HomeMy Public PortalAbout1986_01_22_O004Tlte Town, qf Leesburg in Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED January 22~ 1986
86-0-4 ADOPTED January 22~ 1986
AMENDING THE ZONING MAP FOR REZONING APPLICATION
#ZM-65 BY R. MARSHALL MOIST
WHEREAS, Rezoning Application #ZM-65 by R. Marshall Moist to rezone
from Town R-2 to Town R-3 ten acres of land located on the north side of
Fort Evans Road was referred by this Council to the Planning Commission on
August 14, 1985; and
WHEREAS, the Planning Commission held a public hearing on this applica-
tion on October 3, 1985; and
WHEREAS, the Planning Commission recommended to Council denial of this
application on October 17, 1985, based on the incompatibility of the pro-
posed townhouse use with adjacent single-family and duplex residences; and
WHEREAS, the applicant submitted voluntary proffers on December 6, 1985,
designed to address some of the concerns of the Planning Commission and
residents of the area; and
WHEREAS, this Council held a public hearing on the proposed rezoning
on December 11, 1985; and
WHEREAS, the applicant submitted revised proffered conditions on
January 20, 1986, to address additional Council concerns, and such proffered
conditions will not increase the intensity of use originally proposed; and
WHEREAS, the proposed rezoning is in conformance with the adopted
Leesburg Comprehensive Plan; and
WHEREAS, it is determined that the proposed amendment with the proffered
conditions is in the interest of public necessity, convenience, general
welfare and good zoning practice:
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AMENDING THE ZONING MAP FOR REZONING APPLICATION #ZM-65 BY R. MARSHALL MOIST
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 Town R-2 to Town R-3 ten acres of land
located on the north side of Fort Evans Road, N.E., bounded by the lands of
Heritage Village Limited Partnership on the north; the lands of Fischer, Hough
and BTNB Partnership and Fort Evans Road on the south; Cedar Walk Subdivision,
Section 2, Lots 6-17, and the property of Rowland on the west; and the lands
of Leesburg Joint Venture on the east, in accordance with a plat prepared by
Chamberlin-Wolford Associates, dated July 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 subdivision plat for this tract shall include dedication of
an additional five feet of right-of-way and construction of full
frontage improvements including curb, gutter and sidewalk along
Fort Evans Road; and
(2) The subdivision plat for this tract shall provide adequate screen-
ing and buffering of the Hough and Fischer properties located along
Fort Evans Road to the south. Screening shall consist of a solid
wood fence to be constructed around the north, east and west of
the Hough property and the north and west of the Fischer property.
The buffer shall include the planting of six-foot high white pines
spaced 25 feet on center around the Hough and Fischer properties
and adjacent to the Cedar Walk Subdivision; and
(3) The owner agrees not to construct one bedroom units as part of
this development; and
(4) Development of this project shall occur substantially in con-
formance with the concept plan dated January 2, 1986, by Burke
Smith and Associates; as determined by the town; and
(5) The minimum initial sales price for dwellings within this project
shall be $75,000.00; and
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AMENDING THE ZONING MAP FOR REZONING APPLICATION #ZM-65 BY R. MARSHALL MOIST
(6) The owner shall establish a $4,000.00 recreational facilities
fund for the benefit of the Homeowners' Association.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this 22nd day of January , 1986.
ATTEST:
Clerk of ~Unc~l
Robert E. Sevila, M~yor
Town of Leesburg