Section 11.3. The same calculation shall be repeated for each of the time periods found in the weekday and weekend tables below to determine the overall adjusted total number of spaces required by the development. Compare the calculations: the lesser is the minimum number of parking spaces that need to be provided. The Planning Commission shall make the determination as to whether this minimum will be sufficient to adequately serve the mixed use development upon the recommendation of the Land Development Official. 80% 99% 75% 60% 85% 85% 79% 96% 12% 37% 12% 65% 12am 41% 10% 62% (12 AM) 39% 96% 98% 11% 0% 0% -16- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 59% 62% 85% 49% 79% 96% 5% 0% 17% 10% 77% 32% 96% 98% 0% 0% 0% 18. Establish Section 11.6.5. Dimensions of Parkin!! Spaces and Aisles in Parkin!! Structures, and amend Section 11.6.2.A. Standard Parkin!! Spaces to differentiate surface parking spaces from structured parking spaces: 11.6.5. Minimum Dimensions of ParkinQ Spaces and Aisles in ParkinQ Structures. 450 8.5 18 13 21 600 8.5 18 18 22 900 8.5 18 22 22 Handicap accessible spaces shall be provided in accordance with Section 11.6.2.B. 1. Where fire lanes are required, the minimum aisle width shall be determined by the Fire Marshal. 2. Minimum parking space dimensions shall be provided exclusive of access drives, aisles, ramps or columns. All spaces shall be striped. 3. Minimum vertical clearance for all spaces shall be six feet. six inches (6'6"). When the facility serves a "place of public accommodation" as defined by the Americans with Disabilities Act. then a minimum vertical clearance of eight feet. two inches (8'2") shall be provided for van accessible spaces and along the vehicular route to the accessible spaces. and from the accessible spaces to the exit. 4. Maximum slope for parking floors shall not exceed five percent (5%). 5. Maximum slope for speed ramps shall not exceed fifteen percent (15%). 6. Parking spaces and access aisles for handicap accessible spaces shall be level and not exceed a two percent (2%) slope. 11.6.2.A. Standard Parking Spaces. All surface parking spaces shall be designed as standard parking spaces, except as otherwise expressly allowed or required herein. 19. Sec. 11.6.1.D. Pavement Requirements for Residential and Commercial Travel Ways and Spaces to clarify parking spaces must be on a paved surface in residential areas: 11.6.1 General -17- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE D. Pavement Requirements for Residential and Commercial Travel Ways and Spaces. 1: No person shall park any motor vehicle, trailer, or semi-trailer on the front. side or rear yard of any lot. improved with a single-family dwelling, zoned for residential use, except on a lawfully paved surface. 2. Unless otherwise expressly exempt under the provisions of this Zoning Ordinance, all off street parking and loading areas including aisles and entrances, shall be paved with durable dust-free hard surface, except as may be specifically authorized within the 100-year floodplain. Residential driveways shall be paved at least twenty feet (20') back from any public sidewalk or driveway apron. Beyond twenty feet alternate materials such as gravel, grasscrete or brick pavers that are designed to be driven upon may be used. Individual parking spaces shall be paved; provided however, that a two- foot section of the standard 18- foot commercial parking space may be unpaved if the area is landscaped and a raised curb stop is installed so that the front two feet of the vehicle may overhang the landscaped area. Off- street parking areas associated with public parks, open space areas and driveways for designated historic landmarks and within the H-l Overlay District shall be eligible for a waiver from the pavement requirements of this section. The applicant must request the waiver in a letter attached to the application. To grant a waiver or modification the Zoning Administrator must determine that actual pavement is not necessary in the particular case. The Zoning Administrator Land De'/elopment Official shall set forth in writing the reasons for such determination. 20. Sec. 11.9 Number of Off-Street Loadin!! Spaces Required for banks and offices: 11.9 Number of Off-Street Loading Spaces Required Notwithstanding the loading requirement set forth below, in no instance shall more than five (5) off-street loading spaces be required for any given use or building. Residential Uses Institutional and Community Service Uses Hospitals, nursing homes, and similar health care uses shall provide one standard loading space for the first 10,000 square feet of gross floor area plus one space for each additional 100,000 square feet of floor area. Schools and other institutional and community service uses which include a food service facility shall provide one standard loadin s ace. , Offices, and Similar Us include an accessory food eone . 20,OOO.w,goo -18- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE Eating Establishments 21. Sec. 12.2.3 Contents of Landscape Plan to clarify language regarding condition of plant material: 12.2.3 Contents of Landscape Plan A landscape architect, landscape designer or landscape contractor shall prepare every landscape plan required by this article. All landscape plans shall contain the following information: Existing Vegetation. Any existing vegetation proposed to be saved which meets the conditions of Sec. 12.3.2 shall be identified by name, quantity, condition and size. Methods of protecting the vegetation shall be illustrated or explained on the Erosion and Sediment Control Plan. The true extent of the existing tree canopy shall be illustrated. 22. Sec. 12.4.1 Street Tree Applicability to permit street trees to be planted in front yards in certain cases: 12.4.1 Street Tree Applicability Street tree planting is required any time a street is constructed, extended or widened, including any capital improvement projects, and all development applications, including Site Plan Waiver, and for all development and redevelopment within the corporate limits except as specifically modified during the rezoning process. This requirement shall apply to all zoning districts. Street trees shall be located within the required front yard or public rights-of-way based on a recommendation by the Urban Forester. However, if the exeept vmere the Land Development Official and the Director of Public Works determine that unacceptable conflicts with public facilities will result then street trees must be planted within the required front yard. 23. Sec. 12.4.3 Number (Street Trees) to revise spacing for understory trees: Sec. 12.4 Street Trees 12.4.3 Number One (1) tree shall be provided for every forty (40) feet of street frontage. In the case of capital improvement projects for public streets, one (1) tree should be provided for every forty (40) feet of street frontage; however, in no case shall there be a net loss in -19- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE the number of trees in the area improved. In cases where street trees are planted under or near overhead utility lines and understory trees are required per Sec. 12.4.2.C, one (1) tree should be provided for every thirty (30) feet of street frontage. 24. Sec. 12.6.1 Applicability (Interior Parking Lot Landscaping): Sec. 12.6 Interior Parking Lot Landscaping 12.6.1 Applicability The requirements of this section shall apply to the construction or enlargement of any parking lot with sixteen (16) or more parking spaces. Such landscaping shall be in addition to perimeter parking lot landscaping, street tree planting and screening. A. The requirements of this section shall specifically not apply to vehicle sales facilities. B. The Land Development Official shall have the authority to waive or modify interior parking lot landscaping requirements for a public law enforcement facilities when it is determined that such landscaping is in conflict with security measures for that facility. A request for modification, waiver or reduction of interior parking lot landscaping requirements by the Land Development Official shall be in writing and shall state the reasons for granting the request. 25. Sec. 12.7.1 to clarify when the LDO must make a recommendation to the B.A.R. regarding perimeter parking lot modification requests: Sec. 12.7 Modified Parking Lot Landscaped Standards 12.7.1 Properties within the H-1 Overlay District A. Landscape Area Adjacent to a Public Street. The Land Development Official may waive or reduce the requirement for a landscape area as described in Sec. 12.5 when the required ten (10) foot area would serve no useful purpose, would result in a hardship to the property owner and a suitable screening alternative has been provided where necessary. Alternative screening such as architectural walls may be permitted when approved by the Board of Architectural Review. Any such modification shall be issued by the Land Development Official before an application may be considered by the Board of Architectural Review on the subject property. The modification shall be in writing and shall set forth the reasons for granting the modification. 26.Sec. 12.8.4 Land Use Cateeories to add "bank with drive-through" to Cc list: -20- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE Sec. 12.8 Buffers and Screening 12.8.4 Land Use Categories For the purpose ofthis article, existing and proposed land uses are divided into four major land uses categories: residential, institutional, commercial and industrial. Each category is subdivided to reflect the intensity of the proposed use. For instance, the residential category is divided into single-family detached, single-family attached and multi-family residential. In those instances where a proposed or existing use is not listed below, the Zoning Administrator shall decide which land use category is applicable. If the adjacent property is vacant the property shall be assumed to be the land use recommended in the Land Use Element of the Town Plan. A. Residential 1. Ra - Single-family detached and duplexes 2. Rb - Single-family attached (townhouses) 3. Rc - Multi-family residential B. Institutional 1. Ia - Low Intensity uses including libraries, post offices, churches and public parking lots, schools, child care centers, active parks and recreation facilities, W &OD Trail. 2. Ie - Emergency Services including hospitals and fire and rescue stations C. Commercial 1. Ca -Offices and general retail uses under 10,000 square feet gross floor area 2. Cb -Offices and General retail uses over 10,000 square feet gross floor area and minor utilities 3. Cc -Hotels and motels, fast-food restaurants, convenience grocery stores, banks with a drive-through window. vehicle sales and service, monopole and transmission tower telecommunication facilities, and the airport 27. Sec. 12.8.5.A to clarify when the LDO must make a recommendation to the B.A.R: 12.8.5 Modification of Screening and Buffer-Yard Requirements A. Properties in the H-1 Overlay District. Buffer-yards may be reduced or eliminated at the discretion of the Land Development Official for development plans or subdivisions in the H-l Overlay District. An opaque screen accomplished through the construction of architectural features, walls or the planting of vegetative materials may be required as a substitute for all or a portion of the required buffer-yard. The Board of Architectural Review must approve the non- vegetative, architectural these screens, if any. Any such modification shall be issued by the Land Development Official before an application may be considered by the Board of Architectural Review on the subject property. The modification shall be in writing and shall set forth the reasons for granting the modification. -21- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 28. Sec. 12.8.8 to reduce the setback for dumpsters in urban areas: 12.8.8 Dumpster Screening Trash dumpsters and other waste/recycling containers serving multi-family or nonresidential uses shall be completely screened from view off-site. A. Design and Other Specifications. Dumpsters or other trash receptacles shall be screened from public view on 3 sides by a solid wall at least 6 feet in height and on the fourth side by a solid gate at least 5 feet in height. The gate and wall shall be maintained in good working order and shall remain closed except when trash pick-ups occur. The wall and gate shall be architecturally compatible with other buildings and structures on the site. B. Setbacks. All enclosures shall be located a minimum of twenty-five (25) fifty (50) feet from residential zoning districts, provided that the Zoning Administrator shall be authorized to approve reduced setbacks when site size or other conditions prevent compliance with this setback 29. Sec. 12.11 Outdoor Li2htin2 to add exceptions: Sec. 12.11 Outdoor Lighting All development shall comply with the outdoor lighting standards of the Design and Construction Standards Manual, including the standards of Article 7 and the following provlSlons: A. Light poles in all parking lot areas shall not exceed a maximum height of 25 feet including the base. Light poles shall not be permitted on the top deck of parking structures. B. A lighting plan shall be provided that indicates all outdoor lighting fixtures exclusive of street lights will not have a source of illumination that is visible beyond the site or cause illumination of adjacent properties in excess of 0.5 foot-candles, as measured at the site boundary. C. All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and all light fixtures on buildings shall be full cut-off fixtures with the exception that lantern-style lig;hts and acorn lights which may be modified cut-off fixtures. 30. Sec. 18.1 Definitions to add a definition for "Tent": 18.1.177.1 Tent A collapsible moveable shelter consisting of a cover made of canvas, fabric, plastic or other material stretched over a supporting framework of poles that may be used as a -22- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE temporary building and not intended for living quarters. Tents shall not be used as permanent structures for any purpose. 31. Sec. 5.2.2 District Use Re2ulations (R-l) to add a "dog park" use: 5.2.2 Use Regulations Uses are allowed in the R-l District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. 32. Sec. 6.5.2 District Use Reeulations (B-3) to add a "dog park" use: 6.5.2 Use Regulations Uses are allowed in the B-3 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and -23- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. 33. Sec. 9.3.6.1 D02 Park Use Standards to establish standards for a dog park: 9.3.6.1 DOQ Park Use Standards A. A minimum buffer of 1.000 feet is required from residential uses: B. The off-leash dog area is for dogs, their handlers and those accompanying them. No other use is allowed: C. All dogs must be legally licensed and vaccinated, and shall wear a visible dog license: D. Dogs under four (4) months of age and female dogs in heat are prohibited: E. Dogs must be on leash when entering and exiting the off-leash dog area: F. Dogs must be under the control of their handler and in view of their handler at all times: G. Spiked collars are prohibited: H. Children 8 years and under are not allowed in the off-leash dog area: all children up to the age of 14 must be accompanied by an adult: I. Handlers must be 16 years of age or older: J. Handlers must have possession of the dog lease at all times: K. Handler is limited to a maximum of two dogs: L. Handlers must remove any dog waste and fill any holes dug by dogs under their control: M. Food and drinks in glass containers are prohibited: training treats are allowed: N. Dogs must be removed from the off-leash dog area at the first sign of aggression: O. No animals other than dogs shall be permitted in the area: P. There shall be information posted at the dog park that clearly indicates that handlers are responsible for any injuries caused by the dog(s) under their control: Q. There shall be information posted at the dog park that clearly indicates users of the facility do so at their own risk and that the Town of Leesburg shall not be liable for any injury or damage caused by any dog in the off-leash area: and R. The park must be fully enclosed by adequate fencing that dogs cannot dig under or jump over, and gates must be secure. -24- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 34. Sec. 11.3 Number ofParkin2 Spaces Required to establish a standard for a "dog park": 11.3 Number of Parking Spaces Required All uses shall be subject to the minimum off-street parking requirements established in this section unless modified parking standards are included as a proffer or as a condition of the approval of a special exception or conditionally permitted use, or otherwise modified by provisions of this Zoning Ordinance. Pursuant to the process outlined in Section 3.18 ofthis ordinance, these parking requirements may be modified by the Town Council. um or Stadium Church or Place of Worship 1.0 er four seats desi n ca aci . 1.0 per four seats design capacity of the principal place of worship; provided, however, that the number required may be provided on an off-site public or private parking lot which is accessory to another use which is not open or operating during the time of weekend services if such parking lot is within 500 feet of the place of worship and sufficient spaces are available without charge by ermission of the owners of the lot. per three members, based on maximum an mbershi . 35. Sec. 18.1 42.1 Dog Park to establish a definition for "dog park": 18.1.42.1 DOQ Park A dog park is a contained public area where dog owners may allow their dogs to run off-leash. A dog park must be located on publicly owned or leased land and is not intended as a private commercial use. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. 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 the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage and shall apply to all new land development applications accepted after the effective date.. -25- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE PASSED this 27th day of May 2009. ~~~ C. msta d, ayor Town of Leesburg