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HomeMy Public PortalAbout2006_10_11_O027 Amending the ZO re Commission Permit Review and Approval Procedures AN ORDINANCE: AMENDING AND REORDAINING Section 3.12 (COMMISSION PERMITS [PUBLIC PROJECT REVIEW]) 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 Section 3.12 (COMMISSION PERMITS [PUBLIC PROJECT REVIEW]) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended. Summary The proposed Ordinance changes the submittal requirements for applications for Commission permits. Sponsor Staff Authority Section 15.2-2232 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. 2006-0-27 ADOPTED October 11. 2006 AN ORDINANCE: AMENDING AND REORDAINING SECTION 3.12 (COMMISSION PERMITS [PUBLIC PROJECT REVIEW]) 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 I. That Section 3.12 (COMMISSION PERMITS [PUBLIC PROJECT REVIEW]) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance ofthe Town of Leesburg, Virginia, 2003, as amended be and the same is hereby amended and reordained to read as follows: 3.12 Commission Permits (Public Project Review) 3.12.1 Applicability Unless otherwise expressly exempted in accordance with Sec. 3.12.2, no street or connection to an existing street; park; public area; public building; public structure; public utility facility or public service corporation shall be constructed, established or authorized until the general location or approximate location, character and extent of such project has been approved by the Planning Commission as being substantially in accord with the adopted Comprehensive Plan. 3.12.2 Exemptions A. The procedures of this section shall not apply to railroad or other facilities exempted from eomprehensive plan eonformity reyie'.v under 8eetionl5.2 2232 of the Virginia Code, whether public or privately owned. B. The procedures of this section shall not apply to paving, repair, reconstruction, improvement, drainage or similar work, provided such work does not involve a change in the location of extent of a public street or public area. Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall not be exempt from the procedures of this section. C. The procedures of this section shall not apply to normal service extensions of public utilities or public service corporations, provided such work does not involve a change in the location of extent of a public street or public area. D. The procedures of this section shall not apply to public areas, facilities or uses that are deemed by the Land Development Official to be a feature already shown on the adopted Town Plan. 2 AN ORDINANCE: AMENDING AND REORDAINING SECTION 3.12 (COMMISSION PERMITS [PUBLIC PROJECT REVIEW]) OF ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. E. Public areas, facilities or uses that are identified within, but are not the entire subject of, an application for subdivision plat approval or development plan approval, may be deemed to be a feature shown on the Town Plan if the Town has defined standards governing the construction or establishment of such area, facility or use or the Town Council has approved it through the acceptance of a proffer in accordance with applicable procedures of this Zoning Ordinance. 3.12.3 Initiation of Application An application for a Commission Permit shall be filed with the Land Development Official. 3.12.4 Application Filing Required application forms, completed and signed by the applicant and property owner, shall accompany each application. A. 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. B. Upon acceptance of a completed application, the application shall be forwarded to all appropriate reviewing agencies for comment. Once the Land Development Official has received all comments, the comments shall be forwarded to the applicant for consideration and resolution. 3.12.5 Submittal Requirements .^..ll Commission Permit applications shall include sueh information and be in the form established by the Planning Commission. The Plant'liag Commission shall establish a checklist of required information and make such checklist a'{ailable to the pablic. A commission permit application 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 information current at all times during processing of the application. B. Plat. Twenty (20) copies. or other number as determined by the Land Development Official. of a concept plan. drawn to a minimum scale of I inch = 100 feet containing the following information: 1: Boundaries of the entire property: 2. Total area of the property in square feet and acres: 3. Location and distance of all off-site structures (including but not limited to lighting. signs. and buildings): 4. Location and distance of all off-site structures within fifty (50) feet of the property (including but not limited to lighting. signs. and buildings): 5. All required minimum yard and the distances of all existing and proposed structures to the lot lines: 3 AN ORDINANCE: AMENDING AND REORDAINING SECTION 3.12 (COMMISSION PERMITS [PUBLIC PROJECT REVIEW]) OF ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 6. Public right( s) of way. indicating names. route numbers. and width: 7. Proposed means of ingress and egress to the property from a public street: 8. Where applicable. parking spaces. emergency access. fencing. limits of clearing. landscaping and screening. outside lighting. loudspeakers and required and/or proposed improvements to the public right(s) of way: 9. Existing zoning designation and use of subject and adjacent properties: 10. Site location map: 11. All submittal documents shall be submitted in a format to be specified by the Town: and 12. All plans shall be submitted in a digital format specified by the Town. C. Written statement. A written narrative describing the proposed use and providing the following information: 1. Type of operation: 2. Hours of operation: 3. Impacts on adjacent uses and measures proposed to mitigate such impacts. D. Waivers/Modifications of Submittal Reauirements. Any submittal requirements that accompany the application may be waived by the Land Development Official at the applicant's written request filed with the initial application. The applicant must clearly indicate by section and paragraph in the application or in a letter attached to the application. which waiver or modification is requested and provide a justification for each modification/waiver requested. 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. When the Commission Permit is required in addition to a special exception. the Commission Permit submission requirements shall be combined with the submission requirements found in Section 3.4.6 and the application shall be reviewed concurrently. SECTION II. This Ordinance shall become effective upon the date and at the time of its final passage. 4 AN ORDINANCE: AMENDING AND REORDAINING SECTION 3.12 (COMMISSION PERMITS [PUBLIC PROJECT REVIEW]) OF ARTICLE 3 (REVIEW AND APPROVAL PROCEDURES) OF THE ZONING ORDINANCE OF THE TOWN OF LEES BURG, VIRGINIA, 2003, AS AMENDED. 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 11 th day of October 2006. ~~,~ Town of Leesburg ATTEST: ~.t/Iz. p) t11f~/L.- lerk of Council 5