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HomeMy Public PortalAbout2004_05_25_O005The Town of Leesburg, Virginia PRESENTED I~4z25_,2fl~ ORDINANCE NO. ~ ADOPTED Mat.y_25~2fl~ AN ORDINANCE: APPROVING ZOAM-2004-0001 AND TLZM-2004-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND ZONING DISTRICT MAP TO EXPAND THE H-I, OLD AND HISTORIC OVERLAY DISTRICT WHEREAS, it is the intent and desire of Council to protect and enhance the designated H- 1, Old and Historic Overlay District by identifying significant areas outside this district that deserve protection in accordance with the goals of the 1997 Town Plan; and WHEREAS, Zoning Ordinance Section 7.5.10 states t hat a property m ay b e eligible for inclusion in the H-l, Old and Historic Overlay District if it has significant character, interest or value as part of the town's development or heritage; and WHEREAS, staff has identified Carlheim, also known as Paxton Home for Children, as a historic property listed on the Virginia Landmark Register and the National Register for Historic Places that may warrant inclusion in the H-l, Old and Historic Overlay District based upon the criteria set forth in Section 7.5.10 of the Zoning Ordinance; and WHEREAS, on April 19, 2004 in accordance with Zoning Ordinance Section 7.5.10.B, the Board of Architectural Review recommended to the Town Council that a Zoning Ordinance Amendment and Zoning Map Amendment be initiated to include the Carlheim Estate in the H-l, Old and Historic Overlay District; and WHEREAS, on May 25, 2004 the Planning Commission and the Town Council held a duly advertised .joint public hearing on these matters; and WHEREAS, on May 25, 2004 the Planning Commission recommended approval of ZOAM ORDINANCE: -2- AMENDMENTS TO THE TOWN OF LEESBURG ZONING ORDINANCE AND THE ZONING DISTRICT MAP TO EXPAND THE H-1 DISTRICT 0004-0001 and TLZM 2004-0004 Paxton Property (Carlheim); and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the proposed amendments. I'HEREFORE, ORDAINED by the Council of the Town Leesburg in Virgima as follows: SECTION I. Section 7.5.3 entitled Hi~qtnrie District Created~ F,~qtabli,qhed of the Leesburg Zoning Ordinance is hereby amended to read as follows: A historic conservation district is hereby created within the town as an overlay on the Official Zoning Map under authority of Section 15.2-2306 of the Code of Virginia, 1950 as amended, to be known as the H-1, Old and Historic Overlay District which includes the original boundaries shown on a map designated "Gray's New Map of Leesburg" drawn from the special surveys in the year 1878 as hereby amended and described as follows: Beginning on the east at the intersection of Loudoun and Market Streets and running northeast parallel to Church Street to the intersection of a line in projection of North Street; thence northwest in a straight line to and along Noah Street to the intersection of Church Street; thence northeast in a straight line parallel to King Street to the intersection of a line in projection of Union Street; thence in a straight line northwest to and along Union Street to the intersection of a line in extension of Liberty Street; thence southwest in a straight line to the intersection of Liberty and North Streets; thence northwest in a straight line in extension of Noah Street until intersecting a line in projection of Ayr Street; thence southwest to and along Ayr Street to a point on the east right-of-way of Dry Mill Road; thence right along the curb of said right-of-way having a radius of 225.43 feet to the center of the Town Branch; thence along the Town Branch S 41° 10' 41" E to the projection of Ayr Street, thence southwest along the projection of Ayr Street 100 feet; thence in a straight line in extension of South Street southeast to Town Branch; thence S 36° 10' 42" E along Town Branch to the Washington and Old Dominion Trail; thence paralleling the trail and Town Branch 594.12 feet along a curve to the right having a radius of 3646.36 feet to the extension of the western right-of-way of Liberty Street; thence N 22° 45' 00" E to the intersection of a projection of South Street; thence in a straight line in extension of South Street southeast to a point 200 feet west of King Street, still on an extension of South Street; thence in a straight line southwest parallel to King Street to a point 500 feet south of the railroad; thence east across King Street in a straight line parallel to South Street for 1700 feet; thence northeast in a ORDINANCE: --3-' AMENDMENTS TO THE TOWN OF LEESBURG ZONING ORDINANCE AND THE ZONING DISTRICT MAP TO EXPAND THE H-1 DISTRICT straight line parallel to King Street to the intersection of Loudoun and Market Streets, to also include properties at 406 through 418 S. King Street and 420, 422, 423,424 and 426 through 432 S°uth King Street; 216 and 226 Edwards Ferry Road; 305 through 430 West Market Street; 6 Wilson Avenue, N.W., 10, 14, 18 and 102 Morven Park Road, N.W. and 9 and 21 Ayr Street, N.W. and 302-334 Loudoun Street, S.W. (inclusive of even numbered addresses only), 106 Morven Park Road, N.W.. 380 Rock Spring Drive, S.W., &id 329 Loudoun Street, S.W../aid the 8.05-acre Allman tract on South icing Street,/aid Dodona Manor at 217 Edwards Ferry Road, N.E.; and the 16_24-acre Paxton Property, (Carlheim) at 42(} Wildman ~qtreet. N_E_ SECTION II. The Official Zoning Map is hereby amended to include the property at 420 Wildman Street, N.E. in the H-I, Old and Historic Overlay District as described in Section I above. SECTION 1II. All prior ordinances in conflict herewith are hereby repealed. SECTION W. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION V. This ordinance shall be in effect upon its passage. PASSED this ~ day of May 2004. ATTEST: Town of Leesburg H-I ExpansionCarlheim