HomeMy Public PortalAbout1992_03_24_O008 ZM 133 Harrison Street Elderly HousingThe Town of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED March 24~ 1992
92-0-08
ADOPTED March 24:1992
APPROVING REZONING APPLICATION
ELDERLY HOUSING BY HARRISON II
AMENDING THE ZONING DISTRICT MAP
#ZM-133 HARRISON STREET
LIMITED PARTNERSHIP AND
WHEREAS, on January 14, 1992 the Town Council received and referred 'to the Planning
Commission an application for rezoning proffer amendments to allow development of 6'7 units of multi-
family housing for the elderly by special exception in the B-1 zoning district at 316 Harrison Street, S.E.;
and
WHEREAS, the incorporated proffers amend the previously approved proffers associated with
adopted rezoning application #ZM-78; and
WHEREAS, a joint public hearing was held on February 25, 1992 to consider the proposed proffer
amendments; and
WHEREAS, following the public hearing the Planning Commission on March 5, 1992 recommended
conditional approval of this application; and
WHEREAS, this rezoning proffer amendment request promotes Town Plan goals and objectives
regarding land use in the downtown area and provision of housing for the elderly; and
WHEREAS, this request is in the interest of public health, safety, convenience and welfare:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-133 Harrison Street Elderly Housing by Harrison II
Limited Partnership is hereby approved and the Leesburg Zoning District Map is amended to adopt
amended proffers for that property identified in the land records of Loudoun County, Virginia, as Tax Map
48A, Block 38, Parcels 2A, 3, 4 and 6, subject to the following conditions proffered in writing by the
property owner on March 21, 1992, in accordance with the provisions of Section 15.1-491(a) of the 1950
Code of Virginia, as amended:
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APPROVING REZONING APPLICATION #ZM-133 HARRISON STREET ELDERLY HOUSING BY
HARRISON II LIMITED PARTNERSHIP AND AMENDING THE ZONING DISTRICT MAP
Development of the Property will be substantially in accordance with the Concept Plan
("Preliminary Site Plan") prepared by Environmental Design Group and submitted to the Town,
December 20, 1991, except as provided in Paragraph 3, below, with reference to screening, with
such modifications as are reasonably necessary to accommodate final engineering.
The Property will be developed and used only as a residential home for the elderly. Occupancy and
use of each of the proposed 67 residential dwelling units will be in accordance with and subject to
the provisions of Title 63.1, Chapter 9, Code of Virginia, 1950, as amended and w~th the Town of
Leesburg Zoning Ordinance provisions regarding housing for the elderly. In the event that more
than one person occupies a unit~ at least one of the occupants must qualify to reside in housing for
the elderly. No more than two units occupied by maintenance or security personnel, or staff in
conjunction with the elderly housing shall be exempt from this requirement.
In the development plan for the elderly housing, the Applicant will provide screening on site
adjacent to the property to the east currently used as an auto salvage yard, and adjacent to the
property to the north currently used as the Pullen Garage, at a minimum as per the
Preliminary/Final Development Plan for 306 Harrison Street approved by the Leesburg Planning
Commission, March 30, 1989. The Applicant shall also meet any additional screening requirements
of the Planning Commission that are reasonably necessary to assure visual separation from
incompatible adjoining land uses.
The office and commercial uses shall be allowed on the Property only to the extent reasonably
necessary to provide the following services to the occupants of the Property: visiting physician,
personal care service, sale of sundries, and any similar service the purpose of which is to serve the
personal convenience of the occupants of the Property. Said office and commercial uses shall not
be made available to the general public.
The Development: Plan for the Property shall include the design of curb cuts, street striping and
signage necessary for a safe and convenient crosswalk on Harrison Street at a location in the
vicinity of the Property to be determined by the Town. The Applicant shall construct said
crosswalk at his own expense in conjunction with development of the Property and in accordance
with Town standards.
Prior to the issuance of temporary or final occupancy permits for development on the Property, the
Applicant or the Applicant's successors and assigns shall contribute to the Town the sum of two
hundred dollars ($200.00) per individual residential dwelling unit to be divided as follows: one-half
to fire/rescue services serving Leesburg and one-half to parks and recreation for the Town of
Leesburg. Said monetary contributions shall be subject to upward adjustment from the date of final
rezoning approval at a rate equal to any fluctuations in the Consumer Price Index (CPI) from the
date of final rezoning approval.
SECTION II. The proposed elderly housing development shall be in general conformance with the
separately approved special exception application #SE-91-05. Final plans and construction drawings
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APPROVING REZONING APPLICATION #ZM-133 HARRISON STREET ELDERLY HOUSING BY
HARRISON II LIMITED PARTNERSHIP AND AMENDING THE ZONING DISTRICT MAP
associated with development of the site are subject to the terms and conditions of the applicable Zoning
Ordinance, Subdivision and Land Development Regulations, and Design and Construction Standards Manual
of the Town of Leesburg. Rezoning concept plan approval does not express or imply any waiver or
modification of regulatory standards except as specifically set forth in this ordinance and the ordinance
approving special exception application #SE-91-05.
PASSED this 24th
ATTEST:
Clerk of Council
day of March . 1992.
Robert E. ~e~'l~a~;or
Town of Leesburg