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HomeMy Public PortalAbout2012_03_27_R042 Interim Waivers for TLSE 2011-0002 Courthouse Square Structured ParkingThe Town of Leesburg, Virginia RESOLUTION NO. 2012 -042 PRESENTED March 27, 2012 ADOPTED March 27, 2012 A RESOLUTION: APPROVING A WAIVER TO REQUIREMENTS OF SECTION 11.3 NUMBER OF PARKING SPACES REQUIRED PER SECTION 3.18 INTERIM WAIVERS OF THE ZONING ORDINANCE IN ASSOCIATION WITH TLSE - 2011 -0002 COURTHOUSE SQUARE STRUCTURED PARKING GARAGE WHEREAS, a special exception application for a structured parking garage has been filed by Courthouse Square, LLC, and is referred to as TLSE- 2011 -0002 Courthouse Square Structured Parking; and WHEREAS, the subject property is further described as Loudoun County Parcel Identification Number(s) (PIN) 231 -38 -6044; 231 -38 -5459; 231 -38 -6661; and 231 -38 -5350; and WHEREAS, the property is zoned 13- 1, Community (Downtown) Business District; and WHEREAS, as part of the Courthouse Square project the Applicant requested a reduction in parking per Zoning Ordinance Section 11.4.5 Shared Parking (Mixed Use); and WHEREAS, the Planning Commission held a Public Hearing on January 5, 2012; and WHEREAS, at its regular meeting on March 1, 2012 the Planning Commission recommended denial of TLSE- 2011 -0002 Courthouse Square and did not approve a parking reduction; and WHEREAS, Town Council held a public hearing to consider the Shared Parking (Mixed Use) request per the Zoning Ordinance Section 3.18 Interim Wavier; and WHEREAS, The Applicant has provided a parking study prepared by a certified planner justifying a reduced parking requirement and certifying there will be no adverse impacts to the surrounding properties; and WHEREAS, Town Council has determined that the Approval Criteria of Zoning Ordinance Section 3.18.13.1 -4 have been satisfied; determining current regulations inhibit implementation of -2- A RESOLUTION: APPROVING A WAIVER TO REQUIREMENTS OF SECTION 11.3 NUMBER OF PARKING SPACES REQUIRED PER SECTION 3.18 INTERIM WAIVERS OF THE ZONING ORDINANCE IN ASSOCIATION WITH TLSE- 2011 -0002 COURTHOUSE SQUARE STRUCTURED PARKING GARAGE the traditional urban form as prescribed by the Town Plan, that Town Plan objectives are unable to be implemented, that current regulation is in conflict with the Town Plan, and the waiver does not create incompatibilities or negative impacts on surrounding properties or uses; and WHEREAS, Town Council has determined that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I: In accordance with Town of Leesburg Zoning Ordinance Section 3.18, a reduction in required parking based on shared parking (mixed use) is approved to reduce the number of spaces to be provided on site from 417 to 351, a decrease of 66 spaces as shown on Sheets 2 and 3 of the Courthouse Square Special Exception Plat revised through February 21, 2012, subject to the following two conditions: 1. That the six (6) surface parking spaces located north of the adjacent property identified as PIN 231 -38 -5242 (Birkitt Property) shall be reserved for use of that property from 7:00 am — 5:00 pm, Monday through Friday and that the remaining time the spaces shall be open to the public on a first come first serve basis. 2. The Land Development Official shall ensure that appropriate legal instruments are put in place to ensure the availability of off - street parking spaces for all uses. PASSED this 27th day of March, 2012. C. Ornstattd, Mayor Town of Leesburg AT,TS Clerk oftounc� P:\Resolutions\2012 \0327 Interim Waivers for TLSE 2011 -0002 Courthouse Square Structured Parking Garage.doc