HomeMy Public PortalAbout1986_05_14_O022 PRESENTED May 14~ 1986
ORDINANCE NO. 86-0-22 ADOPTED May 14, 1986
AN ORDINANCE: AMENDING THE ZONING MAP FOR REZONING APPLICATION #ZM-70
WHEREAS, Rezoning Application #ZM-70 by Bruce M. Brownell to rezone
82.9 acres of land near the corner of Route 643 (Sycolin Road) and Route
654 (Lawson Road) from County R~i to County R-2 was referred by this Council
to the Planning Commission on October 9, 1985; and
WHEREAS, the Planning Commission held a public hearing on this
application on December 6, 1985; and
WHEREAS, the applicant revised the application and proposed certain
proffered conditions; 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; and
WHEREAS, the applicant amended the conditions on the original applica-
tion and proffered on May 14, 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 R-2, 82.9 acres
of land bounded by the land of Engle and Carlton on the north, Route 654 on
AMENDING THE ZONING MAP - #ZM-70
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the south, the land of Ciganeck, Alberts, Davis and Reisner on the east and
land of Engle, Horrocks and the European American Furniture Company on the
west, in accordance with a plat prepared by Patton, Harris & Rust, Inc.
dated May 14, 1986. This rezoning is subject to the proffered conditions
submitted in accordance with Section 15.1-491.2 of the Code of Virginia as
amended:
Site Plan. The tract shall be developed in general compliance with
the Plat submitted with the zoning application prepared by KDA and
Patton, Harris Rust & Associates dated May 14, 1986.
Road Right-of-Way Dedication. The applicant shall dedicate, free and
clear of all liens and encumbrances, 60 feet from the existing
centerline of Route 654 at the time the land is needed for road
improvements by the Town of Leesburg or at the time of approval of
the final subdivision plat for the property whichever occurs first.
o
Road Improvements. Route 654 shall be improved along the southern
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. This pro rata share shall be
determined by the Town of Leesburg and calculated by the following
formula developed by the Town of Leesburg 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.)
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 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.
AMENDING THE ZONING MAP - #ZM-70
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Access. No zoning permits shall be issued for Lots 81 through 90
until the internal street connection between lots 81 and 54 is
completed to allow access of these lots through the tract to the
designated entrance to the project on Route 654.
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Vegetation and Slope. Both slope ahd mature trees shall be protected
to the greatest extent possible. Mature trees and slopes in excess
of 15% shall only be removed or modified as necessary to accommodate
the site construction, access, utilities service and the creation of
usable lots and yards for the proposed single family detached housing
development.
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.
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pUblic School Bus Access. The applicant agrees that no house shall
be constructed more than eight tenths of a mile from a school bus
shelter constructed adjacent to a public road.
Park Area. The applicant agrees that the area designated as "park"
on the plat submitted with the zoning application, shall be dedicated
to the Town of Leesburg at the time of final plat or plan approval, or
to the Northern Virginia Regional Park Authority if refused by the
Town of Leesburg. If the park area is not desired by either agency,
it shall be placed in the ownership, control and maintenance of the
homeowners association.
Park Contribution. In the event the park area is accepted by the
Town of Leesburg for development for Town use the applicant shall
donate five thousand dollars ($5,000.00) to the Town to be used for
the development of the park. This contribution shall be paid to the
Town of Leesburg on a per dwelling unit basis at the time of issuance
of zoning permits for each dwelling unit on the property.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this 14th day of May , 1986.
~~Mayor
Town of Leesburg
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