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1984_04_25_O014The Town of Leesburg in Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED April 25, 1984 AMENDED April 25~ 1984 84-0-14 ADOPTED April 25, 1984 AMENDING THE LEESBURG ZONING MAP IN RE #ZM-45 WHEREAS, Rezoning Application #ZM-45 by Leesburg Joint Venture, Inc. was referred to the Planning Commission on December 14, 1983; and WHEREAS, the Planning Commission on January 5, 1984 held a public hearing on the application for rezoning; and WHEREAS, on March 1, 1984 the Planning Commission adopted a resolution recommending to the Council approval ofethe rezoning request; and WHEREAS, the applicant's written proffer was presented to the Council prior to a public hearing held by the Council on April 11, 1984; and WHEREAS, it is determined that the public necessity, convenience, general welfare and good zoning practice require the amendment: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the zoning district map to change from R-1 to R-3 the 47.1548 acres of land shown on a July 1983 plat prepared by Frey, Sheehan, Stocker and Assoc., Inc. land planning consultants, together with a metes and bounds description of the 47.1548 acres, subject, however to the following conditions proffered by the applicant pursuant to Sections 15.1-491.1 through 15.1-491.6 of the 1950 Code of Virginia, as amended and Section 11-8-4 of the Leesburg Zoning Ordinance: 1. Inclusion of Parcel within Planned Residential Development At such time as the Town has in effect a Planned Development Ordinance the applicant will include within a larger application under such ordinance, as depicted on Exhibit #1 attached hereto and made a part hereof, the land comprising ZM-45; provided that the applicant may continue to rely on any zm45 -2- approvals such as subdivision, site plan and related approvals, granted to applicant, or otherwise materially relied upon by applicant prior to the approval of such larger application under a newly-adopted ~lanned develop- ment ordinance; provided further that the Town adopts its Planned Development Ordinance no later than July 1, 1984. 2. Limitations on Densit~ The applicant will not build more than 289 residential units on the land comprising ZM-45 and in any case will not build at a rate of density greater than $ units per acre of ground not in the 100-year flood plain of Cattail Branch as determined by the Town Engineer and the United States Federal Emergency Management Agency (FEMA). Further, the density accorded to the subject parcel by the building of up to 289 residential units shall not cause the overall density of residential development on the parcel or parcels depicted on the attached plat which is hereby designated Exhibit #1 and made a part hereof to exceed the total residential density otherwise allowed by the Town on such parcel or parcels under the Planned Development Ordinance referenced in Proffer 1, above. 3. Limitations on Building in Flood Plain The applicant will construct no principal or accessory structures upon the property which is the subject of ZM-45 that lies within the 100-year flood plain of Cattail Branch. Said 100-year flood plain shall be as determined by the Town Engineer and by the United States Federal Emergency Management Agency (FEMA). 4. Transportation Access Primary access to and from the subject parcel will be along Exeter Drive as shown on the two alternate plans attached hereto and made a part hereof as Exhibits #2 and #3, respectively. Said plans depict the respective configurations of Exeter Drive in the event, one, access is obtainable onto the Route 15 by-pass via the eastern terminus of Exeter Drive, or, two, such access is not obtainable and access onto the Route 15 by-pass is obtainable only via Balls Bluff Road. The applicant will con- struct said Exeter Drive in accordance with alternative one, above, if allowed, and in accordance with alternative two only if not allowed to build alternative one. The construction of said Exeter Drive in either case shall be to standards approved by the Town and shall be substantially com- pleted prior to the obtaining of any occupany permits for the residential units built upon the land which is the subject of ZM-45. 5. Transportation Dedication The applicant will dedicate up to 5.8 acres of land as shown on the plan attached hereto and made a part hereof as Exhibit #4, for the purpose of the construction thereon of a portion of a grade-separated "cloverleaf" interchange at the eastern terminus of Exeter Drive and the Route 15 by~pass, or up to 2.2 acres of land as shown on the plan attached hereto and made a part here of as Exhibit #5 for the purpose of the construction there- on of a portion of a grade-separated "diamond" interchange at said location depending on whether a "cloverleaf" or a "diamond" interchange is required at that location by the Town. However, such dedication will revert to the applicant in the event there is a decision by the Virginia Department of Highways and Transportation and the Town not to require access from the zm45a -3- Exeter Project to the Route 15 by-pass via a grade-separated interchange located at the eastern terminus of Exeter Drive. And provided further that no land shall revert to the applicant upon which public roadway has been constructed or upon which right-of-way directly related to such construction has been required for public use. 6. Open Space/Recreational Facilities/Buffering The applicant will provide open space, recreational facilities and buffering for the land which is the subject of ZM-45 such that the total of open space, recreational facilities and buffering provided for the parcel or parcels depicted on Exhibit #1 hereof, including thereby the land which is the subject of ZM-45, will meet the requirements for open space, recreational facilities and buffering set forth in the Proposed Amendment of the Leesburg Zoning Ordinance to provide planned development regulations, and provided that the applicant may continue to rely on any approvals, such as subdivision, site plan and related approvals, granted to applicant, or otherwise materially relied upon by applicant pursuant to the approval by the Town of ZM-45. Section II. This ordinance shall be in effect upon its passage. PASSED this 25th day of April , 1984. Robert E. Sevi/ia, Mayor Town of Leesburg ATTE ST: Clerk. of C~ncil zm-45 b