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HomeMy Public PortalAbout2004_05_11_r073The Town of Leesburg, Virginia RESOLUTION NO. A RESOLUTION: PRESENTED: May 11, 2004 2004-73 ADOPTED: May 11, 2004 INITIATING CONSDERATION OF VARIOUS AMENDMENTS TO 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 11 PARKING, LOADING AND PEDESTRIAN ACCESS, ARTICLE 12 LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING AND ARTICLE 18 DEFINITIONS WHEREAS, on February 25, 2003 the Town Council adopted a comprehensive revision to the Zoning Ordinance; and WHEREAS, through daily use of the 2003 Zoning Ordinance items have been identified that should be amended to better clarify certain sections of that ordinance; and WHEREAS, additional uses and use limitations have been identified that will give more flexible commercial and residential opportunities to the citizens of Leesburg; and WHEREAS, consideration of these amendments will enhance the effectiveness of the existing Zoning Ordinance; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the proposed amendments; and THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following amendments are hereby initiated and referred to the Planning Commission for recommendation: 1. Amend Section 3.4.16 to permit acceptance of a preliminary or final development plan to prevent termination of a special exception use. A RESOLUTION: -2- INITIATING CONSIDERATION OF AMENDMENTS TO VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE Amend Sections 5.4.2, 5.5.2, and 5.7.2 to allow an "Extended Family Residence" as a special exception use. Amend Article 18 Definitions Sec. 18.1.57 to add a definition for "Extended Family Residence". 4. Amend Section 9.3. to include performance standards for an "Extended Family Residence". o 11. 12. 13. 14. 15. Amend Sections 6.1.2, 6.2.2, 6.4.2, 6.5.2 and 6.6.2 to make a chdd care center a by-right use in the O-1, 0-2, B-2, B-3 and B-4 Districts. Amend Section 6.4.3 to clarify that the Maximum Floor Area Ratio in the B-2 District is 0.3. Amend Section 8.3.2 to clarify that lots are intended instead of units in the footnote references. Amend Section 8.4.7 to clarify the open space requirement for an "infill" Planned Residential Community. Delete Section 8.4.5 Timing of Commercial and Employment Uses in a PRN District. Amend Section 9.2 to indicate Residential Cluster Development as a by-right use in the R-2, R-4, R-6 and R-8 Districts. Amend Section 9.3.4 to add a proximity limitation between by-right child care centers and residentially-zoned districts. Amend Section 9.3.13 Neighborhood Retail Convenience Center to add flexibility to when and how such centers are permitted. Amend Section 11.3 to revise the parking requirements for Nursery Schools or Child Care Centers. Amend Section 11.4.3 to specify that the payment in lieu parking option is not available for residential uses. Amend Section 12.4.1 to remove the restriction on planting street trees in the public rights-of-way. 16. Amend Section 12.4.4 to clarify the permitted location of street trees. A RESOLUTION: -3- INITIATING CONSIDERATION OF AMENDMENTS TO VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 17. Add a new section to Article 12 to describe minimum planting standards for trees in rights-of-way. . . 18. Amend Article 1 2 t o provide for fences, walls, berms a nd barriers a s p art o f required landscape and screening buffers with appropriate modification and waiver provisions. 19. Amend Section 12.8.2.G to clarify when additional buffeting is required adjacent to certain streets. SECTION Il. The Planning Commission shall hold a public hearing to consider these amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 22, Title 15.2-2204 of the 1950 Code of Virginia, as amended. ATTEST: PASSED this 11th day of May 2004. ~ C. U~stattd, 1V~ayor /" Town of Leesburg ZOAM 2004-0002 RESOLUTION