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Home My Public Portal About2019_11_12_R172 TLTA-2019-0001; Amendments to the Town Plan to Address State Proffer Law ChangesThe Town of Leesburg, Virginia PRESENTED: November 12, 2019 RESOLUTION NO. 2019-172 ADOPTED: November 12, 2019 A RESOLUTION: AMENDING CHAPTERS 3, 6, 9, 10 AND 11 OF THE LEESBURG TOWN PLAN TO ADDRESS STATE LEGISLATION RELATED TO PROFFERS FOR DEVELOPMENTS CONTAINING 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 Town Plan 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, staff recommends approval; and 2 A RESOLUTION: AMENDING CHAPTERS 3, 6, 9, 10 AND 11 OF THE LEESBURG TOWN PLAN TO ADDRESS STATE LEGISLATION RELATED TO PROFFERS FOR DEVELOPMENTS CONTAINING A RESIDENTIAL COMPONENT WHEREAS, the Council has concluded that these amendments to the Town Plan satisfy the approval criteria of Zoning Ordinance Section 3.16.12 and would be in the public interest and in accordance with sound zoning and planning principles; and THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that TLTA-2017-0001 to revise the Town Plan to address Virginia Code Section 15.2-2303.4, is hereby approved and the Town Plan shall be amended as described below: Chapter 2 Natural Resources Objective 10. Ensure that new development conforms to objectives 1 through 9 of the natural resources element by conducting environmental assessments of development proposals to identify land that should be preserved as natural open space and cost-effective mitigation measures for environmental impacts. a. Design an environmental assessment process and apply it to development applications to identify lands for inclusion in the Town's green infrastructure, and to determine potential environmental impacts and recommend mitigation measures. b. develepment-withiff-a-qualifying-small-area-sompfeliensive-plan3Seek proffers and conditions to mitigate the environmental impacts of new development and redevelopment and to preserve ecologically valuable land for the Town's open space network. Chapter 3 Parks and Recreation Objective 3. Ensure a balanced and adequate distribution of active recreation facilities within all sectors of Leesburg. a. Implement applicable policies of the Parks Master Plan. b. FeFeemniereial-develoY ., ~v.� ut a isvt i ll , develor a qu al L , Seek 3 A RESOLUTION: AMENDING CHAPTERS 3, 6, 9, 10 AND 11 OF THE LEESBURG TOWN PLAN TO ADDRESS STATE LEGISLATION RELATED TO PROFFERS FOR DEVELOPMENTS CONTAINING A RESIDENTIAL COMPONENT contributions of land and facilities from developer proffers to mitigate project impacts. c. Review the Parks Master Plan at least every five years and update if necessary. Chapter 6 Land Use General Objectives Objective 4. Strive to approve development only if adequate community facilities exist or are provided through development applications. (pp 6-7) a. Phase future development with capital facilities improvement programming. b. Obtain a fair share contribution for community facilities —such as schools, transportation, parks and recreation facilities, fire and rescue emergency services, public safety, and libraries —in the development review process. c. Prepare proffer guidelines for residential development that o c curs within a qualifying small area comprehensive plan that provide for uniform and equitable contribution for capital facilities costs related to development. Some of the community facilities, such as schools and fire and rescue, are provided by the County. Coordinate with the County to estimate capital facility costs on a per unit basis so that a capital intensity factor (CIF) can be established d. New development and redevelopment applications should provide for the construction of public facilities and infrastructure improvements, according to applicable standards for these facilities. These facilities and infrastructure should be provided as they are needed during the construction of the development Chapter 9 Transportation Objective 7. Encourage equitable distribution of financial responsibility for construction of off -site roadway improvements necessitated by new development in accordance with existing and potentially new methods for financing to mitigate these off -site development impacts. (pp 9-10) 4 A RESOLUTION: AMENDING CHAPTERS 3, 6, 9, 10 AND 11 OF THE LEESBURG TOWN PLAN TO ADDRESS STATE LEGISLATION RELATED TO PROFFERS FOR DEVELOPMENTS CONTAINING A RESIDENTIAL COMPONENT a. Fer eemmea1 ,lo of t with . a identiat - w l fesidential-develoY `3., Ali fying 11 L plan, Seek proffers and conditions of approval to mitigate the transportation impacts of new development and redevelopment consistent with the findings from site -specific traffic impacts analyses prepared for all development applications. b Fer eemmereinl �1eyel,. t �1, esi t 1 t, residential-elevele r , r 1: fyi 11 L `t plan, Use the table, "Off -site Transportation Cost Data" in Appendix B for evaluating rezoning and special exception applications and for quantifying potential fair -share contributions to offset new development impacts on the surrounding transportation system. The information presented in the table should be updated as necessary to reflect current year dollars and the most current trip generation data for the individual land uses. c. Consider adoption of a funding source pursuant to Virginia Code 15.2-2321 so that the Town is not so reliant upon developer proffers to obtain roadway improvements. Partner with state, regional, County, and local stakeholders to examine the potential for allowing "multi -modal development financial credits" against anticipated proffers collected for new projects as one means to encourage development patterns more supportive of pedestrian, bicycle, and transit modes of travel. e. Work with federal, state, regional, and County partners to make available additional funding options to resolve transportation problems. f. Consider adoption of special assessment districts pursuant to Virginia Code 15.2- 5100 to fund transportation improvements benefiting a localized area. g. Consider the creation of guidelines formed under the Public -private Partnership Transportation Act to allow for this type of funding for needed transportation facilities. Chapter 10 Community Facilities and Services Objective 3. Ensure that development occurs only if adequate community facilities exist. (pp 10-3) a. Ensure that the Town's capital improvement process takes into account the policies of the Town Plan. b. Ensure that efforts at coordination with other providers of facilities and services take into account the policies of the Town Plan. -5- A RESOLUTION: AMENDING CHAPTERS 3, 6, 9, 10 AND 11 OF THE LEESBURG TOWN PLAN TO ADDRESS STATE LEGISLATION RELATED TO PROFFERS FOR DEVELOPMENTS CONTAINING A RESIDENTIAL COMPONENT c. , Consider adoption of proffer guidelines similar to Loudoun County's capital facilities standards and capital intensity factor (CIF) in order to offset the impacts of development. d. Utilize other funding mechanisms such as a special assessment district to offset capital improvements project costs that benefit neighborhood improvements. e. New development and redevelopment applications should provide for the construction of public facilities and infrastructure improvements, according to applicable standards for these facilities. These facilities and infrastructure should be provided as they are needed during the construction of the development. Chapter 11 Crescent District (pp 11-1) The Crescent District, ' , will create a new approach for development and redevelopment patterns that present a superior opportunity to extend the fine grain pattern of the downtown area and the original Old and Historic District, while creating a setting for a mixture of uses including a host of housing types. PASSED this 126' day of November, 2019. ATTEST: • Clerk of Council Kelly Btitrk,ly�6r Town of Leesburg LF\LeesburgRMS\Town_Clerk\Resolutions\2019\1112 TLTA-2019-0001; Amendments to the Town Plan to Address State Proffer Law Changes