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Home My Public Portal About1990_07_25_O021eeslJurg in ~firgi~ia ORDINANCE NO. 90-0-21 PRESENTED July 25~ 1990 ADOPTED July 25, 1990 AN ORDINANCE: APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-82 CHAleT,ES B. DELASHMUTr AND ANN ENGLE WHEREAS, on October 22, 1986 the Town Council received and referred to the planning Commi~.sion an application for rezoning of approximately 8 acres located at the southeast quadrant of the intersection of the Route 7/15 Bypass and Sycolin Road from County R-1 and Town R-2 to County PD-CH; and WHEREAS, the Planning Commi.~sion held a public hearing to consider this application and proposal for approximately 126,000 square feet of office/commercial development on January 8, 1987; and WHEREAS, following a period of deferral at the request of the applicant, the Planning Commission recommended approval of this rezoning with proffers for the development of approximately 76,000 square feet on March 3, 1988; and WHE~, the Town Council held a public hearing on May 11, 1988 to consider this rezoning application; and WH~, the applicant deferred action on the application until December, 1989, at which time Town Council consideration was re-activated; and WHEREAS, the existing zoning district designations and the proposed zoning district designation were changed with the comprehensive zoning revisions adopted April 24, 1990 from Town R-1 and R-6 to 0-1 General Office zoning district with proffers; and WHEREAS, an additional Town Council public hearing was held on June 13, 1990 to consider rezoning the property from R-1 and R-6 Residential to 0-1 General Office zoning district with proffers to permit a maximUln gross floor area of 67,500 square feet of office and accessory personal service uses; and WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare and good zoning practice: -2- ORDINANCE APPROVING #ZM-82 BY CHARLES B. DELAStIMUTT AND ANN ENGLE THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-82 by Charles B. Delashmutt and Ann Engle is hereby approved and the Leesburg Zoning District Map is amended to change from R-1 and R-6 Residential to O-1 General Office as proffered, appro~mstely 8.2 acres of land located at the southeast q, mdrant of the intersection of the Route 7/15 Bypass and Sycolin Road and further identified as Loudoun County Tax Map 48, Parcel 77, as shown on the concept plan drawn by Marc Weiss and Associates dated April 6, 1990; subject to the following conditions proffered in writing by the property owner on July 11, 1990, in accordance with the provisions of Section 15.1-49(a) of the 1950 Code of Virginia, as amende& The applicant agrees to develop the property in substantial conformsnce with the Conceptual Development Plan (CDP) prepared by Marc Weiss and Associates and dated April 6, 1990. Nothing in this proffer shall prevent the applicant from msklug changes to the Conceptual Development Plan in order to comply with town regulations. Minor changes shall be allowed to accommodate such compliance. 2. Permitted Use~ The following uses shall be permitted as set forth in the Town of Leesburg Zoning Ordinance adopted April 24, 1990. B. C. Offices Recreation facility Personal services, which are accessory uses to office uses, including the following:. Bank without drive-in fadlity Barber Shop Beauty Shop Dry-cle~nlnE and/or laundry pickup station Shoe repair shop Watch repair shop Photostat shop Tailor shop Travel agency Office supply store Newspaper stand Eating establishment without drive-in facility The following use may be permitted by special exception: Child care center -3- ORDINANCE APPROVING #ZM-82 BY CHARLES B. DELASBMUTT AND ANN ENGLE Access to the property from Sycolin Road (Route 643) slmll be limited to one location as generally shown on the Concept Development Plm~ The applicant shall dedicate, to the Town of Leesburg, free and dear of all liens and encumbrances in a form approved by the Town Attorney. 45 feet from the centerline of Sycolin Road (Route 643) along the property frontage (approximately 875 feet); additional land which may be needed for a right turn lane along the property frontage south of the proposed entrance; and 100 feet from the existing centerline of Sycolin road for a distance of 400 feet south of the existing Sycolin/B~ute 15 Bypass intersection as shown on the CDP to accommodate construction of an overpass. These dedications shall occur when requested by the Town of Leesburg for road improvements or at the time of approval of the final plat or development plan for the development of the property, whichever occurs first. 5. Road The applicant shall improve Sycolin Road along the entire property frontage to one-half a standard 52-foot "urban pavement section" with appropriate acceleration, deceleration, turn lanes and/or trandtional pavement sections as required by Town of Leesburg standards. These improvements will be designed and bonded with the first fmal plat or final development plan for the development of the property, whichever occurs first. In addition, a contribution of $76,000.00 shall be given as the pro rata share of future off-site transportation improvements. This contribution shall be made prior to issuance of a zoning permit for construction of the first building. This contribution shall be adjusted ann~mlly from the date of approval of this rezoning according to the Construction Cost Index (CCI) as shown in the Engineering News Record. The applicant agrees to submit architectural elevations to the town for review and approval by the Town Council prior to prellmlna~ development plan approval. The buildings shall be designed for maximllm architecttlral compatibility with adjacent residential uses. The applicant agrees not to oppose the closing of the existing Sycolin Road/Leesburg Bypass intersection when the overpass is constructed and open to traffic. Applicant agrees that immediately prior to the time each zoning permit is obtained, Applicant, or its successors in interest, will pay to the Town of Leesburg the sum of $0.25 per gross square foot of building area as a non-refundable contribution to the f~re and rescue facilities providing service to the Property. This contribution shall be adjusted Anntmlly from the date of approval of this rezoning according to the Consumer Price Index (CPI). The applicant shall preserve slopes greater than 25 percent above elevation 350 feet and existing tree cover along the rear property line as generally indicated on the CDP. Applicant shall submit -4- ORDINANCE APPROVING #ZM-82 BY CHAI~LES B. DELASHMUTT AND ANN ENGLE a tree preservation and prellmlns~, grading plan with the £mst pre'~ site plan for development of the property for approval by the land Development Official Applicant shall provide a 50-foot building and parking setback along the southern property boundary as shown on the CDP and a vegetative buffer as required by Section 9A of the Town of Leesburg Zoning Ordinance. Applicant acknowledges that the/'mai plat and construction drawings are subject to the terms and conditions of the applicable subdivision and zoning ordinances as well as Town engineering and construction standards. Applicant also acknowledges that Concept Development Plan approval does not express or imply any waiver or modification of the requirements set forth except as specifically cited by ordinance section and paragraph in the motion approving this rezoning. Applicant represents that it has fun authority to mske these proffers and to execute this doc~ment, that these proffers are made voluntarily and shall be binding on all owners, heirs, successors and assigns. SECTION II. This ordinsuce shall be effective upon its passage. PASSED this 25 t h day of July ~1990. Robert E. Sevila, Mayor Town of Leesburg ATTEST: Clerk of Co~cii O:zm-82