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HomeMy Public PortalAbout1994_06_28_O022The Town of Leesburg, Virg' ' lnla ORDINANCE NO. 94-0-22 AN ORDINANCE: PRESENTED JUNE 28, 1994 ADOPTED JUNE 28, 1994 APPROVING REZONING APPLICATION #ZM-137 BY PENCE- FRIEDEL DEVELOPERS, INC. AND AMENDING THE ZONING DISTRICT MAP WHEREAS, on October 26, 1993, the Town Council received and referred the application of Robert Frank Pence, c/o Pence-Friedel Developers, Inc. for rezoning and revision of the Zoning District Map and setting a joint public hearing with the Planning Commission; and WHEREAS, the final application consists of two (2) one-half acre lots located on the south side of Edwards Ferry Road, near the southwest quadrant of the intersection of Edwards Ferry Road and the Route 15 Bypass, and requests rezoning from R-22 to B-3; and WHEREAS, on November 9, 1993, the originally scheduled joint public hearing was cancelled; and WHEREAS, on December 16, 1993, the Planning Commission held a public hearing to con- sider this application; and WHE~, on March 3, 1994, the Planning Commi,~sion recommended denial of this rezoning application; and WHE~, on April 12, 1994, the Council held a public hearing;, and WHE~, this rezoning request is in the interest of public necessity, convenience and general welfare: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application ~ZM-137 by Pence-Friedel Developers, Inc. is approved. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change two (2) one- APPROVING #ZM-137 BY PENCE-FRIEDEL half acre parcels of land from R-22 to B-3. The property is identified as Loudoun County Tax Map 49A-1 and 49 A-2 and is located on the south side of Edwards Ferry Road, N.E., near the southwest quadrant of the intersection of Edwards Ferry Road and the Route 15 Bypass. This approval is sub- ject to the following conditions proffered in writing by the applicant in accordance with Section 15.1- 491(a) of the 1950 Code of Virginia, as amended. Perimeter Parkin~ Lot Landscaning. The ten foot (10') wide perimeter parking lot landscaping area required by Section 9A-9(3)(a) is hereby modified to include a pedestrian sidewalk as depicted on the drawing attached hereto as E~hibit B and incorporated herein by reference. Any landscaping required by the zoning ordinance that cannot be accommodated in this area shall be provided in the other required buffer areas. Further- more, the buffer yard along the south and west boundaries of Parcel 49((1)) Parcel 2 and the south boundary of Parcel 49A((1)) as required in Section 9A-16 is hereby modified to 10 feet as represented in Exhibit C shown as Retail A. Proffers Run with the Land. Each reference to "Applicant" in ithis proffer shall include within its meaning, the Applicant, the owner and its successors and assigns and the proffers shall be binding on and shall run with the land. SECTION II. This Ordinance shall be in effect upon its passage. PASSED this 28th day of June, 1994. ATTEST: Clerk of Council · Clem, Mayor Town of Leesburg O:zm-137.fin