HomeMy Public PortalAbout1989_07_25_O020LeesBurg
ORDINANCE NO.
AN ORDINANCE:
PRESENTED July 25, 1989
89-0-20 ADOPTED July 25, 1989
APPROVING THE EEZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-108 BY CARL BERNSTEIN INVESTMENT
CORPORATION
WHEREAS, the Town of Leesburg received a complete rezoning apph'cation and fees from Carl
Bernstein Investment Corporation on March 10, 1989; and
WHEREAS, Mr. Howard B. Katz has applied on behalf of Carl Bernstein Investment Corporation
to rezone appro~mstely 17.41 acres of land located on the north side of Lawson Road (Route 654), and
further identified as Loudoun County Tax Map 48, Parcels 76C, 76I, Tax Map 48((8)), Parcel 5, and Tax
Map 48J((1)), Parcel 2B, from the County R-1 residential zoning district to the Town R-1 residential
zoning district with proffers; and
WHEHEAS, the Town Council received and referred this application to the plAnnin~ Commission
for public hearing and recommendation under Chapter 11, Title 15.12 of the 1950 Code of Virginia, as
Amended, on March 28, 1989; and
WHEREAS, the applicant submitted revised proffers on May 10, 1989; and
V~I-IE~, the l~l~lning Commi~on held a public hearing on this rezo~in~ application on
May 11, 1989; and
WHEREAS, the concept plan submitted with this application, proposing thirty-three (33) singi~
family residential lots at an overall density of 1.92 dwellln~ units per acre and identified as ~Beauregard
Estates, Phase 4% was revised by the applicant on May 15, 1989; and
WHEREAS, on May 18, 1989 the Planning Commlm~ion ~mmnlmously recommended approval of this
rezoning application with proffers, pending Town Attorney review of the drai~ proffers and concept plan
prior to Town Council adoption; and
WHEKEAS, The Town Council held a public hearing on ease #ZM-108 on July 11, 1989; and
WHEREAS, the applicant submitted revised proffers on July 13, 1989; and
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APPROVING THE RF, ZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR
#ZM-108 BY CARL BERNSTEIN INVESTMENT CORPORATION
WHEREAS, the Planning and Zoning Committee of the Town Council recommended approval of
case #ZM-108 with proffers on July 19, 1989; and
WHEREAS, the applicant submitted final revised proffers sil~ned and notarized on July 20, 1989;
and
WHEREAS, the proposed Town R-1 zoning, with proffers, and residential development is compatible
with surroundin~ zonln~ and other residential development in the area; and
WHEREAS, the proposed Town R-1 zoning with proffers, and residential development is consistent
with the intended uses and activities desi.~ns~ for this area by the I~nd Use Policy Map component
of the Town Plan 1986, as amended; and
WHE~, this rezoni~ request is in the interest of public necessity, convenience, general welfare
and good zonin~ practice:
THEREFORE, ORDAINED, by the Council of the Town of Leesburg in V'~rl~inia as follows:
SECTION L Rezonin~ application #ZM-108 by Carl Bernstein Investment Corporation is hereby
approved and the Leesburg Zoning District Map is amended to change from County R-1 to Town R-l,
with proffers, 17.41 acres of land located on the north side of Lawson Road (Route 654), and further
identified as Loudoun County Tax Map 48, Parcel 76C, 761, and Tax Map 48((8)), Parcel 5, and Tax Map
48J((1)), Parcel 213, as shown on the concept plan drawn by Paciulli, Simmons & a88oc~t~ Ltd. revised
May 15, 1989; subject to the following conditions proffered in writln~ by the property owner on
July 20, 1989 in accordance with the provisions of Section 15.1-491(a) of the 1950 Code of V'n~'nls~ as
smendech
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APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISq.~,ICT MAP FOR
#ZM-.108 BY CARL BERNSTEIN INVESTMENT CORPORATION
The tract shall be subdivided into not more than thirty-three (33) lots in general conformance with
the concept plan, prepared by Paci,,lll; Simmons & Associates, Ltd., dated March 3, 1989 and
revised May 15, 1989, attached hereto and made a part hereof, as approved by the Town Council.
Site development and all development of this parcel shall comply with zoning, and subdivision and
land development regulations and any and all other laws of Town, State and/or County. Final site
design or lot designation is not approved with the adoption of this rezoning, and no planning or
,engineering requirements or standards shall be waived solely as the result of rezoning approval.
The Town, prior to the issuance of a zoning permit for each new dwelling unit constructed within
the tract, shall be paid by the developer a non-refundable One Tho,~nd and No/100 Dollars
($1,000.00) cash contribution per dwelling unit for each new dwening unit to be ~d for regional
road improvements in the area, as determined by the Town.
3. .Fire, Rescue and Public Park
The developer, prior to the issuance of zoning permits for each new dwelling unit on the property,
shall make a non-refundable cash contribution to the Town of Leesburg, of One Hundred and
no/100 Dollars ($100.00) per dwelling unit for fire and rescue and Two Hundred and No/100
Dollars ($200.00) per dwelling unit for Ida Lee Park for each dwelling unit constructed on the
property.
4. .V~i'on and Slope
Both steep slopes and mature trees shall be protected to the greatest extent possible as shown on
the concept plan, referenced in Proffer #1. A detailed grading/house location, plan and tree
preservation plan including two (2) foot topography and fifteen (15) to twenty-five percent (25%)
slopes shall be submitted to the Town for Planning Commission approval as a part of the
pre 'luninary subdivision application. Mature trees (18" DBH) and slopes in excess of fifteen percent
(15%) may be removed or modified only as necessary to accommodate site construction, access,
utility service and creation of usable lots and yards for proposed dwellings, as approved as part of
the above-mentioned plans. Slopes in excess of twenty-five percent (25%) shall I~.· preserved.
Road Frootsge Tm.r~enf. s
The developer, at the time of final plat approval, shall dedicate a right-of-way free and clear of all
encumbrances in fee simple with General Warranty of Title in a form approved by the Town
Attorney for, as well as bond and construct one half of a thirty-slx (36) foot curb and gutter section
along the frontage of this property to match the improvements proffered and adopted as a part of
ZM-102 for VCH, Inc. across Lawson Road to the east, in accordance with Town and VDOT
standards, and subject to inspection and approval by the Town.
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APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR
#ZM..108 BY CARL BERNSTEIN INVESTMENT CORPORATION
The developer, at the time of £mal plat approval, shall bond and construct the southern cross
section of East Battlefield Parkway, from the point at which ZM-98 for ~ Point Associates
terminates to its intersection with Tavistock Drive, in accordance with Town and VDOT standards
and subject to inspection and approval by the Towel
The applicant agrees and proffers that at such time as Lawson Road is closed, and a cul-de-sac
created at Tuscarora Creek, the applicant will interpose no objection thereto.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this 25th day of July , 1989.
Robert E. Sevila, Mayor
Town of Leesburg
ATTEST:
Clerk of ~fincil