HomeMy Public PortalAbout1987_12_09_O035eesDurg
in ~Vir~ini~
PRESEbrrED December 9~ 1987
ORDINANCE NO. 87-0-35 ADOPTED December 9, 1987
AN ORDINANCE: APPROVING REZONING APPLICATION #ZM-84 TO AMEND PROFFER #3
PERTAINING TO PARKLAND WITHIN TKE POTOMAC CROSSING PLANNED
RESIDENTIAL COMMUNITY
WHEREAS, approved Proffer #3 for the Potomac Crossing Planned
Residential Community requires the clearing, grading and seeding of 20
acres of forested parkland within the community a~d a $5,000 contribution
to the town for park development; and
WHEREAS, rezoning application #ZM-84 by Gary P. Grimm, Inc. developers
of the community, was filed on November 6, 1986, to revise Proffer #3 to
replace the $5,000 contribution and 20 acres of site work with a 5-acre
neighborhood park developed with a variety of recreational facilities; and
WHEREAS, the Planning Commission held a public hearing on this
application on February 5, 1987; and
WHEREAS, the Planning Commission recommended approval of the proffer
amendment on February 19, 1987; and
WHEREAS, the Council held a public hearing on the proposed proffer
amendment on April 8, 1987; and
WHEREAS, the Council held a second public hearing on the proposed
proffer amendment on May 13, 1987; and
WHEREAS, the applicant revised the proffer amendment subsequent to the
public hearings to further restrict the terms of the proposed park
construction in response to concerns raised by the Leesburg Parks and
Recreation Advisory Commission and the Council; and
W}[EREAS, this rezoning/proffer amendment is in the best interests of
the public health, safety, welfare and convenience and good zoning practice:
APPROVING REZONING APPLICATION #ZM-84 2
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Proffer #3 for the Potomac Crossing Planned Residential
Community pertaining to zoning map amendment #ZM-66 is amended to read as
follows:
3. Prier ~o the dedication set forth in Paragraph 9 abeve~
App½ieant wi½½ e½ear~ rough grade and seed approxlmate½y 99 acres of the
property being dedicated te the Northern Virginia Regions½ Park Authority
as indicated on the ~epen space~ sheet of the 9Approved Pre½iminary
Beve½opment P½an~ute a½½ow for the p½aeement efa mu½ti-purpose fie½d= tn
additien~ App½ieane wi½½ fine grade with positive drainage and wi½½ seed an
area ef appreximate½y five rS) acres; within the twenty ~ge) areas; for use
as ath½etie fie½ds and in accordance with p½ans approved by the Town Eand
~eve½epment 9ffieia½; and wi½½ pay ante the ?own; at the time ef dedication
ef the ½~B acres; the sum ef FIVE IqqgWSAN9 Be~ARS ~5;ese~$e); te he
Following the dedication set forth in Paragraph 2 above,
Applicant will construct on the property dedicated to the Northern Virginia
Regional Park Authority the recreational improvements as indicated on the
"Potomac Crossing Community Park Concept Plan" dated January 14, 1987 in
accordance with the Budget and Specifications relating thereto dated
February 14, 1987. The improvements will substantially conform to the
detail shown thereon allowing for the reasonable substitution of materials
and methods of construction.
The applicant will guarantee construction of the improvements in
accordance with Town of Leesburg bonding procedures and begin the
APPROVING REZONING APPLICATION #ZM-84
improvements before 621 Zoning Permits are issued for residential building
lots in Potomac Crossing.
Applicant will seek all necessary permits and approvals for said
construction from the Town of LeesburR, Virginia, the Northern Virginia
Regional Park Authority and Loudoun County, but the failure of these
entities to issue the necessary permits in a timely manner will not cause
the issuance of Zoning Permits to cease. Rather, the Land Development
Official ("LDO") will make an adjustment in the number of Zoning Permits
permitted prior to substantial completion which is reasonable under the
then-existing facts and circumstances.
Applicant will provide insurance indemnifying NVRPA against all
liability arising from the use of the Park and the improvements during the
construction period and all construction activities must be pursuant to
required permits and subject to reasonable inspections by the NVRPA.
Applicant will provide the NVRPA with a copy of Construction
Plans and Schedule for review.
If parties other than the Applicant fail to satisfy any
conditions imposed by the NVRPA and such failure causes a delay in
substantial completion, the issuance of Zoning Permits will not cease.
Rather, the LDO will make an adiustment in the number of Zoning Permits
permitted prior to substantial completion which is reasonable under the
then-existing facts and circumstances.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this 9th day of December 1987.
ATTE ST:
Clerk of ~ouncil
Charles..Wil!iams, Vice-1~layor
Town of Leesburg