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HomeMy Public PortalAbout1995_10_24_O028The Town of Leesburg, rgtma ORDINANCE NO. AN ORDINANCE: PRESENTED October 24, 1995 95-0-28 ADOPTED October 24, 1995 APPROVING REZONING APPLICATION #ZM- 146 FRIENDLY CAFE BY GOLLY JAFARI WHEREAS, on June 28, 1995, the Town received rezoning application #ZM-146 Friendly Cafe, by Golly Jafari, to rezone a .57 acre parcel of land located at 119 Fort Evans Road from O-1 to B-2 with proffers; and WHEREAS, on September 7, 1995, the Planning Commission held a public hearing to consider this application; and WHEREAS, on September 21, 1995, the Planning Commission recommended approval of this rezoning application; and WHEREAS, on October 24, 1995, the Town Council held a public hearing to consider this application; and WHEREAS, this rezoning application 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 Virginia as follows: SECTION I. Rezoning application #ZM-146 Friendly Cafe, by Golly Jafari, is hereby approved and the Town of Leesburg Zoning District Map is amended to change from O-1 to B-2 with proffers, an approximately .57 acre parcel of land located at 119 Fort Evans Road. The property is further identified as Loudoun County Tax Map 48H((1)), Parcel 1 as shown on the Rezoning Concept Plan prepared by Rodgers Bros. & Associates Inc. Engineering & Surveying received June 28, 1995. Pursuant to Section 15.1 - 491 (a) of the Code of Virginia, as amended, and Section 13A - 12 of the Leesburg Zoning Ordinance, the property owners and applicant, for themselves and their successors or assigns of the property referred to as Map 48H((1)), Parcel 1; Golly and Iraj Jafari and -2- AN ORDINANCE APPROVING REZONING #ZM-146 FRIENDLY CAFE the subject of the Zoning Map amendment ZM-146 voluntarily proffer to the Town Council of the Town of Leesburg in Virginia, the following conditions which supersede all prior proffers and are contingent upon rezoning to the B-2 District. 1. The applicant shall dedicate 10 feet of right-of-way free and clear of any and all liens, in a form approved by the Town Attorney, to the Town of Leesburg within five (5) days upon request of the Town. 2. The applicant shall provide landscaping within 10 feet of the landscaped open space buffer consistent with the Zoning Ordinance prior to occupancy. 3. The applicant shall conform to permitted uses of the district of which this land is a part. SECTION II. Rezoning approval does not express or imply any waiver or modification of the requirements set forth in the Design and Construction Standards Manual, the Subdivision and Land Development Regulations, or the Zoning Ordinance except as specifically authorized herein. SECTION III. This ordinance shall be effective upon its passage. PASSED this24ctday of October , 1995. ooweS E. Clem, Mayor n of Leesburg ATTEST: Clerk of Council O:ffiendly