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HomeMy Public PortalAbout2016_08_09_O019 Amending the ZO for Flex Industrial Uses The Town of Leesburg, Virginia PRESENTED: August 9, 2016 ORDINANCE NO.: 2016-0-019 ADOPTED: August 9, 2016 AN ORDINANCE: AMENDING ZONING ORDINANCE SECTIONS 6.7, 9.2, 9.8. AND 18.1 TO ADD A NEW DEFINITION "FLEX INDUSTRIAL/BUSINESS PARK", ADD USE STANDARDS, INCLUDE FLEX INDUSTRIAL /BUSINESS PARK IN APPLICABLE USE TABLES, AND INCLUDE TERMS AND DEFINITIONS FOR USES THAT ARE ACCEPTABLE IN A FLEX INDUSTRIAL/BUSINESS PARK WHEREAS, the Town Council initiated zoning text amendment TLOA-2016-0005 on February 23, 2016 to consider ways to enhance Flex Industrial development in I-1 Districts; and WHEREAS, a duly advertised Planning Commission public hearing was held on June 16, 2016; and WHEREAS, at the July 7, 2016 meeting, the Planning Commission recommended approval of these amendments to the Zoning Ordinance to the Town Council; and WHEREAS, the Town Council held a duly advertised public hearing on these amendments on August 9, 2016; and WHEREAS, the Council has concluded that the approval of these amendments to the Zoning Ordinance would be in the public interest and in accordance with sound zoning and planning principles. The Council of the Town of Leesburg, Virginia hereby ORDAINS: SECTION I. The zoning text amendments contained in TLOA 2016-0005 - Flex Industrial, is hereby approved; and SECTION II. 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: -2- AN ORDINANCE: AMENDING ZONING ORDINANCE SECTIONS 6.7, 9.2, 9.8. AND 18.1 TO ADD A NEW DEFINITION "FLEX INDUSTRIAL/BUSINESS PARK", ADD USE STANDARDS, INCLUDE FLEX INDUSTRIAL /BUSINESS PARK IN APPLICABLE USE TABLES, AND INCLUDE TERMS AND DEFINITIONS FOR USES THAT ARE ACCEPTABLE IN A FLEX INDUSTRIAL/BUSINESS PARK Sec. 18.1 Terms Defined 18.1.64.1 Flex Industrial/Business Park A cohesive development comprised of one or more flexible space buildings with a compatible mixture of light industrial facilities and other principal or accessory commercial, office, and/or civic/institutional uses. ADDITIONAL TERMS 18.1.5.1 Adult Day Care Center A nonresidential facility, subject to Title 63.2. Welfare (Social Services) of the Code of Virginia, as amended, and licensed by the Virginia Department of Social Services, that provides a variety of health, social, and related support services in a protective setting during part of the day for four or more aged, infirmed, or disabled adults who reside elsewhere. 18.1.31.1 Commercial Bakery or Kitchen An establishment designed for individual or shared baking, preparation, and/or cooking of food intended primarily for off-site consumption or sales. 18.1.33.1 Community Center, Senior Citizen A publicly or privately owned facility used for and providing cultural, social, educational, or recreational programs and activities for members of the population that are age sixty (60) or older. 18.1.42.1 Distillery A site devoted to the production, warehousing, and distribution of alcohol or spirits. 18.1.59.1 Event Rental A business devoted to renting or leasing party or event items including but not limited to: tables, chairs, tents, serving supplies, and decorations. This use also includes warehousing and storage of event inventory. 18.1.59.1 18.1.59.2 Exercise Studio A commercial establishment that provides instruction on personal fitness in a classroom style setting. 18.1.84.1 Industrial, Light Activities including, but not limited to: production, processing, assembly, service/repair, distribution, warehousing, and scientific/technological use of processed or previously prepared elements and/or relatively small quantities of raw materials for consumption. Such uses are -3- AN ORDINANCE: AMENDING ZONING ORDINANCE SECTIONS 6.7, 9.2, 9.8. AND 18.1 TO ADD A NEW DEFINITION "FLEX INDUSTRIAL/BUSINESS PARK", ADD USE STANDARDS, INCLUDE FLEX INDUSTRIAL BUSINESS PARK IN APPLICABLE USE TABLES, AND INCLUDE TERMS AND DEFINITIONS FOR USES THAT ARE ACCEPTABLE IN A FLEX INDUSTRIAL/BUSINESS PARK generally characterized as more consumer-oriented and/or less adversely impactful on the environmental when compared to heavy industrial activities. 18.1.102 Mailing Service Retail sales or business service establishment to facilitate the transmittal and receipt of letter, bulk and packaging mail along with other ancillary uses such as mailbox leasing, office solutions (e.g. fax, print, or internet services), and freight forwarding (e.g. sorting and distribution). 18.1.104 Reserved Media Studio An enterprise designed for broadcasting radio, internet, or television programs or a facility providing for audio or video recording of musical performances, radio or television programs, or motion pictures. This term does not include any exterior telecommunication appurtenances. 18.1.190.1 Tool or Equipment Rental Establishment An establishment providing for the temporary rental of hand tools, lawn and garden equipment party supplies, and similar goods and equipment, including storage and incidental maintenance. This term does not include vehicles or any heavy equipment that requires outdoor storage such as trailers, bulldozers, tractors, etc. 18.1.192.1 Trade Contractor An establishment that specializes in the installation and servicing of items such as air conditioners, electrical equipment, flooring, heating, painting, plumbing, roofing, tiling, ventilation; performs a specific aspect of construction/demolition, such as carpentry; or performs lawn maintenance services. 18.1.203.1 Wholesale Sales/Showroom A place of business primarily engaged in selling and/or distributing merchandise, in gross, to retailers; industrial, commercial, institutional, or professional business users; or to other wholesalers; and in limited instances, incidental sales to the general public. Sec. 6.7 I-1, Industrial/Research Park District 6.7.1 Description The I-1, Industrial/Research Park District is established solely to accommodate previously approved industrial/research park development and to permit reasonable development of lands within existing I-1 Districts until such time as those lands are rezoned to classifications that are consistent with the Town Plan. The I-1 District is not intended to be available for future rezonings, nor as a means of expanding the boundaries of existing I-1 Districts. 6.7.2 Use Regulations Uses are allowed in the I-1 District in accordance with the following table... -4- AN ORDINANCE: AMENDING ZONING ORDINANCE SECTIONS 6.7, 9.2, 9.8. AND 18.1 TO ADD A NEW DEFINITION "FLEX INDUSTRIAL/BUSINESS PARK", ADD USE STANDARDS, INCLUDE FLEX INDUSTRIAL /BUSINESS PARK IN APPLICABLE USE TABLES, AND INCLUDE TERMS AND DEFINITIONS FOR USES THAT ARE ACCEPTABLE IN A FLEX INDUSTRIAL/BUSINESS PARK I-1 Uses Use Use Standards Definition Commercial Uses I Exercise Studio,in existing building only I P I Sec. 18.1.59.1 1 Flex Industrial/Business Park I S Sec.9.8 ISec. 18.1.64.1 I Heliport © I Sec. 18.1.77 Sec. 9.2 Use Table RR R R R R R OBBBBI Use Use Type E 1 2 4 p 8 6 2 1 1 2 3 4 1 Standard P=Permitted by Right S=Special Exception Approval Required(Sec. 3.4) Commercial Uses Electronic Data Storage ILI��I II uII II II II liL1 Center u uuuuu Emergency care facility ❑[QI-iQEil==QQ S� SQ SQ©©❑ Flex IndustriallBusiness LialiLLILLILLilluuIA Sec.9.8 Park Funeral home OOQuu1O1=1= 11 —� Crematorium(Accessory to a IwiLLILLILLLISISJ❑LSec.9.3.6.1.6.1 Funeral Home) Sec. 9.8 Flex Industrial/Business Park 9.8.1 Purpose and Intent The purpose of this section is to facilitate economic development in the I-1 (Industrial/Research Park) Zoning District and provide opportunities for employment generation through the development of a business park with a broader range of commercial, light industrial, limited retail, limited dining, and civic/institutional uses than is presently permissible in the I-1 District. Furthermore, this added flexibility is intended to provide property owners the ability to more efficiently attract businesses, adapt to changes in local and regional markets, and/or create the necessary synergy to enhance the economic base of the Town while functioning in a structured, -S- AN ORDINANCE: AMENDING ZONING ORDINANCE SECTIONS 6.7, 9.2, 9.8. AND 18.1 TO ADD A NEW DEFINITION "FLEX INDUSTRIAL/BUSINESS PARK", ADD USE STANDARDS, INCLUDE FLEX INDUSTRIAL BUSINESS PARK IN APPLICABLE USE TABLES, AND INCLUDE TERMS AND DEFINITIONS FOR USES THAT ARE ACCEPTABLE IN A FLEX INDUSTRIAL/BUSINESS PARK unified manner with minimal modifications to the established development. Such development is intended to be compatible with its adjacent surroundings and function in a much less adverse manner compared to heavy industrial nodes and high intensity developments. 9.8.2 Special Exception Approval The flex industrial/business park use shall be permitted only in accordance with the Special Exceptions procedures of Section 3.4 of the Zoning Ordinance. However, the option to waive or modify use standards as provided in Section 3.4.13, Compliance with Use Standards, shall not apply to the general standards or any use standards contained in this Section. Any use not listed in Section 9.8.4 that is permissible in the I-1 (Industrial/Research Park) Zoning District, only by special exception approval, may be requested independently of, or concurrently with, a flex industrial/business park use request subject to Section 6.7.2 Use Regulations. 9.8.3 General Standards The standards below shall apply to all flex industrial/business park developments: A. Lot Area The minimum lot size for such development shall be five (5) acres. This may be achieved on an individual tract or a combination of tracts. B. Building Height Buildings shall not exceed two (2) stories or fifty (50) feet in height. C. Architecture Flex industrial/business park developments shall be compatible with the character of the adjacent area. When such developments include multiple buildings, all buildings must be homogenous in their architectural design. Materials such as brick, fiber cement siding, stone, wood, stucco and similar natural or man-made materials are generally appropriate. Selection of materials should be based on the established architecture of the context of the area where the business park is located. D. Signage The applicant shall develop a comprehensive sign plan establishing a uniformed signage scheme for the development. The types of signs permitted in a Flex Industrial /Business Park comprehensive sign plan shall be limited to the following sign types: monument signs; wall signs; awning/canopy signs; window signs only for the display of information described in Sec. 15.4.8 Open/Hours of Operation Sign or Flag; street numbers; and other signs types commonly used for internal wayfinding, as approved by the Zoning Administrator. -6- AN ORDINANCE: AMENDING ZONING ORDINANCE SECTIONS 6.7, 9.2, 9.8. AND 18.1 TO ADD A NEW DEFINITION "FLEX INDUSTRIAL/BUSINESS PARK", ADD USE STANDARDS, INCLUDE FLEX INDUSTRIAL /BUSINESS PARK IN APPLICABLE USE TABLES, AND INCLUDE TERMS AND DEFINITIONS FOR USES THAT ARE ACCEPTABLE IN A FLEX INDUSTRIAL/BUSINESS PARK E. Parking, Loading, Vehicular Access, and Pedestrian Areas 1. Flex industrial/business park uses must have access to a road classified as a minor arterial or higher Town Plan transportation functional classification without having to travel through a residentially zoned district. 2. Screened loading areas may be used for parking or outdoor storage of accessory equipment such as generators, HVAC equipment, nitrogen tanks, and antennae. F. Outdoor Storage and Loading 1. Outdoor storage shall be restricted to use by current tenants/leaseholders of the subject property only. 2. No storage of any kind shall be permitted within any front yard. 3. All outdoor storage areas shall be limited to only those areas designated for outdoor storage on an approved special exception plat. G. Hazardous Materials The use, storage, and disposal of hazardous materials must meet all applicable federal, state and local codes. 9.8.4 Permitted Uses A. The following uses may be included as permissible uses under the umbrella of the flex industrial/business park development, if approved as part of the special exception ordinance for the subject property: Table 9.8.4 Allowable Uses in Flex Industrial/Business Park Developments 11j I LIGHT INDUSTRIAL USES Use J[ Use Standards I[ Definition Antennas[81 Sec.9.3.26 Sec. 18.1.7 Aviation support/dependent uses Commercial bakery or kitchen Sec. 18.1.31.1 Diagnostic laboratory 141 1 ',Sec. 18.1.42 Distillery[111 ISec. 18.1.42.1 I Distribution Facility Sec.9.3.32 'Sec. 18.1.43 Electric and/or plumbing supply[51 I Sec.9.3.10 Electronic Data Storage Center[12j I Sec. 18.1.57 Event rentals Sec. 18.1.59.1 I -7- AN ORDINANCE: AMENDING ZONING ORDINANCE SECTIONS 6.7, 9.2, 9.8. AND 18.1 TO ADD A NEW DEFINITION "FLEX INDUSTRIAL/BUSINESS PARK", ADD USE STANDARDS, INCLUDE FLEX INDUSTRIAL /BUSINESS PARK IN APPLICABLE USE TABLES, AND INCLUDE TERMS AND DEFINITIONS FOR USES THAT ARE ACCEPTABLE IN A FLEX INDUSTRIAL/BUSINESS PARK Table 9.8.4 Allowable Uses in Flex Industrial/Business Park Developments(11 . I LIGHT INDUSTRIAL USES Fire and/or rescue facility Sec. 18.1.64 Lumber and/or building material sales[51 Sec.9.3.13 ISec. 18.1.101 I Mailing Services ISec. 18.1.102 I Media Studio[81 I 'Sec. 18.1.104 Microbrewery Sec.9.3.13.1 I Sec. 18.1.104.1 Mini-warehouse facility ISec.9.3.14 Sec. 18.1.105 Office ISec.9.3.17.1 ISec. 18.1.121 Printing and/or publication ISec. 18.1.148 I Production Sec.9.3.22 Sec. 18.1.150.1 Public utility,minor Sec.9.3.31 Sec. 18.1.154 Research&Development[41 Sec.9.3.22 Sec. 18.1.157 School,special instruction Sec.9.3.23 Sec. 18.1.164 School,technical Sec.9.3.23.1 Sec. 18.1.165 I Tool/equipment rentals Sec. 18.1.190.1 Trade contractors Sec. 18.1.192.1 Vehicle and/or equipment service facility[91 Sec.9.3.29 Sec. 18.1.197 (Warehouse Sec.9.3.32 Sec. 18.1.199 Wholesale sales/showroom[101 I Sec. 18.1.203.1 I NON-LIGHT INDUSTRIAL USES Adult day care Sec. 18.1.5.1 I Arts Center Sec. 18.1.11 Bank without drive-in facility Sec. 18.1.14 Club Sec. 18.1.30 Community Center, Senior Citizen[131 Sec. 18.1.33.1 Conference center[21 I Sec. 18.1.37 Convenience food store[31 Sec.9.3.8 Sec. 18.1.39 Dance studio Sec. 18.1.40.1 Eating establishment without drive-in facility I Sec.9.3.9 Sec. 18.1.54 Exercise studio Sec. 18.1.59.2 Mailing Services Sec. 18.1.102 Media Studio[81 Sec. 18.1.104 I Museum Sec. 18.1.111 I Office ISec.9.3.17.1 ISec. 18.1.121 I Pharmacy Sec. 18.1.139 I -8- AN ORDINANCE: AMENDING ZONING ORDINANCE SECTIONS 6.7, 9.2, 9.8. AND 18.1 TO ADD A NEW DEFINITION "FLEX INDUSTRIAL/BUSINESS PARK", ADD USE STANDARDS, INCLUDE FLEX INDUSTRIAL BUSINESS PARK IN APPLICABLE USE TABLES, AND INCLUDE TERMS AND DEFINITIONS FOR USES THAT ARE ACCEPTABLE IN A FLEX INDUSTRIAL/BUSINESS PARK Table 9.8.4 Allowable Uses in Flex Industrial/Business Park Developments ill I LIGHT INDUSTRIAL USES I Place of worship Sec. 18.1.141 Printing and/or publication Sec. 18.1.148 I Recreation facility[61 Sec.9.3.21 ISec. 18.1.156 Retail[7} I Sec. 18.1.159 School,special instruction Sec.9.3.23 Sec. 18.1.164 Services,personal Sec.9.3.19 Sec. 18.1.168 Veterinary hospital Sec.9.3.30 Sec. 18.1.198 I Note:[n]corresponds to additional use standards provided in 9.8.4.6 B. Use Standards 1. Unlisted uses that are similar to the approved by-right uses under the umbrella of an approved flex industrial/business park development will be subject to Sec. 9.1.4, Unlisted Uses. 2. Conference centers shall not include any lodging. 3. A convenience food store shall be limited to a gross floor area of 2,000 square feet. 4. Activity involving infectious or hazardous materials, subject to Biosafety Level 3 (BSL-3) or Biosafety Level 4 (BSL-4) best management protocols, per the Biosafety in Microbiological and Biomedical Laboratories (BMBL), current edition, shall not be permitted. 5. Such uses may be permitted with or without outdoor storage. 6. Recreational activities shall occur indoors only. 7. Any retail use, whether principal or accessory shall not exceed 5,000 square feet. Total retail uses shall not exceed 10%of the total gross floor area of the development. 8. Accessory telecommunication structures are subject to Sec. 9.3.26, Telecommunications Facilities. 9. Window tinting, audio installation, lawnmower repair, and similar services in this use category shall be conducted within a fully enclosed structure and shall not include outdoor storage of inoperable vehicles or discarded parts, liquids, or other substances. 10. Wholesalers may provide incidental retail sales provided, it is directly related to and supportive of an existing permitted use and subordinate to the principal wholesale sales use. 11. Distilleries shall comply with the applicable requirements of Sec. 9.3.13.1, Microbrewery, as determined by the Zoning Administrator. 12. No more than one building shall be used for a data center. 13. Residential uses are prohibited in these facilities. -9- AN ORDINANCE: AMENDING ZONING ORDINANCE SECTIONS 6.7, 9.2, 9.8. AND 18.1 TO ADD A NEW DEFINITION "FLEX INDUSTRIAL/BUSINESS PARK", ADD USE STANDARDS, INCLUDE FLEX INDUSTRIAL /BUSINESS PARK IN APPLICABLE USE TABLES, AND INCLUDE TERMS AND DEFINITIONS FOR USES THAT ARE ACCEPTABLE IN A FLEX INDUSTRIAL/BUSINESS PARK SECTION III. All prior ordinances in conflict herewith are hereby repealed. SECTION IV. 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 this ordinance. SECTION V. This ordinance shall be in effect upon its adoption. PASSED this 9th day of August,2016. rrig David S. Butler, Mayor Town of Leesburg AT, E" : t°4 " _ Clerk o o