HomeMy Public PortalAbout2008_02_26_R039 Zoning Ordinance Waivers
The Town of
Leesburg,
Virginia
PRESENTED: February 26. 2008
RESOLUTION NO. 2008-39
ADOPTED: February 26. 2008
A RESOLUTION: INITIATING ZONING ORDINANCE AMENDMENTS AUTHORIZING
THE TOWN COUNCIL TO GRANT WAIVERS TO CERTAIN
PROVISIONS OF THE ZONING ORDINANCE FOR A LIMITED
PERIOD OF TIME WHERE THERE IS A CONFLICT BETWEEN THE
CURRENT REGULATIONS AND THE TOWN PLAN
WHEREAS, the Town Council desires to implement the 2005 Town Plan, as amended;
and
WHEREAS, the Town Plan Community Design Element calls for design that enriches the
character of Leesburg (objective 1 c); and
WHEREAS, the Town Plan Land Use Element calls for design that reinforces the character
of the Town, that are of human scale and on streets that are pedestrian friendly (Central Sector
objectives 1, la, 3, 5a-e,14,15); and
WHEREAS, certain sections of the Zoning Ordinance are in conflict with the objectives of
the Town Plan but have not yet been amended; and
WHEREAS, these conflicts are prohibiting the approval of certain development
applications and characteristics of traditional urban form that meet the intent of the Town Plan but
do not comply with current regulations; and
WHEREAS, consideration of these amendments will enhance the effectiveness of the
Town Plan and the Council's Strategic Focus Areas; and
WHEREAS, the public necessity, convenience, general welfare and good zoning practice
require this authorization for the Town Council to grant waivers to certain provisions of the
Zoning Ordinance for a limited period of time until the regulations can be made compliant with
the objectives of the Town Plan.
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A RESOLUTION: INITIATING ZONING ORDINANCE AMENDMENTS AUTHORIZING
THE TOWN COUNCIL TO GRANT WAIVERS TO CERTAIN
PROVISIONS OF THE ZONING ORDINANCE FOR A LIMITED
PERIOD OF TIME WHERE THERE IS A CONFLICT BETWEEN THE
CURRENT REGULATIONS AND THE TOWN PLAN
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION 1. Zoning Ordinance amendments shall be initiated to implement the
following waiver process.
SECTION II. The Town Council shall conduct a duly noticed public hearing pursuant to
Section 3.3.9 of the Zoning Ordinance. After a finding that the current regulations inhibit the
implementation of the traditional urban form as prescribed in the Town Plan, the Town Council
shall have the authority to waive the requirements of the regulations listed below:
· Section 6.3.3D Minimum yards/setbacks in the B-1 Downtown Zoning District
· Section 6.4.3D Minimum yards/setbacks in the B-2 Commercial District
· Section 10.4.5E Additional setback requirements from certain streets
. Section 11.3
Number of parking spaces required
SECTION III. In approving a waiver to Section 11.3 (Parking Standards Table), the
Town Council shall either: 1) utilize the provisions of Section 11.4.2 (Shared Parking/Joint Use)
or 2) may require the applicant to provide a parking study prepared by a certified planner or
registered professional engineer which justifies a reduced parking requirement and certifies there
will be no adverse impacts to the surrounding properties.
SECTION IV. In order to exercise this authority, the Town Council shall make a finding
identifying which Town Plan objectives are unable to be implemented, a finding that the current
regulation is in conflict with the Town Plan, and a finding that the waiver does not create
incompatibilities or negative impacts upon the surrounding properties or uses.
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A RESOLUTION: INITIATING ZONING ORDINANCE AMENDMENTS AUTHORIZING
THE TOWN COUNCIL TO GRANT WAIVERS TO CERTAIN
PROVISIONS OF THE ZONING ORDINANCE FOR A LIMITED
PERIOD OF TIME WHERE THERE IS A CONFLICT BETWEEN THE
CURRENT REGULATIONS AND THE TOWN PLAN
SECTION V. If the waiver request is related to a Planned Development rezoning
application, it may be processed simultaneously pursuant to Section 8.2.2E (Zoning
Modification).
SECTION V1. These interim waiver procedures shall be in effect for a period of one
year from the date of passage or the date the regulation is amended to comply with the Town
Plan objectives, whichever is sooner.
PASSED this 26th day of February 2008.