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Home My Public Portal AboutTLOA-2020-0008 Kiosk Zoning Ordinance Amendment Date of Meeting: November 19, 2020 TOWN OF LEESBURG PLANNING COMMISSION PUBLIC HEARING Subject: TLOA-2020-0008, Kiosk Zoning Text Amendment Staff Contact: Michael Watkins, CZA, Zoning Administrator Applicant: Amendments initiated by Town Council Proposal: This item is a remand of a portion of the 2017 Batch Amendments focused on use standards for Kiosks. Planning Commission Critical Action Date: February 27, 2021 Recommendation: Staff recommends that the Planning Commission approve use standards for Kiosks. Remand: This zoning text amendment was remanded back to the Planning Commission from the Town Council on October 27, 2020. Web Link: A comprehensive listing of all application documents is found on the Town website: https://www.leesburgva.gov/Home/Components/FacilityDirectory/FacilityDirecto ry/283/2362?backlist=%2fgovernment%2fdepartments%2fplanning- zoning%2fliam-interactive-applications-map Background: On an annual basis staff presents various zoning text amendments in a “batch” that primarily address changes necessary due to new amendments to the Code of Virginia, zoning interpretations made by the Zoning Administrator, correction of errors, proposes minor improvements to the usability of the ordinance, and includes minor requests by residents and business owners. This item addresses one remaining item from the 2017 Batch regarding “kiosks”. The Leesburg Premium Outlet Mall is subject to proffered rezoning applications, ZM-150 and TLZM-2013-0004. The associated proffers limit the maximum gross floor area on the property. With the construction of the existing buildings, the maximum gross floor area has been achieved. Without permits, several small accessory structures (“kiosks”) have been placed in interior common areas throughout the property. The kiosks are principally used for food vending, but are not considered mobile food units. Evidently, these structures have been on the property for a few years, and staff was made aware of these unpermitted structures due to a request for a business license. The Zoning Ordinance does not exempt accessory structures from the TLOA-2020-0008, Kiosk Zoning Ordinance Amendment Planning Commission Public Hearing Staff Report November 19, 2020 Page 2 of 5 calculation of gross floor area. As a result, these unpermitted “kiosks” are in violation of the proffered maximum gross floor area. In order to abate the violation and address the unique use of these accessory buildings, the term “Kiosk” and associated use standards were included in the 2017 Batch Amendments. The proposed text amendment for Kiosks includes specific use standards for this unique type of structure. The proposed use standards attempt to: 1. Define the structure as an accessory structure 2. Limit the accessory structure to certain zoning districts 3. Permit a maximum number of accessory structures based on developed building square footage 4. Establish a maximum size to avoid building permits 5. Establish hours of operation 6. Maintain an appropriate pedestrian environment 7. Limit signage 8. Require business licensing Because Kiosks are intended to be accessory structures (not having a permanent foundation), it was intended that they be exempt from the maximum building square footage. However, this exemption was not included in earlier versions of the draft text. The Planning Commission held its initial public hearing for the 2017 Batch Amendments on September 5, 2019. Subsequent work sessions were held on October 3, 2019 and December 19, 2019. A recommendation of approval, with no revisions to Kiosk use standards, was forwarded to Council by a vote of 7-0. A public hearing on the 2017 Batch Amendment was held by the Town Council on January 14, 2020. The Council took action to approve a majority of the batch items except for three item that they wanted to discuss further. Due to the COVID-19 pandemic this discussion was not scheduled until October 27, 2020. At the Town Council’s October 27, 2020 meeting, three remaining items from the 2017 Batch were discussed. Council remanded the use standards for Kiosks back to the Planning Commission requesting the Commission’s recommendation regarding three questions: 1. Should there be a maximum number of permitted kiosks? 2. Should there be a minimum amount of existing building square footage? 3. Where should kiosks be located? The proposed amendments were properly re-advertised for the November 19, 2020 Planning Commission Public Hearing. Proposed Amendments and Recommendations: Question 1: Should there be a maximum number of permitted kiosks? TLOA-2020-0008, Kiosk Zoning Ordinance Amendment Planning Commission Public Hearing Staff Report November 19, 2020 Page 3 of 5 Staff Analysis: The unpermitted accessory structures are located in the interior court yards of the Outlet Mall. They are not easily visible from a public right-of-way and can be easily relocated if necessary. The Outlet Mall was developed as a retail establishment and the uses occurring with the kiosks are complementary to those retail uses. The initial draft of the text amendments included a limitation on the number of units to maintain the structures as accessory uses and not overwhelm the sidewalks. However, more than five (5) kiosks may be accommodated with specific site design for the property in which they are proposed. Staff has no objection to increasing the number to 10 based on the scale of the outlet mall and the other use criteria regarding location, individual kiosk size, etc., in the proposed ordinance. It would make the maximum percentage of use devoted to kiosks for a 500,000 square foot shopping center just one-half of one percent (0.5%) of the total commercial area (10 kiosks x 250 s.f. = 2,500 s.f.). Staff Recommendation: The Planning Commission may want to consider the following recommendations regarding the number of permitted kiosks: 1. Maintain the current limitation of up to five (5) kiosks; or, 2. Increase the maximum number of kiosks to ten (10), as requested by the Outlet Mall; or, 3. Suggest an alternate limitation. Question 2: Should there be a minimum amount of permitted permanent buil ding square footage? Staff Analysis: The draft language includes a ratio of minimum building square footage to the number of permitted kiosks. This was done to permit some flexibility in the ordinance without being overly prescriptive. For reference purposes, the information below is a small sample of shopping centers and the associated building square footage:  Bellwood Commons (Starbucks/Melt) 72,000  Potomac Station (Giant/BestBuy): 160,000  Battlefield Shopping Center (Dicks/Staples) 333,000  Leesburg Premium Outlets 500,671  Village at Leesburg 812,000 Staff Recommendation: The Planning Commission may want to consider the following recommendations regarding the ratio of required gross floor area to the number of permitted kiosks: 1. Maintain the current ratios in the draft text; or 2. Raise the minimum gross floor area to 500,000 square feet 3. Suggest an alternate limitation. TLOA-2020-0008, Kiosk Zoning Ordinance Amendment Planning Commission Public Hearing Staff Report November 19, 2020 Page 4 of 5 Question 3: Should there be specific location requirements for Kiosks? Staff Analysis: The draft language addresses the location of kiosks with respect to maintaining an appropriate pedestrian pathway. However, some councilmembers expressed concerns regarding the lack of proposed location standards, specifically within parking lots. Staff Recommendation: Staff shares the same concern regarding kiosk locations and the potential to reduce available parking. A new use standard has been added which prohibits kiosks within parking facilities. In addition to questions asked by Council, the Planning Commission may want to offer a recommendation as to whether or not these structure should be exempt from the calculation of gross floor area. SECTIONS AMENDED BY THIS ORDINANCE AMENDMENT 9.4.9 Vending Kiosk A. Description. A vending kiosk is an enclosed accessory retail structure subordinate to other permitted principal uses on the property in the following districts: B-3 (Community Retail/Commercial District), B-4 (Mixed-Use Business District), CD-C (Crescent Design- Commercial), CD-CC (Crescent Design-Commercial Corridor), CD-MUO (Crescent Design-Mixed Use Option, and PRC (Planned Residential Community). B. Performance Standards. A Vending Kiosk is subject to the following performance standards: 1. Kiosks are not permitted in developments with less than 100,000 square feet of nonresidential gross floor area 2. The total number of kiosks shall not exceed three (3) for developments greater than 100,000 but less than 500,000 square feet of gross floor area. 3. The total number of kiosks for developments greater than 500,000 square feet of gross floor area shall not exceed five (5). 4. Individual kiosks shall not exceed more than 250 square feet in size and 12 feet in height. 5. Kiosks are prohibited within parking facilities. 6. Vending Kiosks shall only operate during the normal business hours of the shopping center in which they are located. 7. Vending Kiosks shall not be connected to public water and sewer. 8. Vending Kiosks shall maintain an adjacent pedestrian path of no less than six feet (6’) and shall not create obstructions to pedestrian paths as depicted on the approved site plan for the entire property. 9. Vending Kiosks shall be required to obtain all necessary Heath Department permits and display them in a prominent location. TLOA-2020-0008, Kiosk Zoning Ordinance Amendment Planning Commission Public Hearing Staff Report November 19, 2020 Page 5 of 5 10. Written consent of the shopping center management or property owner, a Town of Leesburg Zoning Permit, and a Town of Leesburg Business License shall be required to operate the Vending Kiosk. 11. The Zoning Permit shall include a scaled drawing of the shopping center depicting the location of the Vending Kiosk. 12. Kiosks may be permitted one attached non-illuminated sign no greater than 16 square feet in size. 13. Additional lighting or sound amplification is prohibited. Suggested Motions: Approval I move that Zoning Ordinance Amendment TLOA 2020-0008 Zoning Text Amendments for Kiosks be forwarded to the Town Council with a recommendation of approval, on the basis that the amendments contained in the November 19, 2020 Planning Commission Memo further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. - Or – Denial I move that Zoning Ordinance Amendment TLOA 2020-0008 Zoning Text Amendments for Kiosks be forwarded to the Town Council with a recommendation of denial, on the basis that the amendments do not further the objectives of the Town Plan and that the proposal will not serve the public necessity, convenience, general welfare and good zoning practice, based on the following findings: ________________________________. - Or - Alternate Motion: I move that Zoning Ordinance Amendment TLOA 2020-0008 Zoning Text Amendments for Kiosks be forwarded to the Town Council with the following recommendations: