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Home My Public Portal About1981_08_26_O22 Amending the Leesburg Zoning Map ZM-32 International PavillionTOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA PRESENTED August 26, 1981 ORDINANCE NO. 81 -0 -22 ADOPTED August 26, 1981 AN ORDINANCE: AMENDING THE LEESBURG ZONING MAP WHEREAS, Rezoning Application #ZM -32 by International Pavilion Company was referred to the Planning Commission on January 14, 1981; and WHEREAS, the Planning Commission on February 19, 1981 held a public hearing on the application for rezoning; and WHEREAS, on February 25, 1981 the Council extended the time period for the Planning Commission referral to July 4, 1981; and WHEREAS, on April 16, 1981 the Planning Commission recommended to the Council that this rezoning be approved by zoning approximately 33 acres from R -1 to R -4 and approximately 30 acres from R -1 to B -2; and WHEREAS, the Council on May 27, 1981 held a public hearing on the pro- posed rezoning; and WHEREAS, the Council on August 12, 1981, held a second public hearing on the proposed rezoning, on which date immediately prior to the public hear- ing a proffer was received setting forth certain conditions for the rezoning for consideration with the rezoning request; and WHEREAS, the proffer document contains references to "Paragraphs A, B and C" of Exhibit I which should more properly read "Parcels A, B or C" as the case may be and therefore the Council has allowed the applicant to correct these references in the proffer document without altering its meaning: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: - 2 - SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from R -1 to B -2 63± acres of land located to the east of the Carrvale Subdivision, bounded by the property of International Pavilion on the north, Route 15 by -pass on the east, Fort Evans Road and Edwards Ferry Road on the south, the properties of Dowdy, Ryan Homes, Inc., McGonegal, Huey, Weems, Sevieri, Board of Missions of the Potomac Baptist Associations, International Pavilion Company, Lahman, Fewell, Cross, Wallace, Fisher, BCL Inc., and Shor Leesburg Associates on the west in accordance with two plats prepared by J. Horace Jarrett dated August 10, 1981. This amendment to the Zoning District Map is sub- ject to the proffer dated August 11, 1981 and submitted to the Town Council immedi- ately preceding its public hearing August 12, 1981. SECTION II. This ordinance shall be in effect upon its passage. PASSED this 26th day of Aug „Gt 1981. /e r enneth B. Rollins, Mayor T wn of Leesburg ATTEST: Clerk of Coun 1 P R O F F E R THIS PROFFER, made this / / day of , 1981, by International Pavilion Company, a corporation organized and duly existing under the laws of the State of Virginia, to the Town of Leesburg, Loudoun County, Virginia, a municipal corporation. WHEREAS, International Pavilion Company is the owner of certain real property located in the Town of Leesburg, Loudoun County, Virginia, described as containing approximately 63 acres of land, more or less, located on the west side of Route 15 By -Pass, bounded by the property of International Pavilion on the north, Route 15 By -Pass on the east, Fort Evans Road and Edwards Ferry Road on the south, and the properties of Dowdy, Ryan Homes, Inc., McGonegal Huey, Weems, Sevieri, Board of Missions of the Potomac Baptist Associations, International Pavilion Company, Lahman, Fewell, Cross, Wallace, Fischer, BCL Inc.. and Shor Leesburg Associates on the west; and WHEREAS, said International Pavilion Company has applied for a zoning change in the zoning of said tract from R- 1 to B -2 in the Town of Leesburg; and WHEREAS, in accordance with Sections 15.1 -491 -1 I through Section 15.1 -491.6 of the 1950 Code of Virginia, as amended, which are incorporated as part of the Leesburg Zoning 'I ji Ordinance, such proffers shall be made voluntarily in writing i� prior to the public hearing. NOW, THEREFORE, WITNESS, the following proffer: International Pavilion Company hereby offers to the Town of Leesburg that should its property be rezoned from its W_ current zoning to B -2 that in approximately 11 + acres (;:,orc particularly described in attached Exhibit I, Paragraph A) all uses as described in Article 6 of the Zoning Ordinance of the Town of Leesburg be eliminated except those enumerated in Sections 6 -1 -1 and 6 -4 and of those so enumerated in said Section 6 -1 -1 all those be eliminated except all uses contained in Sections 5 -1 -1, 5 -1 -4 and 5 -4. In approximately 13 + acres (more particularly de- scribed in attached Exhibit I, Paragraph B) those uses in Article 6, Section 6 -1 -2 and 6 -2 -1 be eliminated and those uses contained in Article 5 Sections 5 -1 -2 and 5 -2 -1 be eliminated and hotels, motels and multi - family rental apartment buildings be eliminated in Section 5 -1 -3. In approximately 27 + acres (more particularly de- i scribed in attached Exhibit I, Paragraph C) the uses be limited ' to those uses set forth in Article 6, Sections 6 -1 -1 and 6 -4, I except bowling alleys, clubs, multi-family rental apartment ! i buildings and lodges. The attached Exhibit I is made part of this proffer. The effect of this Proffer shall be conditional until such time as the application for rezoning shall be adopted and approved in accordance with all applicable statutes. In addition to the foregoing proffers, applicant respectfully proffers that it iq willing to close Harr =son Street and Cherry Lane where they enter onto the subject property as authorized by the Town of Leesburg and is also willing to erect a berm or other screening as authorized by the Town of ,I Leesburg to separate the approximately eleven acres described in the attached Exhibit I, Paragraph A from the portion described s -w- in Paragraph C, and also separating the portion described in Paragraph C from that portion described in Paragraph B. Remaining land to be B -2. It is understood that this Proffer may at some time be recorded among the land records of Loudoun County, Virginia. ' WITNESS the following signatures and seals: i INTERNATIONAL PAVILION COMPANY Frederic R. Stieff, 'resident ATTEST: Cynthia L. Shrump, Secretary [Corporate Seal] STATE OF VIRGINIA COUNTY OF LOUDOUN, to -wit: The foregoing instrument was acknowledged before me the undersigned notary public on the day of �//�///� f All 1981. y Notary Public i My Commission Expires: !013' /9�1�{ ii f. Q AV r� PART OF THE PROPERTY OF 2 INTERNATIONAL PAVILION COMPANY co LOUDOUN COUNTY. VIRCINIA. SCALE : 1 100 APRIL . 23, 1901 r) c C a r r r J L c n u S r. e r c r �EAlTllp v.e—a" Vc. J. HORACE JARRETT CERT. 1105. 532 b 109 IAND S�F\ Note' Bounery Uro..n Fran R,uxCs n t' n 4 1n C) 2 ti 660 THIS IS A REDUCTION OF THE ORIGINAL PLAT co .. U Q J t� W tD m ct N T CL - , r �I �l N N a a W } m P N Z D i 1 N W .d z H Ch H OG O W H W O EXHIBIT I (rage 1) J: HORACE JARRET T Land Surveyor PHONE 893 -7$44 8829 LEEB9UR(3 PIKE 1.7 MILES WEST OF TYSONS CORNER ON ROUTE 7 VIENNA, VIRGINIA 22180 Parcel A. Part of the property of International Pavilion Company in the town of Leesburg in Loudoun County, Virginia. Beginning at a pipe, a corner of Carvale Subdivision and International Pavilion Company in the north boundry of Edwards Ferry road, thence departing Edwards Ferry road and running with the line of Carvale Subdivision N. 06044'05" W. 1438.34' to a point on the 64ck of curb of Cherry Lane, thence departing Carvale Subdivision and running through the property of International Pavilion company N. 88016'32" E. 329.78', thence S. 06044'05" E. 1440.71' to a point in the north boundry of Edwards Ferry road, thence running with the north boundry of Edwards Ferry road S. 88041' 08" W. 330.00' to.the beginning, containing 10.8566 acres. J. Horace Jarret EXHIBIT I (Pale ?) J HORACE JARRET-T Land Surveyor PHONE 893 -7544 8829 LEESBURG PIKE 1.7 MILES WEST OF TY50N5 CORNER ON ROUTE 7 VIENNA, VIRGINIA 22180 Parcel B Part of the property of International Pavilion company in the town of Leesburg in Loudoun County, Virginia. Beginning at a monument a corner of Carvale Subdivision and International Pavilion Company in the line of the north tract of the International Pavilion Company, thence departing Carvale Subdivision and running with the line of the north tract of International Pavilion Company S. 88054'47" E. 370.78' thence N. 88016'32" E. 506.68' to a point in the east boundry of U. S. route 15 By -Pass, thence departing the north tract of International Pavilion Co. and running with the U. S. route 15 By -Pass S. 19014'43" E. 638.18' to a point, thence departing the U. S. route 15 By -Pass and running through the property of International Pavilion Comapany S. 88016'32" W. 1014.19' to a point on the back of curb of Cherry lane, in the line of Carrvale Subdivision, thence running with the line of Carvale Subdivision N. 06044'05" W. 629.16' to the beginning, containing 13.2767 acres. )_ "� J. Horace Jarre�" :HIBIT I (Page 3) J. HORACE JARRETT Land Surveyor 8829 LEE9BURG PIKE 1.7 MILES WEST OF TYSONS CORNER ON ROUTE 7 PHONE 093 -7544 VIENNA, VIRGINIA 22180 Parcel C Part of the property of International Pavilion Company in the town of Leesburg in Loudoun County, Virginia. Beginning at a pipe in the north boundry of Edwards Ferry road, said point being N. 88041'08" E. 330.00' from the corner of Carvale Subdivision and the entire tract of International Pavilion Company, thence departing Edwards Ferry road and running through the property of International Pavilion Company N. 0644'05" W. 1440.71', thence S. 88016'32" W. 684.41' to a point in the east boundry of U. S. route 15 By -Pass, thence running with the east boundry of the U. S. route 15 By -Pass S. 19014'43" E. 811.46' to a monument a point of curve, thence running on a curve, curving to the right with a radius of 2796.79' with an arc of 640.88' an on a chord of S. 1204051" E. 639.48' to a monument, thence S. 37045'58 "'W. 37.87. to a point in the north boundry of Edwards Ferry road, thence departing from U. S. route 15 By -Pass and running with the north boundry of Edwards Ferry road S. 87056'29" W. 139.97' thence S. 85004'44" W. 100.10', thence S. 87056'29" W. 206.08', thence S. 88041'08" W. 454.37' to the beginning, containing 27.5100 acres. J. Horace Jarret .._ J I . -IORACE JARRE-CT Land Surveyor PHONE. E93 -7544 8829 {_EE6BURG PIKE 1.7 MILES WEST OF TYSONS CORNER ON ROUTE 7 VIENNA, VIRGINIA 22180 Part of the property of International Pavilion company near Leesburg in Loudoun County, Virginia. Beginning at the corner of the property of International Pavilion company and Eugene A. & Yasue Lahmon in the south boundry of Edwards Ferry road, thence running with the south boundry of Edwards Ferry road N. 87055'20" E. 442.85', thence S. 39019'54" E. 50.11' to a point in the west boundry of U. S. route 15 By -Pass, thence running with U. S. route 15 By -Pass on a curve, curving to the right with an arc of 420.17' and a radius of 2796.79' to a point of tangent, thence S. 08027'56" W. 143.18', thence S. 07023'56" W. 143.18' to a point of curve, curving to the right with an arc of 622.62' and a radius of 2796.79'to the north boundry of Fort Evans road, thence departing U. S. route 15 By -Pass and running with the north boundry of Fort Evans road N. 66022'41" W. 40.56' to the property of Patrick Fischer, thence departing Fort Evans road and running with the line of Fischer and B. C. L. Inc. N. 13017' 08" W. 577.28' to the corner of Shor - Leesburg Associates, thence running with Shor - Leesburg Associates and Eugene A. & Yasue Lahman N. 050 49'48" W. 745.25' to the beginning, containing 10.000 acres. JJ. Horace Jar ett I