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HomeMy Public PortalAbout1986_11_12_O054ORDINANCE NO. AN ORDINANCE: PRESENTED November 12~ 1986 86-0-54 ADOPTED November 12~ 1986 AMENDING THE ZONING MAP FOR #ZM-73 -- WOODROW W. TURNER AND SHERRY S. WILSON, TRUSTEES WHEREAS, Rezoning Application #ZM-73 by Woodrow W. Turner and Sherry S. Wilson, Trustees, was initiated and referred to the Planning Commission on January 8, 1986; and WHEREAS, the Planning Commission held a public hearing on this application on February 6, 1986; and WHEREAS, the Planning Commission on June 19, 1986, recommended to Council approval of this application, as amended, with proffers dated June 19, 1986, subject to additional conditions relating to road improvements and utility service; and WHEREAS, the Council held a public hearing on this application on August 13, 1986, prior to which written proffers were submitted by George A. and Sherry S. Wilson; and WHEREAS, the August 13, 1986, proffers noted above were not signed by the property owners as required by Section 15.1-491 of the Code of Virginia, as amended; and WHEREAS, an additional Council public hearing was held on October 8, 1986, prior to which signed proffers dated October 8, 1986, were submitted by the pro- perty owners; and WHEREAS, an amended proffer statement dated November 7, 1986, was submitted which is more restrictive than the proffers dated October 8, 1986, in order to address further Council concerns regarding this application; and -2- AMENDING THE ZONING MAP FOR #ZM-73 -- WOODROW W. TURNER AND SHERRY S. WILSON, TRUSTEE S WHEREAS, it is determined that this rezoning, with proffered conditions, is in the interest of public welfare, convenience 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 A-3 and County R-1 to Town R-1 a 10.0004-acre parcel of land on the east side of Route 654 bounded by European-American Furniture Company on the north, Jeffrey O. Wellborn, Tee., on the south, Route 654 on the west, and European-American Furniture Company on the east, in acc·r- dance with a plat prepared by Patton Harris Rust and Associates dated November 27, 1985, subject to the following proffered conditions submitted by the pro- perty owner in accordance with Section 15.1-491(a) of the Code of Virginia as amended: Site Plan: The tract shall be subdivided into not more than 16 lots in general compliance with the "House Location and Grading Study" plat prepared by Patton Harris Rust and Associates, dated March 10, 1986. (Specific house locations and building footprints shown thereon shall not be considered part of the plat.) The plat referenced above may be revised by the developer with approval of the Planning Commission and Town Council without public hearings. Such revisions shall not result in any increase in the number of lots. Lawson Road: The developer, at the time of final plat approval, shall dedicate to the town sufficient right-of-way to provide 25 feet of public right-of-way from the existing centerline of Lawson Road across the frontage of the tract. In lieu of standard requirements for curbs, gutters, and sidewalks on the Lawson Road frontage the developer shall widen and grade Lawson Road across the frontage of the tract, including the Dudeck spring house lot, and provide a 20-foot wide paved travel surface and necessary shoulders, drainage and roadside swales and shall construct a 50-foot radius paved public turnaround on right-of-way provided by others or from the tract being rezoned here. The pavement -3- AMENDING THE ZONING MAP FOR #ZM-73 -- WOODROW W. TURNER AND SHERRY S. WILSON, TRUSTEE S shall meet the town's standard paving specifications placed on subgrade meeting town standards. The developer at the time of final plat approval shall bond construction of the said public improvements. The town, as a condition of the issuance of a zoning permit for each lot within the tract, shall be paid $500.00 per lot to be used to make improvements to Lawson Road between Sycolin Road and the tract. Public Park Dedication: The developer, at the time of final plat approval, shall dedicate to the town (or its designee) for public park purposes an area of approximately 10,000 square feet located at the northeast corner of the property. The area dedicated shall lie within a triangle formed by points located as follows: (1) a point on the north line of the tract lying 100 feet west of the northeast corner of the tract; (2) a point at the north corner of the tract; and (3) a point on the east line of the tract lying 200 feet south of the north corner of the tract. Vegetation and Slope: Both slope and mature trees shall be protected to the greatest extent possible. Mature trees and slopes in excess of 15 percent shall be removed or modified only as necessary to accommodate site construction, access, utility service and the creation of usable lots and yards for proposed dwellings. 0 Public Utilities: Dwellings on the property shall be served by water and sewer utilities of the Town of Leesburg which shall be designed, bonded and constructed as required by the Subdivision Regulations. No zoning permit shall be issued for any house to be served by a private well and/or septic drainfield. SECTION II. This ordinance shall be in effect upon its passage. PASSED this 12th day of , 1986. Charles J. W~liams, Vice-Mayor Town of Leesburg ATTE ST: Clerk of/ouncif