HomeMy Public PortalAbout2006_10_11_O024 Amending the ZO re ZMAP Submittal Requirements
AN ORDINANCE: AMENDING and REORDAINING Sub-subsection 3.3.6.E
(STATEMENT OF JUSTIFICATION) of Subsection 3.3.6 (SUBMITTAL
REQUIREMENTS) of Section 3.3 (ZONING MAP AMENDMENTS -
REZONINGS) and Sub-subsection 3.4.6.F (WRITTEN STATEMENT) of
Subsection 3.4.6 (SUBMITTAL REQUIREMENTS) of Section 3.4
(SPECIAL EXCEPTIONS), both of Article 3 (REVIEW AND
APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended.
Information on Proposed Ordinance
Title
An Ordinance amending and reordaining Sub-subsection 3.3.6.E (STATEMENT OF
JUSTIFICATION) of Subsection 3.3.6 (SUBMITTAL REQUIREMENTS) of Section 3.3
(ZONING MAP AMENDMENTS - REZONINGS) and Sub-subsection 3.4.6.F (WRITTEN
STATEMENT) of Subsection 3.4.6 (SUBMITTAL REQUIREMENTS) of Section 3.4
(SPECIAL EXCEPTIONS), both of Article 3 (REVIEW AND APPROVAL PROCEDURES) of
the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
Summary
The proposed Ordinance makes changes to the traffic impact analysis requirements for
rezonings and special exceptions.
Sponsor
Staff
Authority
Sections 15.2-2284 and 15.2-2286 of the Code of Virginia, 1950, as amended.
Estimated Cost of Implementation
Attachments in Addition to Proposed Ordinance
The Town of
Leesburg,
Virginia
PRESENTED September 12. 2006
ORDINANCE NO. 2006-0-24
ADOPTED October 11. 2006
AN ORDINANCE: AMENDING AND REORDAINING SUB-SECTION 3.3.6.E
(STATEMENT OF JUSTIFICATION) OF SUBSECTION 3.3.6
(SUBMITTAL REQUIREMENTS) OF SECTION 3.3 (ZONING MAP
AMENDMENTS - REZONINGS) AND SUB-SUBSECTION 3.4.6.F
(WRITTEN STATEMENT) OF SUBSECTION 3.4.6 (SUBMITTAL
REQUIREMENTS) OF SECTION 3.4 (SPECIAL EXCEPTIONS),
BOTH OF ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES)
OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG,
VIRGINIA, 2003, AS AMENDED.
The Town Council of Leesburg, Virginia, ordains:
SECTION 1. That Sub-section 3.3.6.E (STATEMENT OF JUSTIFICATION) of
Subsection 3.3.6 (SUBMITTAL REQUIREMENTS) of Section 3.3 (ZONING MAP
AMENDMENTS - REZONINGS) of Article 3 (REVIEW AND APPROV AL PROCEDURES)
of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same
is hereby amended and reordained to read as follows:
E. 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;
11. Traffic Impact Analvsis. Traffic impacts, including the maximum
expected trip generation and the distribution of such trips by mode and
the time of day based on current Institute of Transportation Engineers
(ITE) Manual, internal road network, and connection into the existing
transportation network. A traffic study, as described in Article 7 of the
Design and construction Standards Manual, will be required for all
applications where the proposed land use that eontaiFl:
a. ef is are adjacent to a roads that currently carries etHfY or is are
proposed to carry more than 500 vehicle trips per day (VPD);
or
b. contains a road proposed to carry more than 500 vehicle trips
per day (VPD): or
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AN ORDINANCE: AMENDING AND REORDAINING SUB-SECTION 3.3.6.E
(STATEMENT OF JUSTIFICATION) OF SUBSECTION 3.3.6
(SUBMITTAL REQUIREMENTS) OF SECTION 3.3 (ZONING MAP
AMENDMENTS - REZONINGS) AND SUB-SUBSECTION 3.4.6.F
(WRITTEN STATEMENT) OF SUBSECTION 3.4.6 (SUBMITTAL
REQUIREMENTS) OF SECTION 3.4 (SPECIAL EXCEPTIONS),
BOTH OF ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES)
OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG,
VIRGINIA, 2003, AS AMENDED.
c. is adiacent to a road that currently or is proposed to carry 100
or more peak hour vehicle trips per day; or
d. if the traffic study for the proposed activity is more than one
(1) year old.
e. Waiver Provision. This requirement may be waived at the
discretion of the Land Development Official at the applicant's
written request filed with the initial application. Any such
waiver shall be based upon a finding that such analysis is
unnecessary due to the existence of previous studies and
analyses which adequately cover the extent of the proposed
development and its traffic impact. or if applicant supplies
adequate proof that the proposed use does not increase the
number of employees or customers using the site. or if
otherwise iustified by the applicant. The Land Development
Official shall set forth in writing the reasons for the
determination.
111. Impacts on adjacent uses and measures proposed to mitigate such
impacts;
IV. Area calculation for each use;
v. Dwelling unit count and mix;
VI. Relationship of the proposal to the Town Plan, including but not
limited to the Land Use Compatibility policies; and
V11. Any proposed variations of modifications of submittal requirements.
SECTION II. That Sub-subsection 3.4.6.F (WRITTEN STATEMENT) of Subsection
3.4.6 (SUBMITTAL REQUIREMENTS) of Section 3.4 (SPECIAL EXCEPTIONS) of Article 3
(REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to
read as follows:
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AN ORDINANCE: AMENDING AND REORDAINING SUB-SECTION 3.3.6.E
(STATEMENT OF JUSTIFICATION) OF SUBSECTION 3.3.6
(SUBMITTAL REQUIREMENTS) OF SECTION 3.3 (ZONING MAP
AMENDMENTS - REZONINGS) AND SUB-SUBSECTION 3.4.6.F
(WRITTEN STATEMENT) OF SUBSECTION 3.4.6 (SUBMITTAL
REQUIREMENTS) OF SECTION 3.4 (SPECIAL EXCEPTIONS),
BOTH OF ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES)
OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG,
VIRGINIA, 2003, AS AMENDED.
F. Written Statement describing the proposed use and providing the following
information:
1. Type of operation;
2. Hours of operation;
3. Traffic Impact Analvsis. Traffic impacts, including the maximum expected
trip generation and the distribution of such trips by mode and the time of day
based on current Institute of Transportation Engineers (ITE) Manual, internal
road network, and connection into the existing transportation network. A
traffic study, as described in Article 7 of the Design and Construction
Standards Manual, will be required for all applications where the proposed
land use that contain:
a. ef is are adjacent to a roads that currently carries ea.ffY
or is are proposed to carry more than 500 vehicle trips
per day (VPD); or
b. contains a road proposed to carry more than 500 vehicle
trips per day (VPD): or
c. is adiacent to a road that currently or is proposed to
carry 100 or more peak hour vehicle trips per day: or
d. if the traffic study for the proposed activity is more than
one (1) year old.
e. Waiver Provision. This requirement may be waived at
the discretion of the Land Development Official at the
applicant's written request filed with the initial
application. Any such waiver shall be based upon a
finding that such analysis is unnecessary due to the
existence of previous studies and analyses which
adequately cover the extent of the proposed
development and its traffic impact. or if applicant
supplies adequate proof that the proposed use does not
increase the number of employees or customers using
the site or if otherwise iustified by the applicant. The
Land Development Official shall set forth in writing the
reasons for the determination; and
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AN ORDINANCE: AMENDING AND REORDAINING SUB-SECTION 3.3.6.E
(STATEMENT OF JUSTIFICATION) OF SUBSECTION 3.3.6
(SUBMITTAL REQUIREMENTS) OF SECTION 3.3 (ZONING MAP
AMENDMENTS - REZONINGS) AND SUB-SUBSECTION 3.4.6.F
(WRITTEN STATEMENT) OF SUBSECTION 3.4.6 (SUBMITTAL
REQUIREMENTS) OF SECTION 3.4 (SPECIAL EXCEPTIONS),
BOTH OF ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES)
OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG,
VIRGINIA, 2003, AS AMENDED.
4. Impacts on adjacent uses and measures proposed to mitigate such impacts.
SECTION III. This Ordinance shall become effective upon the date and at the time of its
final passage.
SECTION IV. 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 11th day of October 2006.
ATTEST:
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CI of CouncIl
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