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HomeMy Public PortalAbout1991_01_22_R026RESOLUTION NO. A RESOLUTION: PRESENTED January 22, 1991 91-26 ADOPTED January 22, 1991 INITIATING ANDREFERR1NGAN AMENDMENT TOARTICLEll. SPECIAL EXCEPTION REGULATIONS OF THE I~ESBURG ZONING ORDINANCE WHEREAS, since the adoption of the special exception regulations were approved in April 1990, the town has accepted eight applications and of those, four have been £fled jointly with rezoning applications, and WHEREAS, in the instance of these joint applications, the rezoning application process has been abbreviated to meet the requirements of the special exception process, and WHEREAS, past experience in handling concurrent applications trove shown that it would be. beneficial to the review process to allow the special exception application and the rezoning process to proceed under the same time frames: THEREFORE, RESOLVED by the Council of the Tova~ of Leesburg in Virgima, as follows: SECTION I. An amendment to Article 11. Special Exceptions of the Leesburg Zoning Ordinance by inserting a new section to Section 11-A-4(9) as shown below, i~ hereby received and referred to the Planning Commission for public hearing m~d recommendation under Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended: Section 1 lA-4. APPLICATION, REVIEW )J4D ENFORCEMENT PROCEDURES (1) (2) (3) Pre-Application Conference. Prior to /'ding an application for a special exception, the applicant may confer with the Planning, Zoning and Development Department to discuss the requirements of this Article and the nature of the special exception use proposed. For the pm~poses of this conference the applicant may provide a sketch plan of the proposed use drawn to scale, showing the general layout of the special use and its relationship to the surrounding area~ Who May Apply. An application for a special exception may be f'ded with the Plmming, Zoning and Development Department by a property owner, board or bureau of any government or their agent, or other parties provided by law. Submission Requirements. All applications for special exception uses shall be accompanied by the following items: An application on a form provided by the town, completed and signed by the applicant and owner of the property. bo W~tten statement with supporting evidence regardhag complim~ce with the General Review Criteria and Specific Review Criteria, if applicable. ZONING ORDINANCE AMENDMENT REGARDING SPECIAL EXCEPTIONS Disclosure statement, on forms provided by the town which lists the names and addresses of all "real parties in interest" in the property. do eo Fifteen copies of a concept plan, drawn to a scale of 1 inch = 100 feet, or a scale agreed to by the town, containing the following information: 1. Boundaries of the entire property. 2. Total area of the property in square feet and acres. 3. Location of all existing and proposed 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 yards and the distances of all existing and proposed structures to the lot lines. 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. Parking spaces, existing and/or proposed, indicating minimum distance from the nearest property line(s). 9. Where applicable, seating capacity, usable outdoor recreation area, emergency access, fence, limits of clearing, landscaping and screening, outside lighting, loudspeakers, required and/or proposed improvements to public right(s)-of- way. Existing zoning designation and use of subject and adjacent properties. use and providing the following 10. Written statement describing the proposed information: 1. 2. 3. Type of operation(s). Hours of operation. Estimate of traffic impact of the proposed use, including the maximum expected trip generation and the distribution of such trips by mode and time of day lmsed on current ITE Manual. (4) Request for Waivers or Modifications. Any submission requirements of this Article may be waived by the Land Development Official. The applicant must clearly indicate by section and paragraph numbers in the application, or in a letter attached to the application, which modification or waiver is requested, together with the justification for review. (5) Planning, Zoning and Development Department Review. Upon receipt of the application, the Land Development Official shall acknowledge acceptance or rejection of the application within five (5) working days of submission and forward it to the Planning Commission and all appropriate reviewing agencies. (6) Planning Commission Recommendation. The Planning Commission shall forward the proposed special exception to the Council, together with its recommendation(s) and a statement fully setting forth its reasons for such recommendation(s) prior to the Town Council public hearing. (7) Public Hearing by Town Council. A public hearing by the Town Council shall be held within ninety days of receipt of a complete application. ZONING ORDINANCE AMENDMENT REGARDING SPECL~L EXCEPTIONS (8) Town Council Action. The Town Council shall take action to approve, approve with conditions or deny the application within sixty days after the public hearing. (9) Jointly Filed Applications. The review process set forth in Sections 11A-5 through 11- A(8) herein shall ,not aoolv to special exception applications fded concurrently with a rezoning application affecting the same parcel of land or fded while a rezoning is being considered. Instead, jointly fded applications as described herein shall be considered by the Planning Commission and Town Council concurrently in accordance with Section 15.1-493 of the 1950 Code of Virginia~ as amended and Sections 13-A(8) through 13- A(12) of this Zoning Ordinance. Reapplication. No application for a special exception use which had been denied wholly or in part by the Town Council shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient by Town Council to justify consideration by the Town Council. (~0~_D Amendment. An amendment is a request for any enlargement, expansion, increase in intensity, or relocation of any previously approved and currently valid special exception use or condition thereof. The application and review process for an amendment of a special exception shall be the same as specified for the approval of the original exception~ The Land Development Official may waive any submission requirement deemed not necessary for an adequate review of the proposed amendment. (~-~1_~) Termination. A special exception use shall be deemed terminated upon the occurrence of any of the following conditions: Non-Use. If the special exception use approved by the Town Council has not commenced within five years of the approval date, the approval shall become null and void. Cessation. If a special exception use should cease for any reason for a continuous period of two years, the special exception use shall automatically termirmte. SECTION II. The Planning Cowmlssion shall reports its recommendation to the Town Council on the proposed amendment pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. PASSED this 22nd day of A~EST: Clerk of Co~ January ~991. Robert E. Sevila, Mayor Town of Leesburg