Leesburg Planning Commission weighs parking rules, tree preservation and noise limits in zoning rewrite

The Leesburg Planning Commission on July 10 continued a work session on a zoning-ordinance rewrite, reviewing Article 4 — development standards — and spending most of its time on parking rules, the town’s long-running "payment in lieu" program for downtown parking, tree-preservation language, outdoor lighting rules and noise limits. Director David and Department of Community Development staff Mike Watkins and Brian Boucher led the presentation and took commissioners’ questions.

Why it matters: the proposed development standards will set the town’s rules for parking supply, when developers may pay fees instead of providing on-site spaces, how the town preserves trees and controls lighting and continuous noise — all items that affect downtown redevelopment, housing affordability and neighborhood livability.

Staff presentation and the scope of Article 4

Department staff told the commission Article 4 gathers development rules that apply to new development, redevelopment, expansions and changes of use. The draft adds parking ratios for every listed use, and for the first time proposes some maximums as well as minimums, staff said. The division also includes standards for pedestrian circulation, tree preservation and landscaping, sustainability incentives tied to a point system (which could yield density or height bonuses), outdoor lighting and noise limits.

Payment-in-lieu for downtown parking and the H1 overlay

Commissioners devoted the longest portion of the meeting to the town’s payment-in-lieu program, which lets qualifying projects near downtown pay a fee instead of providing all required on-site parking. "The payment in lieu only exists in the H1 Overlay District," Brian Boucher of the Department of Community Development said during the session.

Staff described the program’s current mechanics and history: the fee is charged per parking space, it has long been available to some downtown projects and is not intended for broad, unrestricted use away from the historic core. Boucher and Watkins told the commission there are limited exceptions that allow residential lots 4,000 square feet or smaller and certain multifamily projects within 500 feet of the downtown parking facility to use the option; staff said those exceptions could be re-evaluated at the commission’s request.

Commission discussion focused on whether the payment-in-lieu option helps preserve historic downtown buildings and encourage infill or whether it undermines residents’ access to parking. "It's to create new parking facilities in the downtown area. That's a sensible goal," Mike Watkins said when describing the program's intended public benefit. Commissioners urged clearer objectives and transparency about how payments are used: staff said the town’s payment-in-lieu fund currently holds roughly $400,000 (staff estimate) and that about 300 spaces have been purchased under the program since the 1980s. Staff cautioned that even if the fee were raised (staff said the council previously considered raising the fee from about $8,000 per space to $16,000), revenues at those levels would still cover only a small share of a structured parking facility’s cost.

Parking ratios, residential concerns and garage-credit rules

The proposed rewrite lists specific minimum parking requirements for use categories and, in some cases, introduces maximums for the first time. For multifamily housing the draft retains a minimum of 2.5 spaces per dwelling unit for 3-or-more-bedroom units, staff said. Commissioners raised several operational issues: whether garage spaces and tandem driveways should be counted as full spaces, how guest parking should be treated by homeowners associations, and whether some residential exceptions to the payment-in-lieu program should be removed. Staff confirmed the ordinance already limits payment-in-lieu availability in several ways and that relatively few parcels have used the residential exceptions to date.

Shared-use and mixed-use considerations

Commissioners asked how the parking table treats mixed-use developments and ancillary or accessory uses (for example, restaurants inside a hotel). Staff said the draft currently treats ancillary uses as part of the principal use’s parking calculation and that short-term accommodations are set at "one parking space per guest room plus one per four employees"; commissioners asked staff to add clearer cross-references and to consider a square-footage threshold for when an accessory or ancillary use stops being incidental and requires separate parking calculations.

Tree preservation, sustainability incentives and lighting

Division 19 (tree preservation, landscaping and buffering) remains substantial, staff said. The draft includes a placeholder for a tree-preservation section (19.2) while attorneys and staff review recent state law changes that affect local tree regulations. Staff said they will return with revised tree-canopy and maintenance language in a coming month. The sustainability incentives section proposes a point system to reward techniques such as native-species planting and low-impact development; points could be converted to incentives such as density bonuses.

On lighting, the draft generally requires fully shielded fixtures to reduce glare. Commissioners asked staff to ensure the rewrite cross-references sign and lighting rules and to clarify how string or decorative lights used on patios and rooftops will be treated. Staff said signs and lighting are being coordinated and that they will add clearer cross-references so the public can find applicable rules in the final draft.

Noise standards and measurement

Staff described a revision that separates continuous noise and impact (intermittent) noise and preserves decibel thresholds at the property line tied to land-use categories. Commissioners asked staff to clarify how long a sound must persist to be considered "continuous" and to provide examples and measurement protocols; they also asked staff to identify noise sources the town can regulate (for example, idling diesel refrigeration units, some types of 24-hour generators) and those it likely cannot (certain utility substations or federally regulated projects). Staff agreed to consult attorneys and return with clearer definitions and enforcement parameters.

Next steps and staff directions

Commissioners did not take formal votes on the substantive zoning provisions at the July 10 session. Staff recorded a set of follow-up tasks: circulate the staff report on payment-in-lieu history and fund balance; provide clearer ordinance cross-references for short-term accommodations and mixed uses; propose explicit rules or percentages for when an accessory or ancillary use becomes a principal use; clarify whether and how garages and tandem driveways count as parking spaces; update section 19.2 when state code guidance is final; add references on string lighting and outdoor lighting; solicit limited input from HOAs and multifamily developers on residential parking experience; and return with revised language at a subsequent meeting. Staff also noted the next work session item, Leesburg Gateway, is scheduled for July 17.

Ending

Commissioners said they want measurable objectives tied to the draft rules (for example, how payment-in-lieu funds will be used for structured parking), and asked staff to bring data and clearer definitions back to the body. Several commissioners said they were willing to retain the payment-in-lieu tool in the short term if staff can document its public benefits and limits; others advocated removing or restricting residential exceptions. Staff will return with revised language, additional data and suggested policy options for the commission’s deliberation.