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HomeMy Public PortalAbout1990_08_08_O025L~s~urg in ~Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED August 8, 1990 90-0-25 ADOPTED August 8, 1990 APPROVING A REVISED PREI,IMINARY DEVELOPMENT PLAN AND PROFFER AMENDMENT FOR THE GREENWAY FARM PLANNED RESIDENTIAL NEIGHBORHOOD WHEREAS, on March 23, 1988 the Council of the Town of Leesburg in Virginia approved rezon~ng application #ZM-90 by Greenway Farm Partnership establishing a 500-unit planned development referred to as the Greenway Farm Planned Residential Neighborhood (PRN); and WHEREAS, rezoning application #ZM-90 was approved with a set of proffers and a prellm~nsry development plan showing the type and arrangement of land uses within the Greenway Farm Planned Residenti~d Neighborhood (PRN); and WHEREAS, Trafalgar House has submitted rezoning application #ZM-120 requesting that the prellm~uary development plan and proffers associated with the Greenway Farm PRN be amended; and WHEREAS, a joint public hearing was held with the Planning Comm~ion on July 11, 1990 to consider this application; and WHEREAS, the Plsnuing Commission, on July 26, 1990 recommended conditional approval of this application and approved a variation of Section 13-75(2)(d) of the Subdivision and Land Development Regulations in order to allow common parking courts to serve more than thirty-six units; and WHEREAS, this request decreases the overall residential density from 500 units to 408 units and increases the amount of open space from 42 acres to 65 acres; and WHEREAS, a reduction in density is more compatible with existing development in this area and superior to the original proffered rezoning approved on March 23, 1988; and WHEREAS, it is determined that the public necessity, convenience, general welfare and good zoning practice require the amendment of the previously approved prel~m~rmry development and proffers associated with #ZM-90 and the Greenway Farms PRN: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as fonows: -2- AN ORDINANCE: APPROVING A REVISED PRELIMINARY DEVELOPMENT PLAN AND PROFFER AMENDMENT FOR THE GREENWAY PRN SECTION I. The revised preliminary development plan dated June 27, 1990 for the Greenway Farm PRN, and submitted as part of rezoning application #ZM-120 for 156.75 acres, is hereby approved and amends the residential component of the previously approved prellmlrlary plan dated March 8, 1988 and associated with rezoning application #ZM-90. SECTION H. The revised proffers dated August 1, 1990 voluntarily submitted by Trafalgar House, Inc. are hereby approved, superseding all proffers previously related to this 156.75 acre property:. Pursuant to Section 15.1-491 of the Code of Virginia (1950, as amended) and Section 13A-12 of the Town of Leesburg, Virginia Zoning Ordinance these proffers replace and make null and void proffers 1 through 8 associated with Ordinance No. 88-0-11, ZM-90 Greenway Farms Partnership, but retains in effect proffers 9 and 10 which are directly applicable to the development of the commercial component, day-care facility and church site of this Planned Residential Neighborhood. The applicant, or its successors-in-interest shall dedicated in fee simple to the Town of Leesburg (the 'Town"), free and clear of liens and encumbrances, accomplished by documents drawn in a form acceptable to the Town Attorney, and construct the on-site public streets and turn lanes at the entrances on Route 15 as generally shown on the Pre_limlns~y Development Plan in accordance with the design standards of the Virginia Department of Transportation ("VDOT") and the Town's Construction and Design Manual Standards. Construction of such streets shall occur substantially in accordance with the phssi~g plan shown on the Prelimirmry Development Plan. Dedication of the rights-of-way shown on the Prellmlrmry Development Plan will occur at time of Record Subdivision Plat Approval of each section of the Property. Upon the earlier of, receipt of the zoning permit for the four hundred (400th) residential unit developed on the Property or, when warranted by VDOT, the Applicant, or its successors and assigns, will pay the Town for the cost associated with providing signalization at the southerly entrance to the Property on Route 15. o Development of the Property wili be in substantial conformity with the Prellmlrmry Development Plan referenced above and attached hereto, which shall control the density, use, general layout, and general configuration of the Property, with reasonable allowance for engineering and design alteration to meet Town zoning, subdivision and land development regulations. The architectural design and materi~l~ for homes constructed on the Property will be in general conformity with the Prelimlrmry Development Plan. Consistency of the architectural design and mAteriAl~ of homes constructed on the Property with the renderings included in the Prellmlrm~ Development Plan win be verified by the Town Land Development Official at the time of issuance of Zoning Permits. Any substantial deviation in the architectural design and materials from the renderings included in the PreliminAry Development Plan will require approval from the Town Council as a proffer amendment. Applicant agrees to construct one attached double car garage with each single family detached home constructed on the Property. AN ORDINANCE: -3- APPROVING A REVISED PRELIMINARY DEVELOPMENT PLAN AND PROFFER AMENDMENT FOR THE GREENWAY PRN o o The Applicant or its successors-in-interest will at its sole expense provide temporary on-site access for construction of Nickels Drive and residential units accessed from Nickels Drive. Applicant agrees to not use Bradfield Drive for any construction access to Nickels Drive until the construction of Nickels Drive is complete, Nickels Drive is acceptable for inclusion into the Towns roadway inventory, and all residential units accessed from Nickels Drive have been constructed. The Applicant, or its successors-in-interest, agrees to pay the Town prior to issuance of each zoning permit issued for residential units constructed on the Property ONE THOUSAND DOIJJARS ($1,000) as its pro-rata share toward the construction of off-site transportation improvements. The donation by Applicant or its successors-in-interest, win be paid into an escrow account established by the Town for "Offsite Roadway Improvement Fund" for the specific purpose of financing construction of such transportation improvements. Any Town approved improvements to Route 15, other than turn lanes, acceleration and deceleration lanes, and signalization necessary for the southerly entrance to Route 15, which are constructed or paid for by the Applicant, or its successors-in-interest, shaU be given a direct dollar for dollar credit against contributions made to the "Off-site Roadway Improvement Fund" required pursuant to this Paragraph (4). Immediately prior to issuance of zoning permits, the Applicant, or its successors-in-interest, shall mRlre payments in the amount of FIFTY DOIJ.ARS ($50.00) per residential zoning permit to the Town as a donation to the fire and rescue facility providing service to the Property, which monies will be paid by the Town to the appropriate fire and rescue facility. Immediately prior to issuance of zoning permits for residential units developed on the Property, the Applicant, or its successors-in-interest, shall pay to the Town ONE HUNDRED DO~ ($100.00) for each residential unit, to be placed by the Town in a fund for the improvement of the Ida Lee Community Park. The Applicant or its successors-in-interest will donate to the Town, free and clear of all liens, title defects, and restrictive covenants, an area of land composed of appro~imRtely six acres, the location of which is more partic-lsrly designated on the Prelimirmry Development Plan as the "Public Facility Site". This six acre parcel of property will be conveyed to the Town for a fire, police, or public recreational use permissible under the Town PRN zoning cl~ssificatio~ Conveyance to the Town of the six acres of property will occur at the time of record plat approval of that portion of the Property which abuts the Public Facility Site. At the time of dedication of the Public Facility Site, Applicant will provide utilities and public road access to the Public Facility Site at the boundary of such property. The deed of conveyance to the Town will provide for retention by the Applicant, or its successor, of utility and/or drainage easements along and across the site which are reasonably necessary under good engineering practices to accommodate the development plans of the Applicant for the Property and which will not unreasonably affect the Public Facility Site uses described in this paragraph. All documents necessary for this conveyance will be in a form acceptable to the Town Attorney. On or before sale and conveyance of the 94th home constructed on the Property, Applicant, or its successors in interest, will design and provide to the Town all msterlsl.~ for construction of a community tot lot facility on the public recreation area of the Property -4- AN ORDINANCE: APPROVING A I~EVISED PRELIMINARY DEVELOPMENT PLAN AND PROFFER AMENDMENT FOR THE GREENWAY PRN shown on the Preliminary Development Plan. The design of the tot lot facility shall be approved by the Town Director of Parks and Recreation. The facility shall be similar in size and equipment to the ~tot-lot" facility constructed and mAi~ltained by the Town of I-IAmilton, SECTION HI. PASSED this This ordinance shall be effective upon its passage. 8th day of August .,1990. Robert E. Sevila, Mayor Town of Leesburg ATTEST: Clerk of Co~i~ O:Greenway. 120