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HomeMy Public PortalAbout1988_03_23_O011eesl~urg in ~irgini~ ORDINANCE NO. AN ORDINANCE: PRESENTED March 23, 1988 88-0-11 ADOPTED March 23, ][988 APPROVING A CONCEPT PLAN AND PRELIMINARY DEVELOPMENT PLAN AND AMENDING THE TOWN PLAN AND ZONING DISTRICT MAP AND APPROVING A SPECIAL USE PERMIT FOR ZM-90 - GREENWAY FARMS PARTNERSHIP WHEREAS, an application for Concept Plan approval and amendment of the Town Plan pursuant to Section 7B-7 of the Planned Development Ordinance was submitted by Greenway Farms Partnership on April 16, 1987, for 169 acres of land located on the west side of South King Street, south of the Country Club Subdivision; and WHEREAS, this application was combined on May 18, 1987, with an applica- tion for Preliminary Development Plan approval and amendment of the zoning district map to rezone the parcel from County R-1 to the Planned Residential Neighborhood district, pursuant to Section 7B-8 of the Planned Dew~lopment Ordinance, including a request for a special use permit for a day care facility; and WHEREAS, the Planning Commission held a public hearing on the combined applications on August 6, 1987; and WHEREAS, the Planning Commission on August 20, 1987, recommended to Council approval of the applications subject to the draft proffers submitted by the applicant and a number of additional conditions; and WHEREAS, the Town Council held a public hearing on the combined applica- tions on December 9, 1987, prior to which a signed, notarized proffer state- ment was submitted by the applicant and the property owners; and WHEREAS, the applicant subsequently amended the plans and proffer statement which do not increase the intensity of the proposed rezoning and result in greater public benefits; and GREENWAY PRN ORDINANCE 2 WHEREAS, these applications and subsequent amendments were referred to Loudoun County for comment on May 23 and 26, 1987, and on February 8, 1988, pursuant to the 1982 Annexation Agreement between the County and the Town; and WHEREAS, this Council finds the proposed applications to be in con- formance with the Town Plan and in the best interest of the public health, safety, welfare, convenience and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Concept Plan for the Greenway planned residential neighborhood dated April 3, 1987, as revised through March 8, 1988, by Dewberry and Davis, Engineers, is hereby approved and the Town Plam is hereby amended in accordance with this plan. SECTION II. Rezoning Application #ZM-90 and the Preliminary Development Plan for the Greenway Planned Residential Neighborhood dated May 1, 1987, as last revised on March 15, 1988, prepared by Dewberry and Davis, Engineers, 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 Neighbor- hood (PRN) 168.75 acres of land located on the west side of South King Street, bounded by the Country Club Subdivision and land of James F. Tyler on the north, and land of NV Land on the west and south, in accordance with the boundary plat prepared by Bengtson, DeBell, Elkin and Titus dated October 24, 1986, as revised through October 31, 1986, submitted as part of the applica- tion; subject, however, to the following conditions proffered in writing by the applicant and property owners in accordance with Section 15.1-491(a) of the 1950 Code of Virginia, as amended: GREENWAY PRN ORDINANCE Applicant shall dedicate in fee simple (free and clear of liens) and construct the on-site public streets and turn lanes at the entrances on Route 15 generally as shown on the submitted Preliminary Dew~lopment Plan (Exhibit "A") in accordance with the Virginia Department of Transportation and Town of Leesburg Standards. Dedication of the right-of-way shall be as shown on Exhibit "A," and will occur at time of Record Plat Subdivision Approval of each section of the subject property. Construction of such streets shall occur in accordance with the phasing shown on Exhibit "A". Signalization of the southerly entrance on Route 15 shall be the responsibility of Applicant when the entrance meets the warrants established by the Virginia Department of Transportation. Development of the subject property shall be in general conformity with the Preliminary Development Plan attached hereto as Exhibit "A", and made a part hereof, which shall control the general layout, density, housing type, and general configuration of the subject property, as well as the general architectural design and materials for the project, with reasonable allowance to be made for engineering and design altera- tion at the time of actual subdivision and/or site plan approvals. In relation to construction of Nickels Drive, Applicant will create and bear all costs associated with construction of a temporary on-site access for construction traffic as is shown on Exhibit "A", and will not utilize Bradfield Drive for such construction access until the construction of Nickels Drive is completed. The Applicant, or its successor in interest, agrees to contribute up to the aggregate sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) (based on the projected number of FIVE HUNDRED (500) residential units), under the terms and conditions stated hereinafter as its pro rata share toward the construction of off-site transportation improvements which Applicant hereby agrees benefits the subject property. The Applicant's donation shall be in the form of cash contributions equalling ONE THOUSAND DOLLARS ($1,000.00) 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 financing construction of such transportation improvements. The Applicant, or any successor in interest to the Applicant, shall make said payments to the Town of Leesburg for each residential unit prior to receipt of zoning permits for construction of individual residential units on the subject property. Any improvements to Route 15, other than turn lanes, acceleration and deceleration lanes, and signalization for the southerly entrance to Route 15, which are constructed or paid for by the Applicant, or its successors in interest, shall be credited against the contributions otherwise required pursuant to this Paragraph (4). Applicant agrees that prior to obtaining zoning permits for individual residential units to be constructed on the subject property, Applicant, or its successors in interest, will pay unto the Town of Lees'burg the total sum of FIFTY DOLLARS ($50.00) per residential unit as a donation GREENWAY PRN ORDINANCE 4 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. Applicant, or its successors in interest, agree that prior to obtaining zoning permits for individual residential units on the subject 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 improve- ment of the Ida Lee Community Park. Applicant agrees that it will donate to the Town, free and clear of all liens and encumbrances, an area of land composed of approximately 6.0 acres, the location of which is more particularly designated on the attached Exhibit "A" as the "Library or Other Public Facility Site". This property will be conveyed to the Town for a library, fire, police, or public recreational use permissible under the Town PRN zoning category. Conveyance to the Town of the property, together with construction access at the boundary of this property, will occur at the earliest time possible consistent with the creation of this lot as a legal transferable entity under the appropriate Town Zoning/Subdivision Ordinances. Applicant agrees that upon approval of this rezoning, it will diligently pursue creation of a legally transferable lot for purposes of conveyance to the Town, and that within six (6) months of approval of the subdivision creating such lot, the Applicant will provide utilities and public road access at the boundary of the pro- perty. The deed of conveyance to the Town will provide for retention by the Applicant, or its successors, of reasonable utility and/or drainage easements along and across the site to accommodate development plans of the Applicant. o Applicant, or its successor in interest, agrees to contribute up to the aggregate sum of FIFTY THOUSAND DOLLARS ($50,000.00) for the design and materials for construction of a community tot lot facility on a portion of the open space portion of the subject property. Design of the tot lot facility shall be provided by the applicant and shall be similar to a facility presently constructed in the Town of Hamilton, Virginia. Actual construction of the tot lot facility shall be a community effort of the residents of the Town of Leesburg and shall not be the responsi- bility of the Applicant; provided, however, the applicant shall provide construction supervision for the project and shall grade and fully prepare the site for the structure. Applicant agrees that prior to the approval of the Site Plan for the day care facility referenced in Exhibit "A", the owner of such facility will submit architectural elevations for the day care facility to the Town Land Development Official for review and approval. The general location of such day care facility is designated on the attached Exhibit "A". 10. Applicant agrees that prior to approval of the Site Plan for the church site designated on Exhibit A, the owner of the church site will submit GREENWAY PRN ORDINANCE 5 architectural elevations for any church to be constructed on the church site to the Town Land Development Official for review and approval. SECTION III. A special use permit is approved for a day care facility to be located on approximately two acres within the Greenway Planned Resi- dential Neighborhood, as shown on the Preliminary Development Plan for this project dated May 1, 1987, as last revised on March 15, 1988, and in accordance with the proffers approved as part of the rezoning application for this project. The development of this facility shall comply with all appli- cable Leesburg zoning and land development regulations for such uses. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 23rd day of ATTEST: Clerk of Co~cil March , 1988. Robert E. Sevila, Mayor Town of Leesburg