HomeMy Public PortalAbout1987_02_11_O006L ,~£
eesourg in CVirginia
PRESEN~D February 1i~ i)g7
ADOPTED ~ebruary I1~ ~n~
ORDINANCE NO. 87-0-6
AN ORDINANCE: AMENDING THE ZONING MAP FOR #ZM-76, A. C. ECHOLS, JR. AND J.
LYNN CORNWELL, JR., TRUSTEES
WHEREAS, Rezoning Application #ZM-76 by A. C. Echols, Jr. and J. Lynn
Cornwell, Jr, Trustees to rezone $.8 acres from R-3 to B-2 at the west end
of Gateway Drive was received by Council and referred to the Planning
Commission for recommendation on April 23, 1986; and
WHEREAS, the applicant amended the application to request 4 acres of
B-2 land and 4.8 acres of R-4; and
WHEREAS, the Planning Commission held a public hearing on this
application on June 5, 1986; and
WHEREAS, the Planning Commission on June 5, 1986, recommended to
Council approval of the rezoning contingent on rezoning the entire tract R-4
and additional conditions relating to road construction and submission of a
development plan for the project; and
WHEREAS, the Council held a public hearing on this application on
August 13, 1986, prior to which the applicant amended the application to
request 4.8 acres of R-4 land and 4 acres of B-1 zoning and submitted a
written, notarized proffer statement; and
WHEREAS, a revised concept plan proffered in conjunction with this
application was subsequently withdrawn; and
WHEREAS, a revised concept plan was submitted for the area proposed for
R-4 zoning north of Gateway Drive~ necessitating a new public hearing; and
AMENDING THE ZONING MAP FOR ZM-76 2
WHEREAS, the Council held a second public hearing on the revised
rezoning application on January 28, 1987, prior to which written, notarized
proffers were submitted by the applicant; and
WHEREAS, this Council finds this rezoning to be in the interest of the
public necessity, convenience, general welfare and good zoning practice;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is revised to amend the
Zoning District Map for 8.8 acres of land located south of the intersection
of Shenandoah Street, S.W. and Roanoke Drive and bounded by Virginia Knolls,
Section 2 on the northeast, the land of NVLand on the south, Hakim
Associates on the west and Leesburg Gateway and Leesburg Station on the
east, as shown on a plat prepared by Bengtson, DeBell, Elkin & Titus dated
August 21, 1986, to change from R-3 to R-4, 4.8 acres of land on the north
side of proposed Gateway Drive extended, and to change from R-3 to B-l, 4.0
acres of land on the south side of Gateway Drive extended, is approved
subject to the following proffered conditions submitted on February 11, 1987
in accordance with Section 15.1-491(a) of the Code of Virginia as amended:
1. The R-4 property will be developed in general conformance with the
Concept Plan developed by Bengtson, DeBell, Elkin & Titus, P.C., dated
October, 1986. A maximum of 126 dwelling units will be developed on
the property. Environmental controls, such as the stormwater
management pond, on-site drainage, and landscaping as shown on the said
Concept Plan, will be established to protect the adjacent residential
properties. To the extent practical, site grading will minimize the
differential topography between these units and town house units on
the adjacent parcels. In addition to the buffering and landscaping
required by Ordinance, a 6-foot high wood-on-wood fence will be
constructed between the apartments and adjacent residential properties.
AMENDING THE ZONING MAP FOR ZM-76 3
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The architectural exterior elevations of the residential units shall be
equal to the residential character established by the submitted
elevations and such developments as Fox Chapel. Exterior materials of
construction will be a mixture of siding on the rear and architectural
brick on the front and side elevations. Exterior elevations shall be
as approved by the General Board of Architectural Review with the
standard of review to be the submitted elevations and the Fox Chapel
Development. If no such Board is established at time of development,
elevations will be submitted for review to the Town Council.
The land owner shall execute a covenant running with the land that
shall create a scenic easement and easement of use for the benefit of
adjacent landowners over the parcel of land between the six foot fence
and the land of the adjacent townhouse owners.
No apartments shall be constructed on the portion of the land south of
Gateway Drive extended being rezoned to the B-1 district.
The owner will dedicate land for a 60-foot right-of-way for the
extension of proposed Gateway Drive through the property to its western
boundary where it adjoins the land of Hakim Associates. The land shall
be dedicated at time of subdoivision, and as shown on the afore-
mentioned rezoning plat. In addition, the owner will construct road
improvements within the said 60-foot right-of-way at time of
development and upon approval of appropriate site plans and subdivision
plats. Owner will construct a temporary cul-de-sac at the terminus of
the road at the western boundary of his property.
A pro rata share of the capital and installation costs of a traffic
signal at the intersection of Route 643 and the Route 15 Bypass will be
donated at the time that zoning permits for above-referenced property
are issued. Said pro rata share is to be based on the average number
of trip ends generated by the development on said property. Average
weekday vehicle trips ends will be determined by use of the Institute
of Transportation Engineers Trip Generation Book, latest edition.
Average weekday vehicle trips at the intersection for pro rata share
contribution will be determined by Town Staff, utilizing the latest
traffic study pertaining to that intersection.
A Homeowners' Association, with appropriate convenants, will be
established with participation by each residential unit; said
association is to assume financial and legal responsibiity for common
areas which shall include recreational, landscaping, parking, and other
physical improvements that will not be dedicated to the Town of
Leesburg. In addition, the Homeowners Association shall be responsible
for the maintenance of all exteriors of the buildings as well as the
interior common areas. The Association's charter and accompanying
documents shall be reviewed by the Town Attorney before recordation.
AMENDING THE ZONING MAP FOR ZM-76 4
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this llth day of February
, 1987.
Charles J. Williams, Vice Mayor
Town of Leesburg
ATTEST:
Cl~rk o f~ouncil