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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 -2- 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 -3- 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