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
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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