HomeMy Public PortalAbout1987_02_11_O005L
ee$~urg in~Zirginia PRESENTED February 11~ 1987
ORDINANCE NO. 87-0-5 ADOPTED February 11~ 1987
AN ORDINANCE: AMENDING THE ZONING MAP FOR #ZM-78, MARKET SQUARE ASSOCIATES, INC.
WHEREAS, Rezoning Application #ZM-78 by Market Square Associates, Inc.
to rezone 1.47 acres of land from M-1 to B-2 was initiated by the Council
and referred to the Planning Commission for recommendation on June 25, 1986;
and
WHEREAS, the applicant submitted draft proffers to the Commission
September 25, 1986; and
WHEREAS, the Planning Commission held a public hearing on this
application on August 7, 1986; and
WHEREAS, the Planning Commission on October 16, 1986, recommended to
Council approval of this rezoning application subject to the draft proffers
and several additional conditions; and
WHEREAS, the applicant amended the application to request B-i, rather
than B-2 zoning and submitted a written notarized proffer statement prior to
the Council public hearing on this application; and
WHEREAS, the Council held a public hearing on this application on
January 14, 1987, at which time persons desiring to express their opinions
were heard; and
WHEREAS, the applicant further amended the application and proffer
statement which will result in a less intensive use than originally
proposed; and
WHEREAS, this Council finds the proposed rezoning to be in the best
interest of the public necessity, convenience, general welfare and good
zoning practice:
AMENDING THE LEESBURG ZONING MAP FOR #ZM-78 2
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 M-1 to B-I, 1.47 acres of land located on
Tax Map 48A, Block 38, Parcels 2A, 3, 4 6, 7 and 8 on the east side of South
Harrison Street and bounded by Depot Court on the South, South Harrison
Street on the west, land of N/F Crawford, Campbell and Taylor on the north
and Freedman and Messick, Inc. on the east, as described on plats prepared
by Bengtson, DeBell, Elkin and Titus, dated March 7 and March 12, 1986,
subject to the following proffered conditions submitted on February 4, 1987,
in accordance with Section 15.1-491(a) of the 1950 Code of Virginia, as
amended:
Occupancy of each of the proposed 48 residential dwelling units will be
in accordance with the Town of Leesburg Zoning Ordinance provisions
regarding Housing for the Elderly. In the event that more than one
person occupies a unit, at least one of the occupants must qualify.
Units occupied by maintenance or security personnel, or staff in
conjunction with the elderly housing shall be exempt from this
requirement.
Screening will be provided adjacent to the eastern property currently
used as an auto salvage yard. Screening will at a minimum conform to
the Town's site plan requirements, and the Planning Commission may
require additional or special screening if necessary to provide a
visual screen between the auto storage yard and Harrison Street.
o
Street furniture (benches and tables, etc.) will be provided along the
Harrison Street frontage as deemed appropriate by the Town of Leesburg
at the site plan stage.
The second floor use and occupancy of the existing Pullen Garage
structure will be restricted to community uses which are not in
conflict with the adjacent elderly housing complex. Those uses may
include (by illustration) social or fraternity groups, performing arts,
auditoriums, meeting halls, libraries or civic group meetings. Office
areas and or support areas in conjunction with these uses shall also be
permitted (such as food preparation or storage) or local, state or
federal offices which administer community programs.
The permitted commercial uses in the commercial area of the proposed
buildings shall not include any of the following uses:
A~NDING THE LEESBURG ZONING MAP FOR #ZM-78
Any residential use
Convenience retail
Private club or fraternal lodge
Kennels
Automobile related
Restaurants
Funeral homes
Laundry
Bowling alley
Warehouse
Church
Dormitory
6. The final architectural plans for the proposed buildings shall be
subject to the approval of the Town Council.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this llth
day of February , 1987.
Robert E. Sevila, Mayor
Town of Leesburg
ATTEST:
Clerk of C~ncil