HomeMy Public PortalAbout1987_10_28_O028Leesb~rg i~ ~irginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED October 28, 1987
87-0-28 ADOPTED October 28, 1987
APPROVING A REVISED PRELIMINARY DEVELOPMENT PLAN AND PROFFER
AMENDMENT FOR THE EXETER PLANNED RESIDENTIAL NEIGHBORHOOD
WHEREAS, on May 22, 1985, the Council of the Town of Leesburg in
Virginia approved rezoning application #ZM-55 by Leesburg Joint Venture
establishing a 1201-unit planned development referred to as the Exeter
Planned Residential Neighborhood; and
WHEREAS, rezoning application #ZM-55 was approved with a set of proffers
and a preliminary development plan relating to the type and arrangement of
land uses within the Exeter Planned Residential Neighborhood; and
WHEREAS, Richmond American Homes of Virginia, Leesburg Joint Venture
and ?ulte Home Corporation have submitted a rezoning application #ZM-87
requesting that the preliminary development plan and proffers associated with
the Exeter Planned Residential Neighborhood be amended; and
WHEREAS, the Planning Commission, on March 19, 1987, held a public
hearing on rezoning application #ZM-87; and
WHEREAS, the Planning Commission, on August 6, 1987, recommended
conditional approval of this application; and
WHEREAS, this Council on September 23, 1987, held a public hearing on
this application; and
WHEREAS, it is determined that the public necessity, convenience,
general welfare and good zoning practice require the amendment of the pre-
viously approved preliminary development plan and proffers associated with
#ZM-55 and the Exeter Planned Residential Neighborhood:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
APPROVING THE REVISED EXETER PROFFERS 2
SECTION I. The revised preliminary development plan dated October 13,
1987 for the Exeter Planned Residential Neighborhood, as annotated, including
all waivers requested as part thereof, submitted as part of rezoning applica-
tion #ZM-87 for 274.9 acres of land, more or less, bounded by the Route 15
Bypass on the east, Route 15 Business on the west, Virginia Route 837 and
Balls Bluff Road on the north, and lands of Leesburg Joint Venture, Rev.
Thomas J. Welsh, the Paxton Home for Children, Walter L. Phillips, Loudoun
County School Board, Exeter, Section I Subdivision and Exeter, Section 2B to
the south, is hereby approved and the previously approved preliminary develop-
ment plan associated with rezoning application #ZM-55 is hereby repealed.
SECTION II. The revised proffers dated October 26, 1987 voluntarily
submitted by Richmond American Homes of Virginia, Inc., Leesburg Joint
Venture, and Pulte Home Corporation in accordance with Section 11-8-4 of the
Leesburg Zoning Ordinance and Section 15.1-491(a) of the Code of Virginia, as
amended, are hereby approved as the following conditions associated with the
Exeter Planned Residential Neighborhood, superseding all proffers previously
related to the property:
1. Development Plan. The development of the subject property shall be in
substantial conformity with the Preliminary Development Plan dated July
9, 1987, as revised through October 13, 1987, prepared by Dewberry &
Davis, which plan is incorporated herein by reference. With respect to
the con~nercial area, any changes to the previously approved May 22,
1985, architectural elevations shall be submitted to the Zoning
Administrator for approval. Ail single-family units fronting
Battlefield Parkway and all large single-family detached units shall
have masonry chimneys.
2. Additional Open Space. The applicants will provide open space in
substantial conformity with the acreage as set forth on the Preliminary
Development Plan submitted to the Town of Leesburg pursuant to the
aforesaid application for a preliminary plan amendment of September 8,
1987. The categories of open space areas shall be approximately as
follows:
APPROVING THE REVISED EXETER PROFFERS 3
Major Open Space:
Central Recreation Area:
Within Development Envelopes:
Multi-family and Townhouse
Single-family area:
Total (Minimum):
30.0 Acres
5.6 Acres
35.1 Acres
22.3 Acres
93.0 Acres
Public Facilities Site. The applicants will provide and dedicate at
such time as the extension of Plaza Street is dedicated, to the Town of
Leesburg or such other public or quasi-public body as the Town of
Leesburg may approve a site of 10 acres, more or less, to be used by the
Town or such other body for such use as the Town within its sole
discretion may deem appropriate including but not limited to: public
safety facility, library, museum, and parks or recreation facilities.
Such donated area shall be as indicated on the Preliminary Development
Plan.
Recreational Facilities. The applicants agree to provide 4 tennis
courts, 5 tot lots, 2 multi-purpose courts, a swimming pool, a community
center, and a pedestrian trail/pathway as shown on the Preliminary
Development Plan (exclusive of any of the facilities shown on the
Fieldstone Development Area). The four tennis courts shall be completed
by the time the 100th dwelling unit is completed (not including the
Fieldstone apartments), and the swimming pool shall be completed by
July of 1989, provided that the 200th dwelling unit of the development
has been occupanied (not including the Fieldstone apartments). The
swimming pool shall be sized to Fairfax County standards in effect as of
the date of this agreement, or if an alternate standard is proposed it
shall be built in accordance with standards established by a certified
private swimming pool consultant, with input from representatives of the
Exeter, Section 1 community.
The applicants agree that the Central Recreational Area facilities, as
indicated on the Preliminary Development Plan shall be made available to
the homeowners in Exeter, Section 1, on an equal basis with the home-
owners within Exeter. In addition, the creation of the homeowners
documents will include a special membership class which will provide
free memberships to the swimming pool and other recreation facilities
for all forty-nine (49) lots in Exeter I for a period of five (5) years
from the time the pool opens. This membership will be attached to the
lots, not the owners, and is, therefore, transferable during the five
(5) year period. Upon the expiration of this five (5) year period, the
residents of Exeter I will enjoy the same eligibility for use of the
recreation facilities as the members of Exeter.
o
Additional Public Facilities (Ballfields). The applicants agree to
construct, at their expense, two multi-purpose ballfields and a dustless
parking lot with entrance and a minimum of twenty spaces as requested by
the Town of Leesburg. Said ballfields and parking lot shall be located
on the 10 acre public facility site identified on the Preliminary
Development Plan. Construction of said ballfields shall be accomplished
at the same time as the Central Recreational Area Facilities indicated
APPROVING THE REVISED EXETER PROFFERS
4
on the Preliminary Development Plan are established on the property.
The specific layout and type of ballfields shall be determined by the
Town at the final development plan stage.
The applicants agree to contribute the sum of TWO HUNDRED FORTY THOUSAND
TWO HUNDRED DOLLARS ($240,200.00) toward the construction of improve-
ments at the Ida Lee Park to be developed by the Town of Leesburg. The
applicant's contribution of this money shall be in the form of cash
donations equalling TWO HUNDRED NINETY FOUR DOLLARS ($294.00) per
single family and townhouse unit developed on the subject property and
shall be paid into an escrow fund established by the Town of Leesburg
for the specific purpose of funding improvements to said park. The
applicants or any successors in interest shall make said payment of TWO
HUNDRED NINETY-FOUR DOLLARS ($294.00) prior to the issuance of a zoning
permit for each lot on which is to be located a single family or
townhouse unit. Said escrowed funds and the interest accruing thereon
shall, in accordance with these proffers, be used only for the aforesaid
park improvements, at the direction of the Town, and if not used in
connection with said improvements, shall be returned to the applicants.
Provided, however, that should the applicants expend funds directly for
engineering or construction of said park improvements, the amount of
said expenditure shall be credited against the contribution of TWO
HUNDRED FORTY THOUSAND TWO HUNDRED DOLLARS ($240,200.00), and the per
unit contribution shall be reduced accordingly.
Fire and Rescue. The applicant agrees to contribute the sum of
$28,595.00 toward the Volunteer Fire and Rescue Services within the
Town of Leesburg. The applicants' contribution shall be made in the
form of cash donations equalling $35.00 per townhouse and single~
family unit developed on the subject property and shall be paid into an
escrow fund, the Trustee of which shall be designated by the Town of
Leesburg. Said payments of $35.00 shall be made prior to the issuance
of the zoning permits for each lot on which is to be located a townhouse
or single-family unit.
Off-site Road Improvements. The applicants hereby make the following
proffers with regard to off-site road improvements in connection with
the development of the project.
The applicants agree to dedicate to the Town of Leesburg or
the Virginia Department of Transportation, as appropriate, 10
acres, more or less, constituting property at the northewest
and southwest quadrants formed by the intersections of the Route 15
Bypass and Battlefield Parkway, in order to permit the construction
thereon of a grade-separated interchange. Said 10 acres, more or
less, are depicted on the Preliminary Development Plan as Dedica-
tion for Future Interchange. Notwithstanding any other provisions
of paragraph 8(a), however, the applicants shall retain the right,
by easement, to erect such entrance features for the development
from the Route 15 Bypass on said 10 acres as may be permitted by
the Town of Leesburg, whose consent thereto shall not be withheld
unreasonably. Such entrance features shall be erected at the sole
APPROVING THE REVISED EXETER PROFFERS
expense of the applicants, which shall not receive any compensation
therefor in the event said improvements are required to be taken in
order to accommodate a grade-separated interchange.
The applicants agree to contribute the sum of FOUR HUNDRED THIRTY
EIGHT THOUSAND THREE HUNDRED SIXTY FIVE DOLLARS ($438,365.00)
under the terms and conditions stated hereinafter as a pro rata
share toward the construction of improvements to the Route 15
Bypass across the eastern portion of the property and the grade-
separated interchange planned in the future at the intersection of
Battlefield Parkway and the Route 15 Bypass. The applicants'
donation of this money shall be in the form of cash donations
equalling THREE HUNDRED SIXTY FIVE DOLLARS ($365.00) per resi-
dential 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 Transportation, as appropriate, for the
specific purpose of financing construction of all or a portion of
improvements to the Route 15 Bypass across the eastern boundary of
the subject property and/or construction of a portion of a grade-
separated interchange at the junction of Battlefield Parkway and
the Route 15 Bypass. The applicants or any successors in interest
to the applicant shall make said payment of THREE HUNDRED SIXTY
FIVE DOLLARS ($365.00) at the time said applicants or successors
obtain a zoning permit for each lot on which is to be located a
residential 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 not used in
connection with said improvements, shall be returned to the
applicants. Should any of the applicants expend funds directly
for construction of said off-site road improvements, at the
direction of the Town and VDOT, the amount of the said expenditure
shall be refunded to the applicant making said expenditure, from
the escrowed funds, as they are or become available.
The applicants agree to construct acceleration and deceleration
lanes at the junction of Battlefield Parkway and Business Route
15, and at the junction of Battlefield Parkway and the Route 15
Bypass, as part of Phase I as shown on the Preliminary Development
Plan, in accordance with the requirements imposed by the Virginia
Department of Transportation or the Town of Leesburg.
Plaza Street. The applicants shall prohibit the use of Plaza Street by
construction traffic during the development of the subject property.
In addition, the applicants shall erect a barricade at the northern end
of existing Plaza Street and shall maintain the barricade until 95% of
the residential units in Phase I, as shown on the Preliminary Develop-
ment Plan, have received certificates of occupancy.
10.
BufferinK. The applicant will provide the following buffer areas as
shown on the Preliminary Development Plan:
APPROVING THE REVISED EXETER PROFFERS
100' along Route 15 Bypass and Route 15 Business.
45' minimum along Battlefield Parkway, adjacent to single family
residential areas.
50' between the proposed single family detached units and multiple
family housing.
25' between proposed single family detached units and adjacent
properties along the southwestern boundary of the site.
25' along Balls Bluff Road.
11.
Landscaping and Fencing.
a. Landscaping of the area adjacent to the existing forty-nine (49)
dwellings in Exeter Section 1 will be provided as shown on the
Preliminary Development Plan. The exact location of the tot lot
and specific comments as to which trees will be saved and provided
will be determined by the Town with input from representatives of
Exeter Section 1 Homeowners Association. The landscaping of the
open space on Exeter Section 1 will be in place prior to beginning
the grading required for the storm water detention facility. The
remainder of the landscaping of the major common area will be
completed within twelve (12) months of plan approval, weather
permitting. However, the applicants reserve the right to phase
the planting and landscaping based on construction activities and
acceptable weather conditions so as not to endanger the survival
of the planting.
The blocks of townhouses in Phase 3 closest to the existing
forty-nine (49) Exeter Section 1 lots as shown on the Preliminary
Development Plan, will be limited to four (4) units each. In
addition, a five (5) foot high brick and wood wall will be con-
structed behind these five (5) blocks of townhouses, prior to the
issuance of occupancy permits for said units.
12.
Reserve Fund for Pond Maintenance. The applicants agree to include,
within the documents creating the Homeowners Association for Exeter, a
provision for a reserve fund for regular maintenance of the pond by the
Homeowners Association, as shown on the Preliminary Development Plan.
13.
Townhouse Construction. The applicants agree that they will not
construct any of the townhouse units shown in Area C on the Preliminary
Development Plan which border the proposed floodplain until the location
of the floodplain has been determined by the Town of Leesburg and the
Federal Emergency Management Agency.
14.
Pedestrian Underpass. The applicants, as requested by the Town, will
construct a concrete pedestrian underpass under Battlefield Parkway,
concurrently with the construction of Phase 1.
15.
Carrvale Entrance. The applicants, as requested by the Town, shall
construct a fence, at the entrance to the Carrvale Subdivision along
Edwards Ferry Road, at a price not to exceed $20,000.00. Acquisition of
any necessary easements, and maintenance of said fence, shall be the
responsibility of the Town of Leesburg.
APPROVING THE REVISED EXETER PROFFERS
7
SECTION III. Council directs the Manager to initiate the development of
pro rata and reimbursement agreements for public utilities installed in this
development, pursuant to Sections 13-84 and 13-85 of the Leesburg Subdivision
and Land Development Regulations.
SECTION IV.
PASSED this
This ordinance shall be in effect upon its passage.
28th day of October , 1987.
Robert E. Sevila, Mayor
To~n of Leesburg
ATTEST:
Clerk of .~uncil