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Home My Public Portal About1988_09_27_O033 PRESEN~rED September 27, 1988 88-0-33 ADOPTED September 27, 1988 AMENDING THE ZONING MAP FOR #ZM-102 VCH, INC. ORDINANCE NO. AN ORDINANCE: Wh~P3~AS, Rezoning application #ZM-102, by VCH, Inc., was initiated and referred to the Planning Commission on April 13, 1988; and WHEREAS, the Planning Commission held a public hearing on this application on June 2, 1988; and WHEREAS, the Planning Commission on July 7, 1988 recommended to Council approval of this application, contingent upon the proffers submitted and additional conditions relating to slope preservation; and WHEREAS, the Council held a public hearing on this application on September 13, 1988, prior to which, a signed, notarized proffer statement was submitted by the property owner; and WHEREAS, this Council finds this rezoning to be in the best interest of the public health, safety, 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 R-1 and A-3 to Town R-1 on a 5.001 acre parcel of land located on the eastern edge of Lawson Road (Route 654) and bounded on the north by the proposed Turner-Wilson Subdivision; on the west by Lawson Road (Route 654) and property of Ciganek, Laude and Alberts; and on the south by lands of Leegate Corporation; in accordance with a boundary plat dated February 19, 1988 by Ken W. Erickson, Inc. submitted with the application; and subject to the AMENDING THE ZONING MAP FOR #ZM-102 - VCH, INC. 2 following proffered conditions submitted by the property owner in accordance with Section 15.1-491(a) of the Code of Virginia as amended: Concept plan: The tract shall be subdivided into not more than 9 lots in general conformance with the revised Concept Plan and the "Approximate Limits of Clearing and Grading Plan: prepared ]by Patton, Harris, Rust and Associates, PC., dated September 20, 1988 as approved by the Town Council. Site development and all development will comply with subdivision regulations and any and all other laws of Town, State and/or County. Lawson Road: The developer, at the time of final plat approval, shall dedicate to the Town in a form approved by the Town Attorney, 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, as illustrated on the concept plan referenced in Proffer #1, and shall dedicate additional right-of-way to allow for the realignment of Lawson Road to its ultimate intersection with Battlefield Parkway, as required by the Town. Frontage improvements will be completed by the developer to meet the ultimate section approved by the Town of Leesburg for Lawson Road in this location as specified in the July 7, 1988 memo to the Planning Commission from Paul Gauthier and provide a pedestrian trail of a design approved by the Town of Leesburg, to be located within the public right-of-way if possible or within 10 feet of the right-of-way within a public access easement. The developer, at the time of final subdivision plat approval, shall bond construction of the said public improvements and shall construct such improvements in accordance with Town standards. The Town, prior to the issuance of a zoning permit for each new dwelling unit constructed within the tract, shall be paid $1,000.00 per dwelling unit for the eight (8) new dwelling unites, to be used for regional road improvements in the area. Fire, Rescue & Public Park: The developer, prior to the receipt of zoning permits for the eight new dwelling units on the property, shall make a non-refundable cash contribution to the Town of Leesburg, of $100.00 per dwelling unit for fire & rescue and $200.00 per dwelling unit for Ida Lee Park for each new dwelling unit constructed on the property. Vegetation & Slope: Both steep slopes and mature trees shall, be protected to the greatest extent possible as shown on the clearing and grading plan dated September 20, 1988, referenced in Proffer #1. Mature trees (18" dbh) and slopes in excess of 15 percent shall be removed or modified only as necessary to accommodate site construction, access, utilities service, and the creation of usable lots and yards for proposed dwellings. Slopes in excess of 25% will be preserved as shown on the concept plan referenced in Proffer #1. A detailed grading/house location plan and tree preservation plan including 2' topo and 25% slopes shall be submitted to the Town for approval as a part of the preliminary subdivision application. AMENDING THE ZONING MAP FOR #ZM-102 - VCH, INC. o A/TEST: Public Utilities: All dwellings on the property shall be served by the extension of Town water and sewer utilities, which shall be designed, bonded, and constructed by the developer in accordance with Town standards. Lots 3 & 4, as illustrated on the concept plan referenced in Proffer #1, shall meet the current minimum 75 foot lot width standard at the front yard setback line as determined at the Preliminary Subdivision Plat review stage to the extent of relocating the existing pool if necessary to preserve 25% slopes. Public Park Dedication: The developer, at time of final plat a~proval, shall dedicate in a form approved by the Town Attorney, to t~ae Town (or its designee) for public park purposes an area of approximately 14,935 square feet located at the northeast corner of the property, further described as Parcel A on the Concept PI. an referenced in Proffer SECTION II. PASSED this This ordinance shall be in effect upon its passage. 27th day of Sept. , 1988. Robert E. Sevila, Mayor Town of Leesburg dlerk o~ Council/~/;;