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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. -2- 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. -3- 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.