HomeMy Public PortalAbout1990_02_27_O005L...;~f
eesourg in CVirginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED February 27, 1990
90-0-5 ADOPTED February 27, 1990
APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #Sl~-ll0 KINCAID FARM BY FIRST POTOMAC
DEVELOPMENT CORPORATION
WHEREAS, the Town of Leesburg received a complete rezoning application and fees from First
Potomac Development Corporation on May 16, 1989; and
WHEREAS, First Potomac Development Corporation has applied to rezone 186.06 acres of land from
County PD-IP to Town PRN, Planned Residential Neighborhood with proffers. The property is located
southeast of Lawson Road between Tavistock Farms planned development and the Wasbin~on & Old
Dominion Trail, and is further identified as Tax Map 49, parcel 22B; and
WHEREAS, this application was received by Town Council on June 13, 1989 and referred to the
Planning Commission for public hearing under Chapter 11, Title 15.12 of the 1950 Code of Virginia; and
WHEREAS, the Planning Commi~ion held a public hearing on August 17, 1989 to consider this
rezoning application; and
WHEREAS, on November 16, 1989, the Planning Commission recommended approval of this
rezoning application, subject to a revised checklist of comments dated November 13, 1989; and
WHEREAS, the Town Council held a public hearing on January 23, 1990 to consider this rezoning
application; and
WHERF_d~, the applicant has prepared £mal rezoning plans and notarized proffers for approval as
part of this application; and
WHEREAS, the proposed PRN zoning is consistent with the Town Plan goals and policies for this
property and is compatible with surrounding zoning and development; and
WHE~, this rezoning request is in the interest of public necessity, convenience, general we]fare,
and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
AN ORDINANCE: APPROVING REZON~G APPLICATION #ZM-110 KINCAID FARM 2
SECTION I. Rezo~ing application #ZM-110 Kincaid Farm by First Potomac Development
Corporation is hereby approved and the Leesburg Zoning District Map is amended to change from County
PD-IP to Town PRN (Planned Residential Neighborhood) as proffered, 186.06 acres of land located
southeast of Lawson Road and further identified as Tax Map 49, parcel 22B.
Pursuant to Sections 15.1-491(a) and 15.1-491.2, Code of Vir~nis (1988 C~m_ Supp.), and Section
11-8-4 of the Zoning Ordinance of the Town of Leesburg, Virginia, (1959, as amended), FIRST POTOMAC
DEVELOPMENT COMPANY and LEEGATE CORPORATION, N.V. (the "Applicant") hereby mske the
following voluntary proffers for itself, and its successors in interest. These proffers are contingent upon
approval of the Rezoning Apph'cation (the "Application") which seeks to have rezoned to the Planned
Residential Neighborhood (PRN) category 186 acres more or less, designated as Parcel 22B on Loudoun
County Tax Map #49 (the "Property"). If the Application is not granted as submitted then these proffers
shall be withdrawn and be null and void.
Battlefield Parkway: Applicant or successor shall convey to the Town, by deed in a form approved
by the Town Attorney, in fee simple and free and clear of any and all liens or encumbrances, the
entire area shown on the plans and drawings dated May 5, 1989 and revised December 15, 1989,
attached hereto as Exhibit A (the "ConeeptfRezoning Plan"), as q~attlefield Parkway~. Further,
Applicant win construct, in accordance with Virginia Department of Transportation and Town of
Leesburg specifications and standards, a six lane section within a 120 foot right-of-way pins additional
turn lanes within a 140 foot right-of-way at the intersection of Kincaid Boulevard, with construction
to occur in accordance with the Development Schedule/Phasing Plan described on Page 1 of the
Concept/Rezo]~in~ Plan with no offsite trsnsitions. The Applicant will enter into an Agreement and
Performsuco Bond for the construction of Battlefield Parkway from just beyond its intersection with
Kincaid Boulevard to the bridge structure as stated in the Development Schedule/Phasing Plar~ The
Applicant or successor will perform prelimirlary bridge design to determine the ~mount of such bond.
Conveyance of the entire right-of-way for Battlefield Parkway shall be as shown on the
Concept/Rezoning Plan and will occur when a Final Subdivision Plat (record plat) for the Property
has been approved as stated in the Development Schedule/Phasing Plan. The applicant or successor
win reserve the 120 foot right-of-way required for Trailview Boulevard on the adjacent parcel (shown
on Loudoun County Tax Map No. 49 as Parcel 22) to the north of the Property owned by the
Applicant Leegate Corporation (the ~Leegate Tract") per Scenario 3 of the PHR & A East Battlefield
Parkway Addendum - Tuscarora Creek Crossing dated August 8, 1989, as illustrated on page 15 of
the Concept/Rezoning Plato Conveyance of the Trailview Boulevard right-of-way shall occur at the
Town's request following design and approval of construction drawings for Trailview BoulevarcL
Actual construction of the bridge structure for Battlefield Parkway's crossing of the Northern Virginia
Regional Park Authority Trail (the WV & OD Trail") and Tuscarora Creek floodplain shall occur as
agreed between the Town and Applicant Leegate Corporation, as the owner of the Leegate Tract
namely: that Leegate or its successor with respect to the Leegate tract (LCTM 49-22), will construct
the northbound three-lane half-section of the bridge crossing following the construction of oiT~ce space
on the Leegate Tract in excess of 800,000 gross leasable square feet. Construction of this three-
lane span of the bridge by Applicant Leegate Corporation win relieve Leegate or its successor with
AN ORDINANCE: APPROVING REZONING APPLICATION #~M-110 KINCAID FARM
respect to the Leegate Tract (LCTM 49-22), of any further responsibility to construct any additional
portion of the bridge. The Applicant Leegate will record among the Loudun County land records
a memorandum reflecting its commitment to the Town regarding such bridge construction in the
form shown on Exhibit B hereto.
Other Public Streets: Applicant or successor shall convey to the Town in fee simple by deed or in
a form approved by the Town Attorney, free and clear of any and all liens or enc~mbrance, and
construct the on-site public streets generally as shown on the submitted Concept/Rezoning Plan
(Exhibit A), in accordance with the Virginia Department of Tr~n.~ortation and Town of Leesburg
standards. Location and conveyance of the right-of-way shall be as generally shown on the submitted
Concept/Rezoning plan and will occur when a Final Subdivision Plat (record plat) has been approved
for each phase.
Other Transportation Improvements: The Applicant, or its successor in interest, agrees to contribute
up to the aggregate sum of EIGHT HLrNDRED ONE THOUSAND FIVE HUNDRED DOI,I.ARS
($801,500.00) (based on the projected number of 501 residential units and 20,040 gross square feet
of commercial space), under the terms and conditions stated herein, as its pro-rata, non-refundable,
contribution toward the cost of regional road improvements within the area of the Town of Leesburg,
including but not limited to the construction of the Battlefield Parkway bridge crossing of the W &
OD Trail and Tuscarora Creek floodplain (the ~l~ransportation Improvements"). The Applicant's
actual contribution shall be equal to ONE THOUSAND FIVE HUNDRED DOIJARS ($1,500.00)
per residential unit and TWO DOI,I,&RS ($2.00) per gross square foot of commercial space act~mlly
constructed on the Property. These funds shall be paid into an escrow account established by the
Town of Leesburg for the specific purpose of £mancing the construction of such Transportation
Improvements. The Applicant, or its successor in interest shall make payments to the Town of
Leesburg on a residential unit-by-unit and commerciAl-square-footage basis immediately prior to the
issuance of zoning permits for construction of individual residential units or commercial structures
on the Property.
Public Safety: Applicant agrees that immediately prior to the time zoning permits are obtained for
individual residential units to be constructed on the Property, Applicant, or its successors in interest,
will pay to the Town of Leesburg the s,,m of ONE HUNDRED DOIJARS ($100.00) per residential
unit as a non-refundable contribution to the fire and rescue facilities providing service to the
Property.
Public Parks Contributior~ Applicant, or its successors in interest, agree that immediately prior to
the time zoning pernfits are obtained for individual residential units on the Property, it will make
a non-refundable os~h contribution to the Town in the amount of TWO HUNDi~ED DOIJ,ARS
($200.00) per residential unit. These funds shall be placed by the Town in a fund for the
development of public park facilities at Ida Lee Park as the Town deems appropriate.
Public Park Dedication: The Applicant, or its successors in interest, at time of Final Subdivision Plat
approval, shall convey to the Town by deed or in a form approved by the Town Attorney, in fee
simple and free and clear of any and all liens or encumbrances, for public park purposes an area of
approximately 6.23 acres located at the northeastern corner of the Property, shown as Parcel A on
the submitted Concept/Rezoning Plan (Exhibit A). The Applicant, or its successors in interest, will
construct or provide one (1) three-person swing set, one (1) mod~dAr wood play structure, up to nine
(9) picnic tables, one (1) pavilion/shelter with restroom facilities, a seventy-four (74) space parking
lot with curb and gutter, and the extension of water and sanitary sewer lines to the pavilion at a
cost not to exceed One Hundred Twenty-five Thousand Dollars ($125,000), including an 8 to 10
foot wide asphalt trail connection to the W & OD Trail, all as generally shown on page 10 of the
Concept/Rezoning Plan and in accordance with the Development Schedule/Phasing Plan on page i
AN ORDINANCE: APPROVING REZONING APPLICATION ~ZM-110 KINCAID FARM
thereof, as approved by the Director of Parks and Recreation.
Pedestrian Trsih: The Applicant, or its successors in interest, will construct a pedestrian trail
system throughout the Property as generally shown on the submitted Concept/Rezoning Plan
(Exhibit A) and the detailed drawings included on page 14 thereof. The trail will be an 8 to 10 foot
wide asphalt trail system constructed to Town of Leesburg standards and built as stated in the
Development Schedule/Phasing Plan described on page 1 of the Concept/Rezoning Pla~
o
Landscaping Buffering and Tree Preservation: As generally shown on the Concept]Rezo~ing Plan~
Applicant or its successor will provide landscape buffering around the proposed tewnhome cluster
along Battlefield Parkway and the proposed townhomes adjacent to Tavisteck Farms. The Applicant
or its successor will submit a tree preservation plan and preliminary grading plan for Planning
Commission review and approval concurrently with the first subdivision or development plan. The
Applicant or its successor will also work with Town Staff to develop up to three alternate stormwater
channel designs which allow maximum tree preservation, alternate bank stab'dization techniques and
site specific landscape plantings to re-establish a naturAlly, ed channel which meets engineering
standards. Three (3) CONCEPTUAL alternate stormwater channel designs will be submitted for
Plann/ng Commission review at initial preliminR~y subdivision plan submission, with FINAL alternate
stormwater channel design prepared and submitted concurrently with site infrastructure construction
drawings. In addition, the Applicant or its successor will supplement the existing ve~tation where
the proposed single-family homes abut the industrially-zoned land at the southern border of the
Property and provide a buffer area as approximstely shown on the Coneept/RezoninE Plar~ The
proposed landscape buffering and vegetation supplementation shall be substantially as shown on the
detailed drawings included in the Concept/Rezoning Plan (Exhibit A). The Applicant or its successor
will preserve the significant areas of 25% slopes within Kincald Park and the Commercial/Retail area
as shown on pages 5, 10 and 12 of the ConceptfRezonin~ Plarh
Homeowner's Association: When a Final Subdivision Plat (record plat) for Phase I (as described in
the Development Schedule/Phs~iug Plan) has been approved, Applicant or its successor win establish
a Homeowner's Association to be composed of all owners of residential lots on the Property. The
Declaration of Covenants and Restrictions will be provided to the Town Attorney for review prior
to recordation. The Homeowner's Assoc/ation will be empowered to assess annual dues from its
members and will msnsEe and mslrltain the Common Areas, including the pedestrian trail systen~
Applicant agrees that the Final Subdivision Plat (record plat) for each pase of the project will contain
the following notation: "Management and maintenance of the Common Areas and the pedestrian
trail systems are the responsibility of the Homeowners Association." Further, Applicant or its
successor will impose Restrictive Covenants appropriate to the character of the neighborhood by
recording the Declaration of Covenants and Restrictions at the time the Final Subdivision Plat is
recorded.
10. Fire Prevention: All builders of homes on the Property will offer to customers the option of
installing a fire sprinkler system in the home at a price to be determined by the builder.
11.
12.
Emergency Access: Applicant or its successor will install temporary street signs during construction
and shall maintain access to the Property for emergency vehicles during constructiom
Development Generally: Development of the Property shall be in general conformity with the
Concept/Rezoning Plan Application attached hereto as Exhibit A, including the Development
Schedule/phasing Plan shown on page i thereof, which shall control the general layout and general
confq,mration of the property. The Applicant reserves the right to mAlre minor alterations to the
Development Schedule/phasing Plan with respect to acreage in each phase and/or the l~lAnce of the
residential unit types and construction of the commercial uses with the prior approval of the Land
AN ORDINANCE: APPROVING REZONING APPLICATION #ZM-110 KINCAID FARM
Development Official; provided such changes have no significant impact on the phasing of public
improvements. Applicant or its successor reserves the right to submit other amendments to the
Development Schedule/Phasing Plan or these proffers to the Town Council for review and approval.
The general architectural design and materlRl~ shown in the ConceptfRezonlng Plan are intended
to be representational and to demonstrate the overall level of q~mllty and finish of the homes and
commercial/retail structures to be constructed on the Property. Residential unit mix will consist of
architectural styles as shown on page 14 of the Concept/Rezoning Plan, with no more than two (2)
slmilm- styles adjacent to each other. A minlm~m of one upgrade facade option will be incorporated
on each unit, including but not limited to: dormers, co]-mns, masonry f~de, window lintels, front
porch. In addition: (a) cblmneys on single f~mily detached dwellings shall be masonry chimneys; (b)
a mi~imllm of twenty-five percent (25%) of all single family detached and single family attached
dwellings shall have a brick facade; (c) a minimum of twenty percent (20%) of all single family
detached and single family attached dwellings shall have a cedar shake roof (which may consist of
architectural-grade shingles); and (d) the commercial/retail structures shall have a cedar shake roof
(which may consist of architectural-grade shingles). Reasonable allowance shall be made for
engineering and design alteration at the time of actual subdivision and/or site plan approvals. If the
Land Development Official determines that the proposed architectural styles at time of construction
are significantly different from those shown on the approved Concept/Rezoning Plan; then the
Applicant or its successor may submit new architectural plans and renderings for Town Council
review and approval.
Applicant acknowledges that the final plat and construction drawings are subject to the terms and
conditions of the applicable subdivision and zoning orc]inance as well as Town engineering and
construction standards. Applicant also acknowledges that Concept/Rezoning Plan approval does not
express or imply any waiver or modification of the requirements set forth except as specifically cited
by ordinance section and paragraph in the motion for approval of this rezo~ing. Finally, Applicant
acknowledges that housing density may be decreased below the maximum approved if necessary to
provide, in the general locations indicated, all public facilities and proffered items to the appropriate
Town standards.
The Applicant represents that it has full authority to make these proffers and to execute this
document, that these proffers are made voluntarily and shall be binding on all owners, heirs,
successors and assigns.
SECTION II. This ordinance shall be effective upon its passage.
PASSED this 27th dayof
February ,1990
Ro~bert E. Sevila, ~V~aySr
Town of Leesburg
ATTEST:
Clerk of C~(mcil