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HomeMy Public PortalAbout1988_05_11_O015 ZM 92 Brownell£ccsl~urg ORDINANCE NO. AN ORDINANCE: PRESENTED May 11, 1988 88-0-15 ADOPTED May 11, 1988 AMENDING THE ZONING DISTRICT MAP FOR REZONING APPLICATION #ZM-92 BY BROWNELL, INC. WHEREAS, the Council on July 22, 1987, referred rezoning application #ZM-92 by Brownell, Inc., to the Planning Commission for public hearing and recommendation; and WHEREAS, the Planning Commission held a public hearing on this applica- tion on September 17, 1987; and WHEREAS, the Planning Commission on October 15, 1987, recommended to Council denial of this application due to a lack of sufficient information to recommend approval within the 90-day time period for Commission action; and WHEREAS, the applicant and the property owner submitted a signed nota- rized proffer statement on November 25, 1987, prior to the Council public hearing; and WHEREAS, the Council held a public hearing on this application with the written proffer statement on November 25, 1987; and WHEREAS, the applicant submitted revised proffers on May 6, 1988, which address remaining Council concerns regarding this application and ~hich do not increase the intensity of the proposed rezoning; and WHEREAS, this rezoning is in the best interest of the public health, safety, welfare and convenience and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg as follows: RESOLUTION: AMENDING THE ZONING DISTRICT MAP FOR REZONING APPLICATION #ZM-92 - BROWNELL, INC. 2 SECTION Io The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from County R-1 to Town R-1 an 8.0012- acre parcel of land located on the north side of the Paxton Subdivi- sion at the north end of Wildman Street and bounded on the north by land of the Paxton Home for Convalescent Children, on the south by land of McCahill and Murphy, on the west by land of the Catholic Dio- cese of Arlington, and on the east by land of Leesburg Joint Venture, as shown on a plat dated June 1987 prepared by Paciulli, Simmons and Associates, Ltd.; subject, however, to the following conditions prof- fered in writing by the property owner and applicant in accordance with Section 15.1-491(a) of the Code of Virginia, as amended: 1. CONCEPT PLAN - The preliminary subdivision plat for the subject property will be in general conformance with the concept plan prepared by Brownell, Inc., and dated November 10, 1987. 2. TREE PRESERVATION - Any specimen trees on the subject property will be saved provided they do not interfere with construction of roads, utilities and houuses. 3. FIRE AND RESCUE CONTRIBUTION - A cash payment in the amount of $200 per dwelling unit will be made to the Town of Leesburg at the time of the issuance of the zoning permit for each dwell- lng unit. These funds are to be distributed equally to the Leesburg Volunteer Fire and Volunteer Rescue Squads. No zoning permit shall be issued if this fee is not paid. 4. IDA LEE PARK CONTRIBUTION - A cash payment in the amount of $150 per dwelling~unit w~ll be ~made to the Town of Leesburg for the development of Ida Lee Park. This payment will be made at the time of the issuance of a zoning permit for each dwelling unit. No zoning permit shall be issued if this fee is not paid. 5. ROAD IMPROVEMENT CONTRIBUTION - A cash payment in the amount of $1,000 per unit will be made to the Town of Leesburg for the con- struction of the public streets system. This payment will be made at the time of the issuance of a zoning permit for each dwelling unit. No zoning permit shall be issued if this fee is not paid. 6. CONSTRUCTION ACCESS - Upon a finding by the Town Manager that construction traffic to the subject property is creating a public nuisance, all construction traffic shall enter and leave the site through a driveway connection to Route 15 as identified in Zoning Map Amendment nintey-six (ZM-96) SECTION II. This ordinance shall be in effect upon its passage. ATTEST: PASSED this llth day of May , 1988. Robert E. Sevila, Mayor Town of Leesburg Deputy Clerk of Council