HomeMy Public PortalAbout1990_10_24_O033Oees~urg in ~l~irgini~
ORDINANCE NO.
AN ORDINANCE:
PRESENTED October 24, 1990
90-0-33 ADOPTED October 24, 1990
APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP AND TOWN PLAN FOR #ZM-101 AIJ,MAN FA1WII.Y LIMITED
WHEREAS, an application for rezoning approval and an amendment of the Town Plan was
submitted by the Allman Fsmily Limited Partnership on January 28, 1988 for 8.05 acres of land located
on the west side of Route 15 and bounded on the north, south and west by the Greenway Farm Planned
Development; and
WHEREAS, this application was received and referred to Planning Commission on February 10,
1988; and
WHEREAS, this application proposed an amendment of the zoning district map to rezone the par~l
from County R-1 single-family to PD-CH; and
WHEREAS, the Planning Commi.~sion held a public hearing on this application on April 7, 1988;
and
WHEREAS, the Planolng Commission on April 21, 1988 recommended to Council approval of the
application subject to the draft proffers submitted by the applicant; and
WHERF_d~, the Town Council held a public hearing on the application on June 8, 1988 to consider
this application; and
WHEREAS, the applicant deferred action on this application until February, 1990, at which time the
Town Council consideration was re-activated; and
WHEREAS, the existing zoning district designation and the proposed zoving district designation were
respectively changed with the comprehensive zoning revisions adopted April 24, 1990 to R-1 single-fAmily
residential and B-1 downtown mixed uses districts with proffers; and
WHEREAS, an additional Town Council public hearing was held on September 26, 1990 to consider
rezoning the property from R-1 residential to B-1 downtown mixed use district with proffers to permit
a mA~mlAm g~'O~ floor area of 59,000 square feet of specialty retail and commercial uses and an inn; and
APPROVING #ZM-101 BY ,~I.I.MAN FAMILy LIMITED PARTNERSHIP
2
WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare
and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~nla as follows:
SECTION I. The rezoning application/concept plan and Town Plan amendment #ZM-101 by the
Allman Fsmily I,imited Partnership is hereby approved and the Leesburg Zoning District Map is amended
to change from R-1 to B-1 as proffered, approximately 8.05 acres of land located on the west side of Route
15, identified as Loudoun County Tax Map #47, Parcel 23, as shown on the Concept Plan drawn by Land
Services Group Limited dated May 2, 1990 and revised October 15, 1990, subject to the following
conditions proffered in writing by the property owner on October 19, 1990, in accordance with the
previsions of Section 15.1-149(a) of the 1950 Code of Virginia as amended:
Permitted Usea The following uses listed in the use category "Residential Use" shall not be
used or located on this propert~r, l~ulti-fzmily. The following uses listed in the use category
"Institutional and Commurl/ty Service Uses" shall not be used or located on this property:
Fire and/or rescue facility; Recreation facility, unless a part of the hotel/motel complex; and
Parking structure, public. The following uses listed in the use category "Commercial Uses"
shall not be used or located on this property.. Theater, indoor; Lawn and garden supply
store; Video rental store; Emergency care facility; Convenience food store; Service station; and
Veterinary hospital
Site ~ Access to the property from South King Street (Route 15) shall be provided as
generally shown on the Concept Plan. The Applicant or its successors-in-interest agrees to
construct the connection between Mead Boulevard and the subject property generally as
shown on the Concept Plan in accordance with Town standards. All entrances shall be
designed and constructed in accordance with Town and VDOT standards. The Applicant or
its successors-in-interest acknowledges that no medlsu crossover will be permitted if the mid-
point access is approved, as shown on the Concept Plan.
o
Inclns/m~ ~g Church Site in the H-2 IT3stmSc Carridse Overlay Distriea Applicant or its
successors-in-interest agrees to inclusion of the six-acre Church site shown on the Concept
Plan within the H-2 Historic Corridor Overlay District.
]/md Tm?ov~menta Applicant or its successors-in-interest shall contribute to the Town of
Leesburg the estimated cost of adding one additional travel lane to Route 15 along the
frontage of the subject property. The cost estlmste shall be reviewed and approved by the
Town of Leesburg. In addition, Applicant or its successors-in-interest shall contribute
$39,000.00 to the Town of Leesburg to be used for off-site transportation improvements.
These contributions shall be made on a pro-rata basis of $0.66 per square foot of building
area prior to receipt of zoning permits for development of the subject property. Any turn
lanes required by the Town or VDOT are in addition to the travel lane proffered hereix~
APPROVING #ZM-101 BY ,~I,I.MAN FAMILY LIMITED PARTNERSHIP 3
10.
11.
12.
~ pl~_ The Applicant or its successors-in-interest slmll develop the property in
substantial conformance with the Greenway Manor-Concept plan prepared by Land Service
Group, Ltd. dated May 2, 1990 and revised October 15, 1990.
Rezoning concept plan approval is tentative, and the final plans 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. Also, rezoning concept 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 for approval of this
rezoning. Finally, density may be decreased below the maximum approved if necessary to
provide, in the general locations indicated, all public facilities and proffered items to the
appropriate town standards.
Public Safety. Applicant or its successors-in-interest shall pay to the Town of Leesburg the
sum of $0.30 per square foot of total building area as a non-refundable contribution to the
Leesburg fire and rescue companies, prior to the issuance of the first zoning permit. This
contribution shall be made on a building by building basis.
~ of ~te i. H-1 $~tork Overlay District. The Applicant or its successors-in-interest
shall not oppose Town Council designation of the site as an Historic Landmm-k under the
provisions of Section 5A of the Leesburg Zol~ing Ordinance. The area to be so designated
shall be as shown on the Concept Plan and contains appro~mately 8.0 acres.
Pedestrian Connectkm with Gl~mway and Linden Hill_ In lieu of a standard sidewalls;
Applicant or its successors-in-interest shall construct a six-foot wide asphalt pedestrian
walkway vaxy]~ in distance from the right-of-way within the 100 foot buffer area along the
South King Street (Route 15) property frontage. Construction of the walkway shall be
bonded prior to approval of the first final site plan for this property and shall be designed
and constructed in accordance with Town standards.
Preservatkm of ~ Trees near Man~ House/Open Spaee Buffer. The Applicant or its
successors-in-interest shall; during the site development process, designate and preserve, to
the greatest extent possible, the ~l~ree Preservation Area" in front of the manor house as
designated on the Existing Conditions Plan prepared by TAnd Services Group, dated May 2,
1990.
Installation of a Tr~e- Signal at the Nc~ern Gree~way Entrsm~ The Applicant or its
successors-in-interest shall contribute to the Town 25 percent of the cost of installing a traffic
signal at the intersection of Greenway Drive and South King Street. This contribution shall
be made prior to issuance of the first zoning permit for development of the subject property
or when the traffic signal is warranted by VDOT, whichever comes first.
A~hitect~al Clmmeter. The general architectural character, scale and materials anticipated
for this project shall be as shown in the photographs included on the Concept P!an~
]~t~or Clans~ All monetary contributions stated in these proffers shall be subject to
adjustment at a rate equal to any fluctuations in the Cons~mer Price Index (C.P.I.) from the
date of final rezoning approval.
APPROVING #ZM-101 BY ,ALL'M_A.I~ FAMILY LIMITED PARTNERSHIP 4
SECTION II. The Town Plan land use policy map is hereby amended as follows: the above
reference property designation shall change from low density residential to corridor commercial use to
reflect this rezoning approval.
SECTION Ill. The Leesburg Zoning District Map is further Rmended to change this 8.05 acres of
land (Loudoun County Tax Map #47, Parcel 23) from the H-2 Corridor Overlay District to the H-1
Historic Overlay District designation.
SECTION IV. This ordinance shall be effective upon its adoptiom
PASSED this 24th day of October .,1990.
A~YEST:
Rober~ E. Sevila, Mayor
Town of Leesburg
Clerk of Council
O:ZM-101