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Home My Public Portal About2019_11_12_O018 TLOA-2019-0004; Amendments to Article 3 of the Zoning Ordinance to Address State Proffer Law ChangesThe Town of Leesburg, Virginia PRESENTED: November 12, 2019 ORDINANCE NO. 2019-0-018 ADOPTED: November 12, 2019 AN ORDINANCE: AMENDING ZONING ORDINANCE SECTION 3.3 TO REPEAL THE PROHIBITION OF ACCEPTANCE OF PROFFERS FOR REZONINGS WITH A RESIDENTIAL COMPONENT WHEREAS, in 2016 the Virginia General Assembly enacted Code of Virginia Section 15.2- 2303.4 which altered the legal definition of "reasonable" proffers offered with residential rezonings; changed how proffers can legally be evaluated by the Town when offered with residential rezonings; and increased the liability of the Town when dealing with proffers associated with residential rezonings; and WHEREAS, on July 11, 2017 the Town Council adopted Zoning Ordinance text and Town Plan amendments to comply with the new statute and, similar to other Virginia jurisdictions, to prohibit the acceptance of proffers for residential rezonings in certain areas of the Town; and WHEREAS, on February 21, 2019 the Governor signed Senate Bill 1373 which went into effect on July 1, 2019, and which amends Virginia Code Section 15.2-2303.4 to improve the ability of localities to negotiate proffers for residential rezonings; and WHEREAS, on April 19, 2019 the Town Council initiated ordinance amendments to repeal the prohibition on acceptance of proffers for residential rezonings in nonexempt areas; and WHEREAS, on October 17, 2019 a duly advertised Planning Commission public hearing was held at which the Commission recommended approval of the amendments; and WHEREAS, on October 22, 2019 the Town Council held a duly advertised public hearing on these amendments; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the proposed amendments. -2- ORDINANCE: AMENDING ZONING ORDINANCE SECTION 3.3 TO REPEAL THE PROHIBITION OF ACCEPTANCE OF PROFFERS FOR REZONINGS WITH A RESIDENTIAL COMPONENT The Council of the Town of Leesburg, Virginia hereby ORDAINS: 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: Article 3 Review and Approval Procedures 3.1.5 Pre -Application Conference A pre -application conference is required in the case of Zoning Map Amendments (including Proffer Amendments and Concept Plan Amendments), Special Exception Applications and Town Plan Amendments. In all other cases, applicants are encouraged to schedule and attend a pre -application conference with the appropriate planning department staff prior to submitting an application for review under this article. The purpose of a pre -application conference is to inform the applicant of review procedures, submittal requirements, development standards, and other pertinent matters before the applicant finalizes the development proposal. Staff opinions presented during a pre -application conference are informational only and do not represent a commitment on behalf of the town regarding the acceptability of the development proposal. 3.3.3 Initiation of Application Where the public necessity, convenience, general welfare and good zoning practice require it, amendments to the zoning boundaries or classification of property shown on the Zoning Map may be initiated (1) by resolution of the governing body or (2) by motion of the local planning commission. Amendments may also be initiated by (3) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefore, of the property which is the subject of the proposed zoning map amendment. A. Subject to any applicable public notice ... . -3- ORDINANCE: AMENDING ZONING ORDINANCE SECTION 3.3 TO REPEAL THE PROHIBITION OF ACCEPTANCE OF PROFFERS FOR REZONINGS WITH A RESIDENTIAL COMPONENT Proposed -Use Rezoning -Filed Nonresidential Residential Proffers -accepted Proffers -accepted Proffers -accepted NA Proffersaccepted NA Rezoning Filed July 2016 or 1 ater Proffersaoceptod Proffers -prohibited Proffers -accepted Proffers accepted Proffers -prohibited 3.3.4 Pre -application Conference Prior to filing an application, the applicant shall meet with staff from the Department of Planning and Zoning to discuss the requirements and the nature of the proposal. For purposes of this conference, the applicant may provide a sketch plan of the proposed use drawn to scale, showing the general layout of the development and the relationship to the surrounding area. This sketch plan shall be submitted at least two weeks before the date of the pre -application conference. The results of the pre -application meeting shall be documented and distributed to the applicant and participating staff. A: 3.3.6 Submittal Requirements All rezoning applications shall be accompanied by the following items. All rezoning applications in a Planned Development District shall submit the additional information required under Section 8.2 Procedures: A. Application. An application, on a form provided by the town ... . F. Statement of Justification. Twenty (20) copies, or other number as determined by the Land Development Official, of a written statement of justification describing: 1. The nature of the request and uses proposed; 2. Traffic Impact Summary that shall include the following: (1) a Trip Generation Table that lists the proposed land uses and the daily and peak hour trip generation as shown in the current edition of the Institute of Traffic Engineers Trip Generation Manual; (2) A Statement whether traffic impact does or does not require mitigation and a description of any proposed -4- ORDINANCE: AMENDING ZONING ORDINANCE SECTION 3.3 TO REPEAL THE PROHIBITION OF ACCEPTANCE OF PROFFERS FOR REZONINGS WITH A RESIDENTIAL COMPONENT mitigation as concluded by the Traffic Impact Analysis; and (3) a description of any proposed public road improvements 3. Impacts on adjacent uses and measures proposed to mitigate such impacts. "- 4. Area calculations for each use; 5. Dwelling unit count and mix or proposed building Floor Area Ratio (F.A.R.); 6. Relationship of the proposal to the Town Plan; 7. Justifications for each of the required approval criteria; and 8. Any proposed variations or modifications of submittal requirements... . I. Proffers. 1-Generally. If the applicant desires to proffer reasonable conditions along with the rezoning application, either a set of signed proffers or a draft set of proffers shall accompany the application. 2- 3.3.16 Proffers A. As part of an application for a rezoning, a property owner may voluntarily proffer in writing the provision of reasonable conditions to apply in addition to the requirements provided for in the applicable regulations. If an applicant desires to proffer reasonable conditions, such proffered conditions may include written statements, site plans, profiles, elevations, and/or other demonstrative materials and shall be subject to the following procedures and regulations: 1. The applicant shall submit signed proffers in writing to the Land Development Official not less than twenty-one (21) calendar days prior to Planning Commission public hearing. 2. Any proffered conditions shall be signed by all persons having an ownership interest in the property and shall be notarized. Proffered conditions shall contain a statement that the owners voluntarily enter into the conditions contained therein. 3. Any proffered conditions shall run with the land and be under the control of the record owner. 4. Upon approval of a rezoning with proffers, any site plan, subdivision plat, or other application for development thereafter submitted shall be in conformance with all proffered conditions. No plan or plat shall be approved without said conformance. -5- ORDINANCE: AMENDING ZONING ORDINANCE SECTION 3.3 TO REPEAL THE PROHIBITION OF ACCEPTANCE OF PROFFERS FOR REZONINGS WITH A RESIDENTIAL COMPONENT 5. For purposes of this section, conformance shall be determined by the Zoning Administrator and shall mean that conformance which leaves a reasonable margin for adjustment due to final design and engineering data but conforms with the general nature of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials proffered by the applicant. 6. Once signed proffered conditions are submitted and the public hearing before the Town Council has begun, no substantial modification to any proffered condition shall be made unless, by majority vote, the Town Council authorizes such modification. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. 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 IV. This ordinance shall be effective on the date of approval of the Eastern Gateway District Small Area Plan. PASSED this 12th day of November, 2019. ATTEST: (12f06—Gdd__ <74.___4111? Clerk of Council Kelly Bkfrk, M6fyor Town of Leesburg LF\LeesburgRMS\Town_Clerk\Ordinances\2019\1112 TLOA-2019-0004; Amendments to Article 3 of the Zoning Ordinance to Address State Proffer Law Changes