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Home My Public Portal About2006_09_26_O018 Amending the ZO re Town Plan Amendments Information on Proposed Ordinance Title Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended is hereby amended by adding a new Section 3.16 (TOWN PLAN AMENDMENTS) Summary The proposed Ordinance clarifies and establishes procedures for amending the Town Plan. Sponsor Department of Planning, Zoning and Development Staff Scott Parker Authority Sections ~15.2-2229 and 15.2-2286 of the Code of Virginia Estimated Cost of Implementation None Attachments in Addition to Proposed Ordinance None The Town of Leesburg, Virginia PROPOSED: September 26. 2006 ORDINANCE 2006-0-18 ADOPTED: September 26. 2006 AN ORDINANCE: TO AMEND ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING A NEW SECTION 3.16 (TOWN PLAN AMENDMENTS) The Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended is hereby amended and reordained by adding a new Section 3.16 (Town Plan Amendments). SECTION I. That the Zoning Ordinance of the Town of Leesburg, Virginia, 2003 as amended, be and the same hereby is amended by adding a new Section 3.16 (TOWN PLAN AMENDMENTS) to read as follows: Sec. 3.16 Town Plan Amendments 3.16.1 Purpose Whenever the public necessity, convenience, general welfare, or good planning practice requires, the Town Council may amend, supplement, or change the comprehensive plan of the Town (Town Plan), in conformity with the provisions as set forth in this section. 3.16.2 Initiation of Application Where the public necessity, convenience, general welfare and good planning practice require it, amendments to the Town Plan may be initiated (1) by resolution of the governing body or (2) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, ofthe property which is the subject of the Town Plan amendment. The application must contain the consent of those with a legal ownership interest in the property under consideration. -2- AN ORDINANCE: TO AMEND ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING A NEW SECTION 3.16 (TOWN PLAN AMENDMENTS) 3.16.3 Pre-application Conference Prior to filing an application, the applicant may meet with representatives from the Department of Planning, Zoning and Development 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. 3.16.4 Application Filing A. Town Plan amendment applications shall be filed with the Department of Planning, Zoning and Development. The required application form must be completed and signed by the applicant and owner(s) of the property. B. Upon receipt of an application, the Land Development Official shall acknowledge acceptance or rejection of the application in writing within ten (10) business days from the date of submittal. C. Upon acceptance of a completed application, the application shall be forwarded to all appropriate reviewing agencies for comment. 3.16.5 Submittal Requirements All Town Plan amendment applications shall be accompanied by the following items: A. Application. An application, on a form provided by the town, completed and signed by the applicant and owner(s) of the property. The applicant shall keep this - 3 - AN ORDINANCE: TO AMEND ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING A NEW SECTION 3.16 (TOWN PLAN AMENDMENTS) information current at all times during the processing of the application. B. Fee. Associated fee, payable to the Town of Leesburg. C. Disclosure Statement. A disclosure statement of the real parties in interest, on a form provided by the town, signed by the applicant and notarized. The applicant shall keep this information current at all times during the processing of the application. D. Statement of Justification. Thirty paper copies, or other number as determined by the Land Development Official, as well as one digital copy in a format specified by the Town, of a written statement of justification describing: 1. The nature of the request and uses proposed; 2. Assessment of the request relative to the following criteria: · How the amendment better realizes a Plan goal or objective (e.g., to provide a more compatible land use pattern; better transitions between land uses); · How the amendment may rectify conflicting Plan goals or objectives; · How the amendment may clarify the intent of a Plan goal or objective; · How the amendment may provides more specific Plan guidance; · How the amendment might adjust the Plan as a necessary result of a significant change in circumstance unforeseen by the Plan at the time of adoption; and - 4 - AN ORDINANCE: TO AMEND ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING A NEW SECTION 3.16 (TOWN PLAN AMENDMENTS) · How the amendment might adjust the Plan as a necessary result of a significant change in circumstances unforeseen by the Plan at the time of adoption; 3. Description and analysis of how the requested amendment and associated development will comply with elements of the Town Plan, as well as their associated goals and objectives. These include, but may not be limited to, natural resources, parks and recreation, heritage resources, community design, land use, housing, economic development, transportation, and community facilities and services; 4. Fiscal analysis that compares general fund revenues, costs of services and required capital facilities improvements generated by development associated with the requested amendment. The comparison shall also analyze the current Town Plan land designation, allowable development associated with current designations, and Town Plan obiectives related to residential and non-residential sources of general fund revenue sources : and 5. Transportation analysis that shows how the amendment will address the objectives of the Town Plan's Transportation element, including mode choice, community integrity (as related to adjacent land uses), coordination of the transportation network and funding and scheduling for implementing improvements. - 5 - AN ORDINANCE: TO AMEND ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING A NEW SECTION 3.16 (TOWN PLAN AMENDMENTS) E. Plat. Thirty paper copies, or other number as determined by the Land Development Official, as well as one digital copy in a format specified by the Town, of a plat, signed and sealed by a certified land surveyor, completed not longer than six (6) months in advance of the date of the application, that contains the following information: 1. Insert vicinity map; 2. Boundaries of the entire property, with bearings and distances of the perimeter property lines and of each existing and proposed zoning district; 3. Total area of property in square feet and acres; 4. Tax map parcel or pin number of the subject property; 5. Topography with 5-foot contours; 6. Scale, north arrow and date; 7. Adjacent owner names, zoning, existing use, and use designated on the Town Plan Land Use Policy Map; 8. Names and route numbers of all boundary roads or streets, and the width of existing rights-of-way; 9. Automobile, bicycle, and pedestrian trail facilities and points of access to the property and adjacent to the property; - 6- AN ORDINANCE: TO AMEND ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING A NEW SECTION 3.16 (TOWN PLAN AMENDMENTS) 10. Public transportation routes and facilities within 200 feet of the site (routes and facilities within a quarter mile of the site may be shown on a larger scale, inset map); 11. Existing utility easements; 12. Proposed sewer and water connections; 13. Existing structures on the site and within 200 feet of the site; 14. Required yards and height and proposed setbacks and height. 15. Environmental features, including but not limited to features addressed in the Town Plan Natural Resources element and Green Infrastructure Policy Map; 16. Historic features, including but not limited to sites or structures listed on the National Register of Historic Places or the Virginia Landmarks Register, or in the Town Plan Historic Resources element; and 17. Additional information as may be deemed appropriate by the Land Development Official to provide a comprehensible application given the proposal. 3.16.6 Request for WaiverslModifications of Submittal Requirements The Land Development Official may waive any submittal requirements that accompany the application (with the exception of the associated fee). The applicant must clearly indicate by section and paragraph in the application and in a letter attached to the application, which waiver or modification is requested and provide a justification for each modification/waiver requested. - 7 - AN ORDINANCE: TO AMEND ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING A NEW SECTION 3.16 (TOWN PLAN AMENDMENTS) To grant a waiver or modification the Land Development Official must determine that a requirement is not necessary for the full and adequate consideration of the application. The Land Development Official shall set forth in writing the reasons for such determination. 3.16.7 Public Hearing Notice The Planning Commission and Town Council shall each hold a public hearing on proposed amendment to the Town Plan. Each public hearing requires notice as set out in Article 3. The Planning Commission and the Council may hold a joint public hearing after public notice as set forth in the Code of Virginia. 3.16.8 Planning Commission Review and Recommendation Upon acceptance of a completed application, the Land Development Officer shall set a time and a place for a public hearing by the Planning Commission. Following the public hearing, the Planning Commission shall forward the proposed amendment to the Town Council, together with a statement setting forth its reasons for such recommendation. If the Council desires an amendment it may direct the local Planning Commission to prepare an amendment and submit it to public hearing within sixty days after formal written request by the Council. 3.16.9 Town Council Review and Decision Once the Planning Commission has forwarded a recommendation to the Town Council, the Land Development Officer shall set a time and a place for a public hearing by the Town Council on said amendment. In acting on any amendments to the Town Plan, the Town Council shall act - 8 - AN ORDINANCE: TO AMEND ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING A NEW SECTION 3.16 (TOWN PLAN AMENDMENTS) within ninety days of the local planning commission's recommending resolution. 3.16.10 Request for Time Extension-Council A written request to extend the ninety-day time limit for Town Council review and decision may be made by the applicant at any time. The written request shall include a schedule for future submission of required information. The Council shall base its decision to grant an extension on an analysis of the progress being made on the application and the appropriateness of the schedule for future submissions that shall be provided by the applicant in conjunction with the request for a time extension. If a time extension is granted by the Council, the time period extension will commence on the expiration date of any previous time period extension or original date of application acceptance. 3.16.11 Withdrawal of Applications Any application filed with the Town of Leesburg may be withdrawn upon written request by the applicant at any time. However, if the request for withdrawal is made after publication of the notice of hearing, such withdrawal shall be only with the consent of either the Planning Commission or the Town Council, whichever body has advertised the hearing. No new application concerning any or all of the same property shall be filed within twelve months of the consent to withdrawal action unless the consent of action specifies that the time limitation shall not apply and permits the application to be withdrawn "without prejudice." - 9- AN ORDINANCE: TO AMEND ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING A NEW SECTION 3.16 (TOWN PLAN AMENDMENTS) 3.16.12 Approval Criteria The Planning Commission and Town Council shall use the criteria and information listed in sections 5.D and 5.E of this ordinance, in addition to other reasonable considerations, in making their decision regarding approval or disapproval of a Town Plan amendment application. 3.16.13 Successive Applications Upon denial by the Town Council of any application for a Town Plan amendment. a new application that is substantially the same application that was denied. shall not be reconsidered within twelve (2) months of the date of denial. SECTION II. This Ordinance shall become effective upon the date and at the time of its final passage. SECTION III. If any provision of this ordinance is declared invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the ordinance. PASSED this 26th day of September 2006. :s~~C':~ '" ..' C. U stattd, ayor Town of Leesburg