HomeMy Public PortalAbout2016_06_28_R086 Initiating Amendments to the Zoning Ordinance and the Comprehensive Plan to Comply with New Code of VA 15.2-2303.4 and Ending Applicant-Initiated Town Plan Amendments The Town of
Leesburg,
Virginia PRESENTED June 28. 2016
RESOLUTION NO. 2016-086 ADOPTED June 28. 2016
A RESOLUTION: INITIATING AMENDMENTS TO THE ZONING ORDINANCE AND
THE COMPREHENSIVE PLAN TO COMPLY WITH NEW CODE OF
VIRGINIA § 15.2-2303.4 AND ENDING APPLICANT—INITIATED
TOWN PLAN AMENDMENTS; INITIATING THE REPEAL OF ALL
CURRENT PROFFER GUIDELINES; INITIATING INCREASED
REZONING APPLICATION FEES TO OFFSET THE COSTS
NECESSARY TO IMPLEMENT THE NEW PROFFER LAW; AND
IMPLEMENTING AN INTERIM POLICY TO PROHIBIT THE
ACCEPTANCE OF PROFFERS FOR REZONINGS WITH A
RESIDENTIAL COMPONENT UNTIL AMENDMENTS TO THE
ZONING ORDINANCE HAVE BEEN ENACTED AND APPLICATION
FEES HAVE INCREASED
WHEREAS; the 2016 Virginia General Assembly enacted new Code of Virginia Section
15.2-2303.4 which changes the legal definition of"reasonable" proffers offered with residential
rezonings; changes how proffers can legally be evaluated by the Town when offered with
residential rezonings; and increases the liability of the Town when dealing with proffers offered
with residential rezonings; and
WHEREAS, to comply with the new statute, amendments to the Zoning Ordinance are
necessary including, but not limited to, Section 3.3 Zoning Map Amendments (Rezonings); and
WHEREAS; to comply with the new statute, repeal of all current proffer guidelines must
occur; and
WHERES, to assist in the implementation of the new statute, amendments to the Town's
Comprehensive Plan must occur; and
WHEREAS, to continue to accept proffers from landowners applying to rezone property
with a residential component, "proffer packages" must contain "impact studies" which expressly
demonstrate and certify that the proffers are legal under the new statute; and
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A RESOLUTION: INITIATING AMENDMENTS TO THE ZONING ORDINANCE AND
THE COMPREHENSIVE PLAN TO COMPLY WITH NEW CODE OF
VIRGINIA § 15.2-2303.4 AND ENDING APPLICANT—INITIATED
TOWN PLAN AMENDMENTS; INITIATING THE REPEAL OF ALL
CURRENT PROFFER GUIDELINES; INITIATING INCREASED
REZONING APPLICATION FEES TO OFFSET THE COSTS
NECESSARY TO IMPLEMENT THE NEW PROFFER LAW: AND
IMPLEMENTING AN INTERIM POLICY TO PROHIBIT THE
ACCEPTANCE OF PROFFERS FOR REZONINGS WITH A
RESIDENTIAL COMPONENT UNTIL AMENDMENTS TO THE
ZONING ORDINANCE HAVE BEEN ENACTED AND APPLICATION
FEES HAVE INCREASED
WHEREAS, increased rezoning application fees will be necessary in order to offset the
cost of evaluating these proffer packages; and
WHEREAS, to allow time for the Town Council to enact ordinances and resolutions
amending the Zoning Ordinance, increasing rezoning application fees and repealing proffer
guidelines currently in place, an Interim Policy prohibiting the submission and acceptance of
proffers with residential rezonings should be adopted; and
WHEREAS, as the Town Plan dictates the public infrastructure needs of the Town, no
applicant-initiated Town Plan amendment applications should be accepted after July 1, 2016.
NOW THEREFORE, the Town Council of the Town of Leesburg, Virginia hereby
resolves:
1. To initiate amendments to the Zoning Ordinance to comply with new Code of Virginia
Section 15.2-2303.4; and
2. To initiate the repeal of all current proffer guidelines; and
3. To initiate an ordinance increasing rezoning application fees to offset the cost of the
evaluation of proffer packages; and
4. To adopt an Interim Policy prohibiting the acceptance of proffers with rezoning
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A RESOLUTION: INITIATING AMENDMENTS TO THE ZONING ORDINANCE AND
THE COMPREHENSIVE PLAN TO COMPLY WITH NEW CODE OF
VIRGINIA § 15.2-2303.4 AND ENDING APPLICANT—INITIA 1 ED
TOWN PLAN AMENDMENTS; INITIATING THE REPEAL OF ALL
CURRENT PROFFER GUIDELINES; INITIATING INCREASED
REZONING APPLICATION FEES TO OFFSET THE COSTS
NECESSARY TO IMPLEMENT THE NEW PROFFER LAW; AND
IMPLEMENTING AN INTERIM POLICY TO PROHIBIT THE
ACCEPTANCE OF PROFFERS FOR REZONINGS WITH A
RESIDENTIAL COMPONENT UNTIL AMENDMENTS TO THE
ZONING ORDINANCE HAVE BEEN ENACTED AND APPLICATION
FEES HAVE INCREASED
applications that include a residential component beginning July 1, 2016 until such
time as amendments to the zoning Ordinance, repeal of proffer guidelines, and the
increase of rezoning application fees have occurred; and
5. To prohibit applicant-initiated Town Plan amendment applications as of July 1, 2016;
and
6. To initiate amendments to the Town's Comprehensive Plan.
PASSED this 28th day of June, 2016.
CjAin-
David
S. Butler, Mayor
Town of Leesburg
ATT' T:
%I 0 t
Clerk of Comic',
P:Vdesolutions\20 16\0628 Initiating Amendments to Comply with New Proffer Statute.docx