HomeMy Public PortalAbout1987_06_24_O020LeesBurg in ~rirgini~
ORDINANCE NO.
AN ORDINANCE:
87-0-20
PRESENTED June 24, 1987
ADOPTED June 24, 1987
APPROVING THE CONCEPT PLAN AND PRELIMINARY DEVELOPMENT PLAN,
AMENDING THE TOWN PLAN AND ZONING MAP AND APPROVING A SPECIAL
USE PERMIT FOR #ZM-86 BY SIGNATURE COMMUNITIES, INC. FOR THE
TAVISTOCK FARMS PLANNED RESIDENTIAL NEIGHBORHOOD
WHEREAS, an application for approval of a Concept Plan/Town Plan
Amendment and a Preliminary Development Plan/Rezoning for the Tavistock Farms
Planned Residential Neighborhood (Rezoning Application #ZM-86) by Tavistock
Farm Partnership/Signature Communities, Inc. was referred by the staff to the
Planning Commission on February 26, 1987; and
WHEREAS, the Planning Commission on March 19, 1987, held a public
hearing on this application; and
WHEREAS, on April 16, 1987, the Planning Commission recommended approval
of this application, including a special use permit for a child care center,
conditioned upon contributions for fire and rescue, road improvements and
improvements at Ida Lee Park, and a reduction in the number of pipestem
lots; and
WHEREAS, the applicant/property owner submitted written proffers on June
10, 1987, setting forth certain conditions which would become a part of this
rezoning, including payment of pro rata contributions for road improvements,
local fire and rescue facilities, and improvements to the Ida Lee Park; and
WHEREAS, the Council held a public hearing on June 10, 1987, regarding
the proposed concept plan/town plan amendment, special use permit, and
rezoning with proffers; and
WHEREAS, the applicant submitted revised proffers on June 22, 1987,
which do not increase the intensity of the proposed use and result in
greater public facility contributions to the town; and
ORDINANCE APPROVING TAVISTOCK FARMS 2
WHEREAS, this application was referred to Loudoun County in March, 1987,
in accordance with the November 1982 Annexation Agreement between the Town and
County; and
WHEREAS, this rezoning is in conformance with the Town Plan and will
result in a high quality planned neighborhood with superior architectural
design and materials, open space and recreational facilities and is, there-
fore, 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 Concept Plan/Town Plan Amendment and Rezoning Applica-
tion #ZM-86/Preliminary Development Plan for the Tavistock Farms Planned
Residential Neighborhood dated February 3, 1987, as revised on June 22, 1987,
is hereby approved and the Leesburg Zoning Ordinance is amended to revise the
Zoning District Map to change from County A-3 and R-1 to Planned Residential
Neighborhood (PRN), 212.38 acres of land, located east of Sycolin Road (Route
643) and south of Lawson Road (Route 654) and bounded on the south by the
Leesburg Corporate Limits, on the east by Leegate Corporation, and the west by
Shreve, in accordance with the boundary plat prepared by Bengtson, DeBell,
Elkin and Titus, submitted as part of the application; subject, however, to
the following conditions proffered in writing by the applicant/property owner
in accordance with the provisions of Section 15.1-491(a) of the 1950 Code of
Virginia, as amended:
1. Applicant shall dedicate in fee simple (free and clear of liens) and
construct the on-site public streets generally as shown on the submitted
Preliminary Development Plan dated the 3rd day of February 1987, and
last revised on the 22nd day of June, 1987, in accordance with the
Virginia Department of Transportation and Town of Leesburg Standards.
ORDINANCE APPROVING TAVISTOCK FARMS 3
Dedication of the right-of-way shall be as shown on the Preliminary
Development Plan dated the 3rd day of February 1987, and last revised
the 22nd day of June 1987, and will occur at time of record plat
subdivision approval of the subject property. Construction of such
streets shall occur in phases as the project is developed.
Development of the property shall be in general conformity with the
Preliminary Development Plan/Rezoning Application dated the 3rd day of
February 1987, and last revised on the 22nd day of June 1987, attached
hereto, which shall control the general layout and general configuration
of the property, as well as the general architectural design and
materials for the project, with reasonable allowance to be made for
engineering and design alteration at time of actual subdivision and/or
site plan approvals.
The applicant, or its successor in interest, agrees to contribute up to
the aggregate sum of Five Hundred Two Thousand Four Hundred Dollars
($502,400.00) (based on the projected number of residential units of
628), under the terms and conditions stated hereinafter as its pro rata
share toward the construction of off-site transportation improvements
directly benefiting the subject property. The applicant's donation
shall be in the form of cash contributions equalling Eight Hundred
Dollars ($800.00) per residential unit actually developed on the
subject property, which funds shall be paid into an escrow account
established by the Town of Leesburg for the specific purpose of financ-
ing construction of such transportation improvements. The applicant,
or successor in interest to the applicant, as the case may be, shall
make said payments to the Town of Leesburg on a residential unit by
unit basis at the time of the receipt of zoning permits for construction
of individual residential units on the property.
Applicant agrees that at time of obtaining zoning permits for individual
residential units to be placed on the property, applicant, or its
successors in interest, will pay unto the Town of Leesburg the total
sum of Thirty-five Dollars ($35.00) per residential unit as a donation
to the volunteer fire and rescue facilities providing service to the
subject property, which monies will be provided by the Town to the
appropriate volunteer fire and rescue facilities.
o
Applicant, or its successors in interest, agree that at the time of
obtaining zoning permits for individual residential units on the
property, it will make a cash donation to the Town in the amount of One
Hundred Dollars ($100.00) for each residential unit on which a zoning
permit is drawn, such payments to be placed by the Town in a fund for
the improvement of the Ida Lee Community Park.
Applicant, or its successors in interest, agrees that it will make
certain transportation improvements to Route 654, (which is designated
as a "minor arterial") the general nature and extent of those improve-
ments are more fully set forth on the Preliminary Development Plan
dated the 3rd day of February, 1987, and last revised on the 22nd day
of June 1987. These improvements will be made at applicant's sole cost
ORDINANCE APPROVING TAVISTOCK FARMS 4
and expense, with the cooperation of the Town and the Virginia Depart-
ment of Transportation, and will meet the standards of the Town and
Virginia Department of Transportation for an urban minor arterial with
curb and gutter design.
Applicant agrees that it will donate, without charge, an area of land
composed of 15.8 acres, more or less, to the Town of Leesburg for use
as an elementary school site, the location of which being more parti-
cularly designated on the attached preliminary development plan dated
the 3rd day of February 1987, and last revised on the 22nd day of June
1987. Applicant recognizes that the school site is needed as soon as
possible, and agrees that such donation shall be tendered within thirty
(30) days following the final approval of the record plat and Final
Construction Drawings to construct (1) Route 654 improvements, as
described in Paragraph 6 above, and (2) a portion of the Collector
Road (Tavistock Drive) from Route 654 along the easterly frontage of
the school site so as to provide vehicular access to the school site.
Construction drawings for Tavistock Drive and the portion of Route 654
described above shall be submitted to the Town within thirty (30) days
following Final Development Plan approval by the Town for the planned
development. Construction of the two road sections described above
shall occur within six (6) months of the date of the final approval of
the Final Construction Drawings for said road improvements. In addi-
tion, applicant agrees that by the time of donation of the school
site, applicant will have made provision for the extension of public
water, public sewer, and electric service to the school boundary, at
applicant's expense.
Applicant agrees that it shall provide signage indicating no parking on
the primary collector road designated on the attached Preliminary
Development plan as "Tavistock Drive."
Applicant agrees that prior to the approval of the Site Plan for the
child care facility, applicant will submit architectural elevations for
the child care facility to the Town Land Development Official for
review and approval. The location of such child care facility is
designated on the attached Preliminary Development Plan.
SECTION II. A special use permit is approved for a child care facility
to be located on approximately two (2) acres within the Tavistock Farms
Planned Residential Neighborhood as shown on the Preliminary Development Plan
for this project dated February 3, 1987, as revised June 22, 1987, and in
accordance with the proffers approved as part of the rezoning application for
this project. The development of this facility shall meet all applicable
Leesburg zoning and land development regulations for such uses.
ORDINANCE APPROVING TAVISTOCK FARMS
SECTION III. This ordinance shall be in effect upon its passage.
PASSED this 24th day of
ATTEST:
Clerk of C~ncil
June , 1987.
Robert E. ScYlla, Mayor
Town of Leesburg