The URL can be used to link to this page

Home My Public Portal About1986_04_09_O019 The Town ofLeesburgin Virginia PRESENTED April 9~ ~986 ORDINANCE NO. 86-0-19 ADOPTED April 9, 1986 AN ORDINANCE: APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND AMENDING THE LEESBURG ZONING MAP FOR THE POTOMAC CROSSING PLANNED RESIDENTIAL COMMUNITY WHEREAS, the Preliminary Development Plan for the Potomac Crossing Planned Residential Community and Rezoning Application #ZM-66 by the Beus Corporation, N.V. was referred by the staff to the Planning Commission on September 19, 1985; and WHREAS, the Preliminary Development Plan and rezoning application for this development were revised on November 27, 1985; and WHEREAS, the Planning Commission held a public hearing on this revised application on December 5, 1985; and WHEREAS, the Planning Commission on January 16, 1986 recommended approval of this application on the condition that the applicant agree to pay an equitable pro rata share of future transportation improvements; and WHEREAS, the applicant submitted written proffers on February 20, 1986, setting forth certain conditions which would become a part of the rezoning request, including payment of a pro rata share of future trans- portation improvements; and WHEREAS, this Council held a public hearing on February 26, 1986 regarding the proposed rezoning with proffers; and WHEREAS, the applicant amended the preliminary development plan on April 4, 1986 and the rezoning application and proffered conditions on April 3, 1986 to provide more restrictive conditions than originally proposed; and WHEREAS, this application was referred to Loudoun County, and the Council carefully considered County comments regarding the proposed rezoning 2 in accordance with Paragraph 16 of the November 1982 Annexation Agreement between the Town and County; and WHEREAS, this rezoning will result in the preservation of significant historic and open space resources, the construction of substantial public improvements, the donation of a public school site, and the provision of additional single-family housing opportunities for town residents and is, therefore, in the interest of the 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. The Preliminary Development Plan for the Potomac Crossing Planned Residential Community dated November 25, 1985, as revised April 4, 1986, is hereby approved and the Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from County R-1 to Planned Residential Community (PRC), 475.19 acres of land, located on the east side of the Route 15 By-pass, bounded by Balls Bluff Road and the lands of O'Connor, Callaghan, Hoopaw and Culbertson on the north; the lands of Cart and Shrump on the south; Route 15 By-pass on the west; and the Potomac River on the east, in accordance with the boundary plat submitted as part of the application; subject, however, to the following conditions proffered by the applicant on April 3, 1986 in accordance with the provisions of Section 15.1-491.2 of the Code of Virginia, as amended: 1. Applicant shall dedicate and construct the on site public streets as shown on the "Approved Preliminary Development Plan" in accordance with Virginia Department of Highways and Transportation and Town of Leesburg ("Town") Standards. Dedication of the rights-of-way shall be from 50 feet to 100 feet, as shown on the "Approved Preliminary Development Plan" Petition dated 27 November 1985 Revision. Dedica- tion and construction will occur in phases as the project is develop- ed, although the designation of phase numbers on the "Approved e 3 Preliminary Development Plan" does not necessarily dictate the sequence of ultimate development of the property. Within one hundred fifty (150) days following the final approval of the above-described rezoning by the Town Council of the Town of Leesburg, Applicant will dedicate, by fee simple deed and clear of liens, to the Northern Virginia Regional Park Authority, a portion of the Applicant's property composed of approximately 173 acres, and as generally defined on the "Approved Preliminary Development Plan." Further, Applicant agrees that by 30 June, 1991, North Ball's Bluff Road will be constructed so as to provide a connection to the "Old Ball's Bluff Road." In the event that the Northern Virginia Regional Park Authority should refuse to accept the park, then it would be dedicated to another public or semi-public agency mutually agreeable to the Town and Applicant. Prior to the dedication set forth in Paragraph 2 above, Applicant will clear, rough grade and seed approximately 20 acres of the property being dedicated to the Northern Virginia Regional Park Authority as indicated on the "open space" sheet of the "Approved Preliminary Development Plan," to allow for the placement of a multi-purpose field. In addition, Applicant will fine grade with positive drainage and will seed an area of approximately five (5) acres, within the twenty (20) acres, for use as athletic fields and in accordance with plans approved by the Town Land Development Official, and will pay unto the Town, at the time of dedication of the 173 acres, the sum of FIVE THOUSAND DOLLARS ($5,000.00), to be utilized for recreational improvements to such fields. Applicant shall donate to the Loudoun County School Board, pursuant to Section (4) of the Annexation Area Development Policies, one (1) school site of a size of approximately fifteen (15) acres, and at the location as set forth on the "Approved Preliminary Development Plan." Further, the Applicant will enter into an agreement with the Loudoun County School Board concerning site preparation as outlined in the attached December 5, 1985, letter from the School Board to Bruce Drenning, and will, in conjunction with development of the project, run water and sewer lines to the property line of the 15-acre parcel. Applicant reserves the right to effect such donation to the Town at an earlier time, at its option. Applicant will provide a pedestrian underpass under Ball's Bluff Parkway in the area of the above school site at a location to be agreed upon between Applicant and the Town. Construction of such underpass to occur at the time of development of adjacent land parcels or construction of the school site, whichever shall first occur. Applicant will provide the "Village Center and Club" as indicated on Sheet 9 of the "Approved Preliminary Development Plan," the construc- tion of such "complex" to be accomplished in stages commensurate with the overall construction of the project. However, the "complex" will be constructed not later than the completion of FIFTY PERCENT (50%) of the authorized housing units. The Applicant hereby makes the following proffers with regard to off-site road improvements in connection with the development of the project: (a) Applicant will dedicate, upon request of the Town, approximately eleven (11) acres, as delineated on the "Approved Preliminary Development Plan, "for use by the Virginia Department of Highways and Transportation, or the Town, for public road purposes at the intersection of Route 15 By-Pass and Ball's Bluff Parkway, this acreage to be dedicated for utilization by Virginia Department of Highways and Transportation, or the Town, for a grade-separated interchange, or other appropriate highway improvements. Prior to dedication and pending any construction thereon, Applicant shall have, by easement and with the consent of the Town, which consent shall not be unreasonably withheld, the right to utilize the property for construction of roadways, landscaping, entrance features, and related uses. Applicant shall receive no compensation for the destruction or displacement of any improvements placed on the parcel, but shall be entitled to receive reasonable notice of pending construction and shall have the right to remove any improvements, within a reasonable time, previously placed thereon by Applicant. (b) The Applicant agrees to construct acceleration, deceleration and turn lanes as warranted to serve his development at the juncture of Ball's Bluff Parkway and the Route 15 By-pass, in accordance with the requirements reasonably imposed by the Virginia Department of Highways and Transportation and the Town. The Applicant agrees to contribute the sum of ONE HUNDRED FORTY-TWO THOUSAND THREE HUNDRED FIFTY DOLLARS (S142,350) under the terms and conditions stated hereinafter as a pro rata share toward the construction of improvements to the Route 15 By-pass and to the grade-separated interchange planned in the future at the intersection of Ball's Bluff Parkway and the Route 15 By-pass. The Applicant's donation of this sum of money shall be in the form of cash donations equalling ONE HUNDRED FORTY-SIX DOLLARS ($146.00) per residential unit developed on the subject property and shall be paid into an escrow fund established by the Town of Leesburg and/or the Virginia Department of Highways and Transportation, as appropriate, for the specific purpose of financing construction of all or a portion of improvements to the Route 15 By-pass across the western boundary of the subject property and/or construction of a portion of a grade-separated interchange at the junction of Ball's Bluff Parkway and the Route 15 By-pass. The Applicant, or successor in interest to the Applicant, as the case may be, shall make said payment to the Town of Leesburg of ONE HUNDRED FORTY-SIX DOLLARS ($146.00) at the time Applicant, or said successor in interest, obtains zoning permits for each lot on which is to be located a resi- dential unit. Said escrowed funds and the interest accruing thereon shall, in accordance with these proffers, be used only for the aforesaid off-site road improvements, and if used other than in connection with said improvements, shall be returned to the donor. SECTION II. This ordinance shall be in effect upon its passage. PASSED this 9th day of ATTEST: /~ ,'"~ , / Clerk of ,~uncil April , 1986. Town of Leesburg 5