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HomeMy Public PortalAbout2008_02_12_O006 - TLOA 2008-0001 The Town of Leesburg, Virginia PRESENTED February 12.2008 ORDINANCE NO. 2008-0-6 ADOPTED February 12.2008 AN ORDINANCE: APPROVING APPLICATION TLOA-2008-0001 MINOR SUBDIVSION PLAT TO AMEND THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS TO RE-ESTABLISH CRITERIA AND A REVIEW PROCESS FOR MINOR SUBDIVSION PLATS. WHEREAS, Town Council endorsed staffs decision to investigate the possibility of returning the Minor Subdivision Plat as an option for processing small scale subdivision applications on December 10,2007; and WHEREAS, the Planning Commission held a public hearing on February 7, 2008, pertaining to the draft amendments to the Subdivision and Land Development Regulations on the matter; and WHEREAS, the Planning Commission forwarded the proposed amendments to the Town Council with a favorable recommendation subject to some minor changes to the initial draft; and WHEREAS, the Town Council held a public hearing on these amendments on February 12,2008: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. Leesburg Subdivision and Land Development Regulations Section 13-55.3 is hereby amended as shown below: 13-55.3 Minor Subdivisions (a) Intent. The intent of this Article is to provide for the subdivision of a tract or parcel into not more than five (5) lots. including any remainder proposed to be retained. in instances where construction drawings are not required as part of the subdivision approval. -2- AN ORDINANCE: APPROVING APPLICATION TLOA-2008-000l MINOR SUBDIVISION PLAT TO AMEND THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS TO RE-ESTABLISH CRITERIA AND A REVIEW PROCESS FOR MINOR SUBDIVISION PLAT APPLICATIONS. (b) Applicability. A minor subdivision shall be accepted for review only if the following conditions are satisfied: (1.) Full frontage improvements (ie. curb, gutter, sidewalk, and storm sewer) exist across the frontage of the proposed lots. (2.) No water or sanitary sewer mains are needed or proposed, and RO laterals extend across a lot that it does not serve. (3.) No underground storm sewers are needed or proposed, except for necessary surface drainage swales. (4.) The street right-of-way meets the requirements of these regulations. or dedication of required right-of-way is made as part of the proposed subdivision. (5.) No new streets are needed or proposed. (6.) No vacation of streets is needed or proposed. (7.) No pipestem lot or cluster subdivision can be created as part of the minor subdivision. (8.) No variation of the Subdivision and Land Development Regl:llatiofls aBd no variance of the Zoning Ordinance is needed or proposed. Any subdivision application not meeting the above criteria shall be required to submit a preliminary subdivision plat pursuant to section 13-56. (c) Pre-Application Conference. Prior to submitting an application for minor subdivision plat approval. the applicant shall meet with representatives of both the Planning and Engineering Departments to review a sketch plan of the proposed subdivision to determine if the proposal qualifies to be processed as a minor subdivision. Written comments from this meeting shall be provided to the applicant within five days. (d) Plat Processing. Subdivisions meeting all the criteria listed above shall require only the submission of a final plat pursuant to section 13-62( c). A minor subdivision applicant may, at his option, elect to follow the regular subdivision submission requirements. 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 ordinances as a whole or any remaining provisions of the ordinance. -3- AN ORDINANCE: APPROVING APPLICATION TLOA-2008-0001 MINOR SUBDIVISION PLAT TO AMEND THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS TO RE-ESTABLISH CRITERIA AND A REVIEW PROCESS FOR MINOR SUBDIVISION PLAT APPLICATIONS. PASSED this 12th day of February 2008. ~f:J~ 1 en C. Umstattd, May~~ Town of Leesburg A