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HomeMy Public PortalAbout1985_11_13_O027The Town of Leesburg in Virginia ORDINANCE NO. 85-0-27 PRESENTED AMENDED ADOPTED Novemb,mr 13, 1985 November 13, 1985 November 13, 1985 AN ORDINANCE: AMENDING THE ZONING MAP FOR REZONING APPLICATION #ZM-62 WHEREAS, Rezoning Application #ZM-62 by Bernard M. Carlton, Trustee, to rezone 6.8 acres of land at the corner of Fort Evans Road and the Route 15 By-pass from County R-2 to Town B-2 was referred by this Council to the Plan- ning Commission on April 10, 1985; and WHEREAS, the Planning Commission held a public hearing on this applica- tion on May 16, 1985; and WHEREAS, the Planning Commission recommended to Council approval of this application on August 1, 1985, contingent upon certain profferred con- ditions and modifications agreed to by the applicant; and WHEREAS, this Council on September 25, 1985, held a public hearing on the proposed rezoning; and WHEREAS, the applicant amended the original application and proffered conditions on November 5, 1985, to permit a less intensive use thmn originally proposed; and WHEREAS, it is determined that the proposed amendment, as revised, is in the interest of the public necessity, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from County R-2 to Town B-l, 6.81245 acres of land located on the east side of Fort Evans Road and bounded by Fort - 2 - AMENDING THE ZONING MAP FOR REZONING APPLICATION #ZM-62 Evans Road on the north, Route 15 By-pass on the south, land of Basil M. and Mary D. DeLashmutt/Perry M. and Mary Ellen Wolverton on the west, and the Route 15 By-pass on the east, in accordance with a plat prepared by Rodgers Bros. & Associates, Inc., dated September 4, 1985, subject to the following proffered conditions submitted in accordance with Section 15.1-491..2 of the Code of Virginia as amended: (1) The overall amount of retail floor area permitted on-site be limited to 35% of the total floor area. (2) Inclusion of the property within an office zoning district when a new zoning ordinance and map are adopted, if desired by the Town.. (3) A minimum of 20% landscaped open space be provided on-site based on a landscape plan approved by the Land Development Official. (4) The establishment of landscaped buffer areas adjacent to the residential areas and the By-pass with the By-pass screen to be approved by the Land Development Official. (5) Inclusion of 5% interior landscaped area with opaque screening to hide parked cars along the public road frontage, along with one street tree for every 40 feet of frontage as shown on a landscape plan approved by the Land Development Official. (6) The dedication of five feet of additional right-of-way and con- struction of road improvements to Fort Evans Road as approved by Director of Engineering. (7) Improvements to the By-pass necessary'to allow.right turns only in and out of Fort Evans Road at its western intersection with the Route 15 By-pass, as discussed by the applicant with the Town of Leesburg and VDH&T -3- AMENDING THE ZONING MAP FOR REZONING APPLICATION #ZM-62 or construction of a cul-de-sac on applicant's side of Fort Evans Road as shown on the illustration attached to the signed proffers for #ZM-62 dated November 5, 1985, as discussed by the Town Council. These improvements shall also be guaran- teed by the applicant in a form approved by the Town Attorney at the time of final development plan approval for the first phase of development on this property. (8) Contribution of either 22% o9 $26,400 of the cost of the traffic sig- nal at East Market Street and Fort Evans Road, whichever is less. (9) Permitted uses allowed on-site be limited to those listed below: OFFICE USES - Medical Office - Business or Professional Offices - Government Offices COMMERCIAL USES 1. No freestanding retail uses 2. No unenclosed storage 3. Excluding all drive-in and drive-thru uses and all 24-hour commercial activities, except drive-in banking facilities 4. Not to exceed 35% of total floor area - Drug Store/Pharmacy - Office Supply - Bank/Savings & Loan - Restaurant - Personal Services - Business Services (Printing, stationery, etc.) - Book Store - Gift Shop - Clothing Store - Similar uses which are supportive to office uses - 4 - AMENDING THE ZONING MAP FOR REZONING APPLICATION #ZM-62 RESIDENTIAL USES (None) GOVERNMENT USES SECTION II. PASSED this ATTEST: Government Office Library or Museum This ordinance shall be in effect upon its passage. 13th day of November , 1985. Clerk of ~uncil Robert E. Sevi~a, Mayor Town of Leesburg