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HomeMy Public PortalAbout1990_09_26_O027L.,..:~£ gcsDurg in CVirginia ORDINANCE NO. AN ORDINANCE: PRESENTED September 26, 1990 90-0-27 ADOPTED September 26, 1990 APPROVING THEREMONINGAPPLICATION #ZM-122LEESBURG GATEWAY BY SYCOTJNPARTNERSHIPANDAMENDINGTHEZONING DISTRICT MAP WHEREAS, on June 27, 1990 the Town Council received and referred to the Planning CommL~ion an application for rezoning proffer amendments to anow multi-f~mily development by special exception in the B-2 zoning district on the remaiuing acreage of the Gateway Subdivision located south of Gateway Drive; and WHEREAS, the incorporated proffers amend the previously approved proffers associated with adopted rezoning application #ZM-28; and WHEREAS, the Planning CommL~ion held a public hearing on July 26, 1990 to consider the proposed proffer amendments; and WHE~, the Plarming Commission recommended cond/tionai approval of this application on July 26, 1990 following the public hearing;, and WHEREAS, the Town Council held a public hearing on September 12, 1990 to consider this application; and WHEREAS, this rezoning proffer amendment request to allow additional multi-family development by special exception is consistent and compatible with adjacent land use and zoning, and WHEREAS, this rezoning request is in the interest of public necessity, convenience and general welfare: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-122 Leesburg Gateway by Sycolin Partnership is hereby approved and the Leesburg Zoning District Map is amended to adopt amended proffers for the b~lauce of Leesburg Gateway Subdivision located south of Gateway Drive, comprised of 19.8 acres, and further described as Tax Map 48S, Parcels 6B, 7, 8, 9B, and 9C, subject to the following conditions proffered in -2- AN ORDINANCE: APPROVING REZONING APPLICATION #ZM-122 LEESBURG GATEWAY writing by the property owner on September 19, 1990, in accordance with the provisions of Section 15.1- 49(a) of the 1950 Cede of Virginia, as ~mended: The B-2 zoned property comprised of approximately 19.3 acres will be in general conformance with the Concept Plan developed by Dewberry and Davis, P.C., dated June 7, 1990, as revised July 23, 1990. A maximum of 268 dwelling units will be developed on the property. Environmental controls, such as a pro-rata maintenance share of the stormwater mansgement pond will be established. To the extent practical, site grading will mi~imi~.e the differential topography between these units and proposed units on the adjacent parcels. In addition to the buffering and landscaping required by Ordinance, a 6-foot high wood-on-woed fence will be constructed by the property owner or successors in interest between the two Multi-FAmily Condo apartment projects and adjacent properties on both the east and west sides at time of 50% occupancy. The typical architectural exterior elevations of the residential units submitted with this application shall be equal to the residential character established by such developments as "Brookmeade" for the 156 Garden Style units. Exterior materials of construction for the 156 Garden Style units will be a mixture of siding on the rear and architectural brick on the front and side elevations. Brick fronts and sides shall apply to the "Garden Style" units only and shall not be applicable to units designed as "Townhouse Style". At the fding of the development site plans, exterior elevations shall separately be filed and reviewed by the Land Development Official within three (3) working days. The standard of review shall be the previously submitted elevations which are filed with this revised proffer, Exhibits A & B, which shall equal or exceed the other developments set as standards in the above paragraph (2). A Homeowner's Association, with appropriate covenants, will be established with participation by each residential unit; said association is to assume £wancial, legal and insurance responsibility for common areas which shall include recreational, landscaping, parking, fencing and other physical improvements that will not be dedicated to the Town of Leesburg. In addition, the Homeowner's Association shall be responsible for the maintenance of all exteriors of the buildings as well as the interior common areas. The Association's charter and accompanying documents shall be reviewed and approved by the Town Attorney before recordation. The builder, prior to the issuance of zoning permits for each new dwelling unit on the property, shall maire a non-refundable cash contribution to the Town of Leesburg, of One Hundred and no/100 Dollars ($100.00) per dwelling unit for the fire and rescue and Four Hundred and no/100 ($400.00) per dwelling unit for pre-paid credits on memberships at Ida Lee Park for each dwelling unit constructed on the property. In return for Ida Lee Park contributions, the first occupants of said units shall receive a free, prepaid family membership to Ida Lee Park, for one year. SECTION H. The proposed multi-family development shall be in general conformance with the separately approved special exception application #SE-90-04 and the concept plan prepared by Dewberry and Davis dated June 7, 1990 as revised July 23, 1990. Final plat and construction drawings are subject to the terms and conditions of the applicable subdivision and zoning ordinance as well as town engineering -3- AN ORDINANCE: APPROVING EEZONING APPLICATION #ZM-122 LEESBURG GATEWAY and construction standards. Also, rezoning concept plan approved does not express or imply any waiver or modification of the requirements set forth. Housing density may be decreased below the ms,imm approved if necessary to provide in general locations indicated, all public facilities and proffered items to the appropriate town standards. PASSED this 26th day of ATTEST: Clerk of C~?~cil O:ZM-i~.~ September ,1990. Robert E. Sevila, Mayor Town of Leesburg