HomeMy Public PortalAbout2013_04_23_O010 Amending Article 9 and 18 of the ZO re Neighborhood Convenience CentersThe Town of
Leesburg,
Virginia
ORDINANCE NO.: 2013 -0 -010
PRESENTED April 23, 2013
ADOPTED: April 23, 2013
AN ORDINANCE: AMENDMENTS TO ARTICLE 9 AND ARTICLE 18 OF THE
LEESBURG ZONING ORDINANCE TO REVISE THE
DEFINITION PERTAINING TO AND THE USES THAT ARE
PERMISSIBLE TO BE INCLUDED AS PART OF A
NEIGHBORHOOD RETAIL CONVENIENCE CENTER
WITHIN PLANNED DISTRICTS
WHEREAS, the Neighborhood Retail Convenience Center is a use permitted by
right in the PRN - Planned Residential Neighborhood District when listed in the
ordinance approving the concept plan and establishing the district; and
WHEREAS, the Neighborhood Retail Convenience Center use was established as
part of the initial establishment of planned districts within the Leesburg Zoning
Ordinance under Ordinance 84 -0 -18 approved May, 23, 1984; and
WHEREAS, the permitted uses within a Neighborhood Retail Convenience
Center were first established in 1984 under Ordinance 84 -0 -18 and have remained
unchanged through subsequent amendments to the Leesburg Zoning Ordinance to this
day; and
WHEREAS, changes in market forces, technology and commercial and service
demands by residents of the Town unforeseen in 1984 have made it the best interest of the
Town Council to consider amending the types of uses that are appropriate for inclusion as
part of a Neighborhood Retail Convenience Center in order to secure the economic
viability of and adequate neighborhood -scale service provisions of such centers within the
Town to create more efficient and livable neighborhood; and
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AN ORDINANCE: AMENDMENTS TO ARTICLE 9 AND ARTICLE 18 OF THE
LEESBURG ZONING ORDINANCE TO REVISE THE
DEFINITION PERTAINING TO AND THE USES THAT ARE
PERMISSIBLE TO BE INCLUDED AS PART OF A
NEIGHBORHOOD RETAIL CONVENIENCE CENTER WITHIN
PLANNED DISTRICTS
WHEREAS, Town Council initiated a zoning ordinance amendment to consider
amendments to the Neighborhood Retail Convenience Center use on January 8, 2013; and
WHEREAS, the Planning Commission held a public hearing on the proposed
amendments on March 21, 2013 and forwarded the amendments provided herein to the
Town Council with a recommendation of approval; and
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice require the proposed amendments.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
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:
9.3.16 Neighborhood Retail Convenience Center
A. Centers may be comprised of a collection of stores including
and a mix of retail, service, foRaaslal and lesal office uses- and may include, but
are not limited to, convenience food store, pharmacy (without drive - through
facility), grocery store, eating establishment, eating establishment fast food
(without drive - through facility), child care center, recreation facility (gymnasium,
exercise and weight room facilities, martial arts studio, etc.), exercise studio,
dance studio, retail use, mailing services, personal service establishments, and,
bank without drive -in facility:
1. Total building floor area of a Neighborhood Retail Convenience Center
shall be established at the time of rezoning and shall not exceed 40,000
square feet gross floor area.
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AN ORDINANCE: AMENDMENTS TO ARTICLE 9 AND ARTICLE 18 OF THE
LEESBURG ZONING ORDINANCE TO REVISE THE
DEFINITION PERTAINING TO AND THE USES THAT ARE
PERMISSIBLE TO BE INCLUDED AS PART OF A
NEIGHBORHOOD RETAIL CONVENIENCE CENTER WITHIN
PLANNED DISTRICTS
2. No single use or business shall occupy more than 15,000 square feet of
the total gross floor area of a Neighborhood Retail Convenience Center.
3. Any use proposed in excess of the maximum gross floor area provided
herein must be approved by special exception.
4. No drive - through uses shall be permitted in a Neighborhood Retail
Convenience Center. Other uses not permitted include; appliance repair
stores, variety department stores, radio and television repair shops,
veterinary hospitals, emergency care facilities, movie theaters, furniture
repair, outdoor storage, vehicle sales and /or rental facility, and vehicle
and or equipment service facility.
B. Automobile service stations shall only be permitted by special exception, and in
conjunction with other non - automobile related commercial uses.
B-: C. The center shall provide landscaped open space necessary to effectively
buffer parking, service areas and building mass from adjacent residential uses
and public roads.
18.1.113 Neighborhood Retail Convenience Center
Neighborhood - efiented- Fetal Retail Convenience Center uses established
within Planned Districts are intended to serve the daily shoppinq and
personal service needs of surrounding residential areas within a market
area generally extending in a one mile radius, or 3,000 households. typisally
SECTION II This ordinance shall be effective upon its adoption.
no
AN ORDINANCE: AMENDMENTS TO ARTICLE 9 AND ARTICLE 18 OF THE
LEESBURG ZONING ORDINANCE TO REVISE THE
DEFINITION PERTAINING TO AND THE USES THAT ARE
PERMISSIBLE TO BE INCLUDED AS PART OF A
NEIGHBORHOOD RETAIL CONVENIENCE CENTER WITHIN
PLANNED DISTRICTS
PASSED this 23`d day of April, 2013.
p
C. VmstaittCd, Mayor
Town of Leesburg
P: \Ordinances\2013 \0423 Amending the ZO re Neighborhood Retail Convenience Centers.doc