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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 -2- 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. -3- 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