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HomeMy Public PortalAbout1997_01_28_O002 ZM 152 Cornerstone ChapelThe Town of Leesburg, .rgl. ma ORDINANCE NO. AN ORDINANCE: PRESENTED January 28, 97-0-2 ADOPTED January 28, APPROVING REZONING APPLICATION #ZM-152 BY CORNERSTONE CHAPEL TO AMEND THE PROFFERS ORIGINALLY APPROVED AS PART OF REZONING APPLICATION #ZM-58 BY RICHLYNN DEVELOPMENT, INC. 1997 1997 WHEREAS, on January 14, 1997, the Town Council received and referred to the Planning Commission an application for an amendment to proffers approved as part of rezoning application #58 by Richlynn Development, Inc.; and WHEREAS, on January 28, 1997, the Town Council and Planning Commission held a joint public hearing to consider this application; and WHEREAS, on January 28, 1997, the Planning Commission recommended to Council approval of rezoning application #ZM-152 by Cornerstone Chapel; and WHEREAS, this request is in the interest of public necessity, convenience, general welfare and good zoning practice. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-152 by Cornerstone Chapel, is hereby approved, and proffer #9 as referenced in #ZM-58 by Richlynn Development, Inc. is hereby amended as follows: Pursuant to Section 15.1-491 et seq. of the Code of Virginia of 1950, as amended, and Section 13A- 12 of the Zoning Ordinance of the Town of Leesburg (the "Town"), Cornerstone Chapel, the applicant, and the property owners Gary L. Patrick and Betty A. Patrick, together with their successors and assigns (hereinafter collectively referred to as the "Applicant"), who are the applicants herein and the owners of approximately 3.47721 acres of land described as Tax Map 60((6))/C in the Loudoun County tax records (the "Property") and who are seeking approval of an amendment to proffer #9 as set forth in #ZM-58 by Richlynn Development, Inc. hereby submits the following voluntary proffers which supersede all prior proffers and which are contingent upon Town approval of all the above described actions. Except to the extent the proffers -2- APPROVING REZONING APPLICATION #ZM-152 BY CORNERSTONE CHAPEL TO AMEND THE PROFFERS ORIGINALLY APPROVED AS PART OF REZONING APPLICATION #ZM-58 BY RICHLYNN DEVELOPMENT, INC. are modified herein, the pre-existing Proffers dated December 9, 1985, and accepted pursuant to Town Ordinance No. 85-0-30 adopted December 11, 1985, shall remain in full force and effect. Proffer #9 of the Proffers for the Richlyrm Development, Inc., Rezoning Application #ZM-58 (As such proffers may have been previously amended) shall be amended to permit a "Place of Worship" as an auxiliary use of Parcel C, which is a portion of the original Parcel A. The amended proffer shall read as follows: The principal uses proposed for Parcels A and B-1 shall be limited to the following percentages: Warehousing 30 % Office 30% Research & Dev. Manufacturing 30 % Auxiliary 10% On Tax Map 60((6)), Parcel C only, containing 3.477 acres, which is a subdivided portion of Parcel A as shown on the attached Concept Plan, the term "auxiliary" shall include a "Place of Worship." This proffer does not restrict property owner's right to modify these percentages through the proffer amendment process in response to future marketing considerations. II. All other proffers not modified herein shall remain in full force and effect. SECTION II. Approval does not express or imply any waiver or modification to any other requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations or Zoning Ordinance except as specifically cited herein. SECTION III. This ordinance shall be effective upon its passage. PASSED this 28thday oflanuar,2t997. ATTEST: Clerk of Council em, Mayor Leesburg