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1984_05_23_O017The Town of Leesburg in Virginia PRESENTED May 23, 1984 ORDINANCE NO. 84-0-17 ADOPTED May 23, 1984 AN ORDINANCE: AMENDING PROFFERS MADE AS PART OF ZMAP 272 (LOUDOUN COUNTY) #ZM-49 WHEREAS, proffers made January 30, 1979, to Loudoun County as part of ZMAP 272 were approved by the Loudoun County Board of Supervisors as follows: (1) That the subject property, if commercially rezoned, shall be used only as a restaurant/inn, or for its current residential use; to the exclu- sion of all other uses; (2) That if rezoned the subject property shall, when such service is available, be sewered by the public sewerage facilities of the Town of Leesburg; (3) (4) That any new construction on the subject property shall be exclusively limited to the enlargement, modification or redecoration of the existing structures necessary for the conversion to a restaurant/inn use. However, it is understood that nothing in this proffer statement shall be construed to limit the development areas which meet or exceed the minimum requirements of the Loudoun County zoning ordinance; That any new improvements to the subject property, as referenced in number 3 above shall conform to the site planning requirements of Section 700.5.6.1 of the Loudoun County zoning ordinance; and WHEREAS, a petition was received March 7, 1984, from Robert W. Haas, on behalf of Robert G. Bussard, Trustee, contract purchaser of Carradoc Hall, Tax Map 49-26B, for amendment of proffers approved as part of ZMAP 272 to .amend paragraphs 1, 2 and 3 to read as follows: (1) That the subject property, shall be used only as a restaurant/inn and for tourist services and permitted accessory uses associated with these uses; (2) Provided the Town grants an easement upon the access road to its sewer plant, the subject will be sewered by the public sewerage facilities of the Town of Leeaburg; (3) That any new construction on the subject property shall exclusively be limited to the enlargement, modification or redecoration of the exist- ing structures necessary for the conversion to a restaurant/inn use and the construction of an adjoining hotel/motel complex with restaurant, banquet and retail facilities. The applicant hereby volun- tarily agrees to conform to the guidelines of the Virginia Historical Landmark Commission in regard to the restoration and redecoration of the original Carrodoc Hall structure; and -2- #ZM-49 - CARRADOC HALL WHEREAS, the petition filed by Robert W. Haas on behalf of Robert G. Bussard for revision of proffers approved as part of Loudoun County rezoning #ZMAP-272 was referred to the Planning Commission on March 21, 1984 and assigned ZM-49; and WHEREAS, the Planning Commission held a public hearing on April[ 19, 1984, at which persons affected by this application appeared to present their views; and WHEREAS, the applicant on May 2, 1984, amended the petition for revisions of paragraphs 1, 2 and 3, of the amended petition to read as follows: (1) That the subject property, shall be used only as a restaurant/inn and for tourist services and permitted accessory uses associated with these uses; as provided in Sec. 710.2 of the PD-CH regulations under the zoning ordinance, except that the subject property shall not be used for auto sales facilities or a gasoline service station. (2) Provided the Town grants an easement upon the access road to its sewer plant, the subject property will be sewered by the public sewerage facilities of the Town of Leesburg. (3) That any new construction on the subject property shall exclusively be limited to the enlargement, modification or redecoration of the exist- ing structures necessary for the conversion to a restaurant:/inn use and the construction of an adjoining hotel/motel complex with restaurant, banquet and retail facilities. The applicant hereby voluntarily agrees to conform to the guidelines of the Virginia Historical Landmark Com- mission in regard to the restoration and redecoration of the original Carradoc Hall structure; and WHEREAS, the Planning Commission on May 3, 1984 found that the amended petition, #ZM-49, is required by the public necessity, convenience, general welfare or good zoning practice because: #ZM-49 will result in protection and conservation of an historic building in conformance with the annexation area development policies; and The applicants have included proffers which adequately protect the Carradoc Hall structure and the town from adverse effects and eliminate potentially incompatible uses from the PD-CH Dist:rict~ and -3- ZM-49 - CARRADOCHALL WHE~AS, a public hearing on the petition was conducted by this Council on May 23, 1984~ and W~AS, the Council finds that approval of amended petition #ZM-49 is required by the public necessity, convenience, general welfare or good zoning practice for the reasons given by the Planning Commission: T~FO~, ORDAI~D by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. The amended petition of Robert W. Haas, #ZM-49, on behalf of Robert G. Bussard, Trustee, contract purchaser of Carradoc Hall, Tax Map 49-26B, for amendment of paragraphs 1, 2 and 3 of proffers approved by the Loudoun County Board of Supervisors as part of ZMAP-272 is approved and suclh paragraphs shall read as follows: (1) That the subject property, shall be used only as a restaurant/inn and for tourist services and permitted accessory uses associated with these uses; as provided in Sec. 710.2 of the PD-CH regulations under the zoning ordinance, except that the subject property shall not be used for auto sales facilities or a gasoline service station. (2) Provided the Town grants an easement upon the access road to its sewer plant, the subject property will be sewered by the public sewerage facilities of the Town of Leesburg. (3) That any new construction on the subject property shall exclusively be limited to the enlargement, modification or redecoration of the exist- ing structures necessary for the conversion to a restaurant/inn use and the construction of an adjoining hotel/motel complex with restaurant, banquet and retail facilities. The applicant hereby voluntarily agrees to conform to the guidelines of the Virginia Historical Landmark Com- mission in regard to the restoration and redecoration of the original Carrodoc Hall structure. SECTION II. Ail prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. PASSED this 23rd day of May , 1984. Robert E. ~ev~la, Mayor Town of Leesburg ATTEST . /~ Clerk of C~uncil