HomeMy Public PortalAbout1986_05_14_O021 PRESENTED May 14~ 1986
ORDINANCE NO. 86-0-21 ADOPTED May 14~ 1986
AN ORDINANCE: AMENDING THE ZONING MAP FOR REZONING APPLICATION #ZM-63
WHEREAS, Rezoning Application #ZM-63 by Bruce M. Brownell to rezone
14.43 acres of land at the corner of Route 643 (Sycolin Road) and Route 654
(Lawson Road) was referred by this Council to the Planning Commission on
July 10, 1985; and
WHEREAS, the Planning Commission held a public hearing on this
application on August 1, 1985; and
WHEREAS, the Planning Commission recommended to Council approval of
this application on January 16, 1986, contingent upon certain proffered
conditions and modifications of the original application; and
WHEREAS, this Council on March 12, 1986 held a public hearing on the
proposed rezoning as revised; and
WHEREAS, the applicant amended the conditions on the original applica-
tion and proffered on May 1% 1986, to permit a less intensive use than
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-1 to County PD-CH, 7.93 acres
of land bounded by the land of Horrocks on the north, Route 654 on the
south, Route 643 on the east and the land of European-American Furniture,
Inc. on the north, in accordance with a plat prepared by Patton, Harris &
AMENDING THE ZONING MAP - #ZM-63
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Rust, Inc. dated May 9, 1986.
SECTION II. The Leesburg Zoning Ordinance is amended to revise the
Zoning District Map to change from County R-1 to Town R-3, 6.5 acres of
land bounded by the land of Horrocks on the north, Route 654 on the south,
and the lands of European-American Furniture Company, Inc. on the east and
the west in accordance with a plat prepared by Patton, Harris & Rust, Inc.
dated May 9, 1986.
SECTION III. These zoning map amendments are subject to the following
proffered conditions submitted in accordance with Section 15.1-491.2 of
the Code of Virginia, as amended:
Undesirable uses. The uses listed in the use category "Auto Sales,
Services" under Section 710.2 of the Planned Development - Commercial
Highway zone of the Loudoun County Zoning Ordinance shall not be used
or located on this tract of land, with the exception of one "Auto-
mobile Filling Station" which may be located on the property.
Limitation of Commercial Square Footage. Commercial uses shall not
exceed 82,000 square feet and office uses shall constitute the
remainder of the allowable building area on the 7.93 acres of rezoned
PD-CH land.
Access to Site. Access to the PD-CH tract from Route 643 and Route
654 shall be limited to one location on each road as approved by the
Town of Leesburg.
Building Configuration. No free-standing "convenience grocery store"
shall be located on the property, and the site shall have no less
than twenty percent landscaped open space.
Building setback. No commercial building shall be located closer
than 100 feet from the northern property line, and no commercial
parking spaces shall be located closer than 50 feet from the northern
property line.
Townhouse Development. Townhouse development on the 6.5 acres of R-3
rezoning shall utilize parking courts and shall not have direct access
to Route 643, but shall share access with the parcel to the east.
Road right-of-way dedication. The applicant shall dedicate free and
clear of all liens and encumbrances, 30 feet and 60 feet, respective-
ly, from the centerline of Route 643 and Route 654 at the time the
AMENDING THE ZONING MAP - #ZM-63
land is needed for road improvements by the Town of Leesburg or at the
time of approval of the final plat or development plan for the
development of the tract, whichever occurs first.
Road Improvements. Routes 643 and 654 shall be improved along the
property frontage to a standard 30-foot "rural pavement section" with
appropriate acceleration, deceleration, turn lanes and/or transi-
tional pavement sections as required by the Town of Leesburg
standards. In addition, a contribution shall be given in the amount
of the pro rata share of future transportation improvements to improve
Route 654 from its intersection with Route 643 to the proposed
intersection with Route 7 to the east and to construct a grade-
separated interchange at the Route 643/Bypass intersection. This pro
rata share shall be determined by the Town of Leesburg and calculated
by the following formula developed by the Town of Leesburg and as
generally applied to other tracts in the Town of Leesburg for similar
purposes:
ADT FOR USE x Est. Cost of x % Traffic
Capacity of Future Road Distributed
Roadway Improvements to Roadway
Pro Rata
Contribution
for Roadway
o ADT for use
= Average Daily Trips per land use category as
found in the Institute of Transportation
Engineers "Trip Generation" Manual (3rd Ed.)
O
Traffic distribution to be based on the results of a traffic
study, prepared at the developer's expense prior to the approval
of the preliminary development plan or subdivision plat; the
results of which shall be agreed upon by the developer and the
Land Development Official.
Pro rata contribution = dollar assessment per land use proposed,
due at issuance of a zoning permit for
each structure.
Architectural Quality. The development of the subject property shall
be governed by Protective Covenants to insure a coordinated and
attractive development, which will be subject to review and approval
by the Town of Leesburg's Land Development Official, including
provisions for architectural treatment and signage.
10.
Public Services. The applicant agrees to execute the Route 643 Water
Line Agreement, as transmitted to the Mayor and Council in a
memorandum dated November 25, 1985 which is adopted as part of this
proffer by reference.
11.
Reconsideration. In the event that construction of the entire 82,000
square feet of commercial development permitted on the tract is not
"substantially complete" within ten years from the date of approval of
this commercial application, the Town of Leesburg may initiate a
A~NDING THE ZONING MAP - #ZM-63
rezoning of the PD-CH District to a less intensive use. In the event
the Town Council downzones the property to another use, the Town will
not be sued to reinstate the PD-CH zoning.
SECTION IV.
PASSED this
This ordinance shall be in effect upon its passage.
14th day of May , 1986.
Charles J: Williams, Vice-Mayor
Town of Leesburg
ATTEST:
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