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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 2 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 3 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. o 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. o 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 ATTEST: