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Home My Public Portal About1988_04_13_O012esb°utrg in ~irginia ORDINANCE NO. AN ORDINANCE: PRESENTED ,April 13, 1988 88-0-12 ADOPTED April 13. 1988 AMENDING THE ZONING DISTRICT MAP FOR #ZM-96 - PORETSKY BUILDING GROUP WHEREAS, Rezoning Application #ZM-96 by the Poretsky Building Group to rezone 8.9971 acres of land on the east side of North King Street from County R-1 to Town R-1 was received by Council and referred to the Planning Com- mission for recommendation on September 23, 1987; and WHEREAS, the Planning Commission held a public hearing on this applica- tion on November 5, 1987, prior to which a signed proffer statement was received; and WHEREAS, the Planning Commission on December 3, 1987, recommended to Council approval of rezoning application #ZM-96 contingent upon the proffers submitted and additional conditions relating to architectural treatment and off-site contributions; and WHEREAS, the Council held a public hearing on this application on February 10, 1988, prior to which a revised signed proffer statement was submitted by the applicant and property owner; and WHEREAS, the applicant subsequently amended the proffer statement on March 18, 1988, which does not increase the intensity of the proposed rezoning and does result in greater public benefit; and WHEREAS, this Council finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: APPROVING THE PORETSKY GROUP REZONING - #ZM-96 SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change 8.9971 acres of land from County R-1 to Town R-1 on the east side of North King Street and bounded by lands of Leesburg Joint Venture on the north, the Catholic Diocese of Arlington on the south, the Paxton Subdivision on the east, and Route 15 Business on the west, in accordance with a boundary plat dated August 1987 by Kamber Engineering, Inc. submitted with the application; subject, however, to the following conditions voluntarily proffered in writing by the applicant and property owner in accordance with Section 15.1-491(a) of the 1950 Code of Virginia, as amended: The applicant shall develop Section Two in general conformance with the Concept Development Plan ("Site Plan") submitted as part of this application and prepared by Kamber Engineering, Inc., by date of January, 1988, revised February 9, 1988, attached hereto and made a part hereof as Attachment 1. The applicant shall dedicate to the Town of Leesburg and shall1 construct the public roads generally as depicted on such Concept Development Plan, according to the regulations, including the bonding regulations, of the Town of Leesburg. The roads so dedicated and constructed shall be free and clear of liens. The applicant will provide a buffer area from the eastern edge of the right-of-way for Business Route 15 a distance of fifty feet (50') into the rear yards of Lots 1-7 of Section One of Manors of Leesburg (herein- after referred to as "Section One"). Said buffer area shall be in accordance with the Landscape Buffer Plan prepared by Kamber Engineering, Inc., dated January, 1988, and attached hereto and made a part hereof as Attachment 2. Said buffer area shall be constructed prior to the issuance of any occupancy permits for dwellings on Lots 1-7 of Section One. This paragraph shall be enforceable through restrictive covenants as per paragraph 11 hereof. The applicant shall prohibit the locating in the back yards of any of said numbered lots 1-7 fronting on Ariel Court of any of the following: trailers, recreational vehicles, trucks, boats, motorbikes, automobiles, satellite dishes, or ancillary or accessory buildings (unless such buildings are first approved in writing by the Town of Leesburg). This paragraph shall be enforceable through restrictive covenants as per paragraph 11 hereof. The applicant shall build the residences on Lots 1-7 of Section One in a manner as to be generally compatible with the streetscape along North King Street in the vicinity of the proposed Manors of Leesburg APPRO¥ING THE PORETSKY GROUP REZONING - #ZM-96 3 development. Specifically, the applicant shall build on said lots houses whose roofs are made of either cedar shake or an asphalt com- posite with a deep color tone and whose chimneys are of masonry con- struction. Said roofs shall have a pitch of not less than six to twelve, with garage roofs at not less than five to twelve. This paragraph shall be enforceable through restrictive covenants as per paragraph 11 hereof. The applicant shall, prior to obtaining a grading permit for that portion of the property adjacent to its southern boundary line, present for approval by the Town of Leesburg a plan to preserve existing trees along its southern property line to the extent possible in conformance with good land planning and development practices. o If requested by the Town of Leesburg, the applicant will enter into an agreement with the owners of that property which is the subject of #ZM-93, filed by Brownell, Inc., (hereinafter designated the "Permittees") whereby the applicant shall give to the Permittees, at no cost, except as stated hereafter, a temporary right of ingress and egress for construction vehicles (hereinafter designated the "Construc- tion Easement") from Business Route 15 across Sections One and Two, as will be delineated in said agreement. Said agreement shall be effective upon the date applicant receives zoning approval from #ZM-96 and shall terminate upon the applicant obtaining its last occupancy permit for Section One. Said agreement shall contain provisions whereby the Permittees are legally obligated to provide liability protection for the applicant, its agents, employees, invitees, and guests in such forms and amounts as is reasonably requested by the applicant and for such contribution by the Permittees as is reasonably requested by the applicant for the construction, maintenance and repair of the Construc- tion Easement. Said agreement shall be subject to approval as to form by the Town of Leesburg which shall indicate its approval by execution thereof. The applicant shall donate to the Town of Leesburg the sum of $10,000.00 to be used for recreational purposes. Said sum shall be paid. prior to the issuance of zoning permits for any construction in Section Two. The applicant shall donate the sums of one thousand dollars ($1,000.00) each to the Leesburg Fire Department and Leesburg Rescue Squad, respectively, such donations to be made at the time the applicant receives its first zoning permit for the construction on Section Two; otherwise, no such permit shall be issued. 10. The applicant shall donate the sum of one thousand dollars ($1,000.00) per building permit obtained for each principal residence in Section Two for the purpose of construction of off-site transportation improve- ments within the Town of Leesburg in as close proximity to the subject tract as the Town, in its discretion~ deems reasonable. Such donation shall be made at the time, and as, zoning permits are received for construction of residential dwelling units on Section Two. 11. In addition, the applicant shall, no later than the time of final plat approval for Section One, place restrictive convenants on Section One, Lots 1-7, which covenants shall contain the substance of those proffers numbered 3, 4, and 5 herein. Such covenants shall be submitted to the Town Attorney for approval as to form prior to recordation. Further, the applicant shall note on the recorded final plat for Section One that said proffers 3, 4, and 5 are applicable as to said Section One, Lots 1-7, and are the subject of recorded restrictive covenants. SECTION II. This ordinance shall be in effect upon its passage. PASSED this 13th day of April , 1988. ATTEST: nell Robert E. Sevila, Mayor Town of Leesburg