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HomeMy Public PortalAbout1989_09_26_O024ccsourg in CVirginia ORDINANCE NO. 89-0-24 PRESENTED Sept. 26, 1989 ADOPTEDSeptember 26, 1989 AN ORDINANCE: AMENDING THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING VARIATIONS WHEREAS, Section 15.1-466B ofthe 1950 Code of Virginia, as amended, sets forth the enabling authority for the Town of Leesburg to include provisions for variations in or exceptions to the general regulations of the subdivision ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substant~l injustice or hardship; and WHEREAS, an amendment of the variation provisions contained within Section 13-91 of the Leesburg Subdivision and Land Development Regulations is necessary in order to more closely parallel the state enabling legislation and to provide further guidance regarding appropriate variations; and WHEREAS, on April 25, 1989, this Council re-initiated an amendment to Section 13-91 of the Leesburg Subdivision and Land Development Regulations regarding variations; and WHEREAS, on May 25, 1989, the Leesburg Planning Commi~ion held a public hearing regarding these proposed amendments; and WHEREAS, on July §, 1989, the Commission voted 4 to 2 to recommend these amendments to the Council for adoption; and WHEREAS, on September 12, 1989, this Council held a public hearing on these amendments; and WHEREAS, amendment of this provision of the Leesburg Subdivision and Land Development Regulations is in the best interest of the public necessity, convenience, general welfare and good planning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in ~rg~ni~ as follows: SECTION I. Section 13-91 of the Leesburg Subdivision and Land Development Regulations is amended as shown below:. LEESBURG SUBDMSION AND LAND DEVELOPMENT REGULATIONS AMENDMENT REGARDING VARIATIONS Section 13-91. Variation (a) Upon application by a subdivider or developer, the Commission may authorize a variation in the substantive regulations contained in Divisions 4 and 5 of this Article when it finds that a variation is warranted due to an unusual situation or when strict adherence to the general regulations would result in substantial injustice or hardship. (b) In mairirlg application for a variation, the applicant must demonstrate in writing that: (1) The requested variation is in keeping with the purpose and intent of the Subdivision and Land Development Regulations; (2) The granting of said variation would not be of substantial detriment to adjacent property;, (3) The granting of said variation would not be contrary to the public health, safety and general welfare; (4) The situation is not of a general or recurring nature for similarly situated properties within the Town. (c) In deriding an application for variation, the Planning Commi~/on shall be guided by its findings with regard to the preceding test, together with the following items and any other such pertinent information as is necessary for the Commission to make its findings: (1) The construction drawing reflecting the requested variation is approved by the Director of Engineering and Public Works; (2) Any variation in street requirements is reasonable in relation to ultimate projected traffic generation and will not result in street sections that do not satisfy minimum Virginia Department of Transportation standards; (3) Any variation in sidewalk standards is compensated through an adequate alternative provision for pedestrian traffic. (d) No variation granted pursuant to this section shall relieve the obligation of the subdivider or developer to comply with any other applicable local or state regulations. (e) In authorizing a variation the Commission may impose such conditions regarding the location, character and other features of the proposed subdivision or development as it may deem necessary in the public interest, and may require a guarantee or bond to insure compliance with the conditions imposed. (f) Applications for variation may be made by any subdivider or developer. Once the application has been determined to be complete by the Land Development Official, the application and accompanying maps, plans or other information shall be transmitted promptly to the Commission for consideration and action. The Official shall also transmit a copy of the application to the Council. LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AMENDMENT REGARDING VARIATIONS o (g) Upon the initial public meeting to consider a variation application, the Planning Commission shall determine whether the potential public impacts of the request warrant a public hearing. If it is determined that a public hearing is warranted, such hearing shall be scheduled within thirty days of said determinatior~ Notice of public hearing shall satisfy all Code of Vir~nls requirements for such hearings. The Planning Commission shall take action to approve, approve with conditions, or deny the application within thirty days of the initial public meeting if no public hearing is held or within sixty days of the initial public meeting if a public hearing is held. SECTION H. All prior ordinances in conffict herewith are repealed. SECTION HI. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the article as a whole or of any remaining provisions of the Article. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 26th day of September, 1989. Robert E. Sevila, Mayor Town of Leesburg ATTEST: Clerk of ~ouncil Pro Tem ~