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Home My Public Portal About1990_12_12_O042 Amending Linden Hill ZM 117eesourg in CVirginia ORDINANCE NO. AN ORDINANCE: PRESENTED December 12, 1990 90-0-42 ADOPTED December 12, 1990 AMENDING THE LINDEN HILL PLANNED RESIDENTIAL DEVELOPMENT #ZM-117FOR LINHAB DEVELOPMENT CORPORATION WHEREAS, an ordinance amendment to the Linden Hill Planned Development was initiated on February 27, 1990, and a joint public hearing was held on March 27, 1990; and WHEREAS, at the public hearing the applicant presented information indicating substantial changes to the approved concept plan for this planned development which had not been available on February 27, 1990; and WHEREAS, the Planning Commission held a public hearing on July 19, 1990, to consider the revised application; and WHEREAS, on October 25, 1990 the Planning Commission recommended conditional approval of this rezoning application; and WHEREAS, the Town Council held a public hearing on December 12, 1990 to consider this rezoning application; and WHEREAS, the proposed amendment is consistent with the Town Plan goals and policies for this property and is compatible with surrounding zoning and development; and WHEREAS, the rezoning request is in the interest of public necessity, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-117 Linden Hill PRN by Linhab Development Corporation is hereby approved and the Zoning District map is hereby amended to adopted the amended proffers and concept plan for the Linden Hill PKN, further described as Tax Map 48 Parcel 68, subject to the following conditions proffered in writing by the property owner on December 12, 1990, in accordance with the provisions of Section 15.1-49(a) of the 1950 Code of Virginia as amended: 1. Development Plan. The development of the subject property shall be in substantial conformity with the Rezoning #ZM-117/Concept Plan/Rezoning Plan dated August 23, 1990, and revised through November 29, 1990, prepared by Paciulli, Simmons & Associates, Ltd., "Concept Plan.* The swimming pool, pool house, and tennis courts which were shown on the Concept Plan/Preliminary Development Plan approved as part of #ZM-60 shall be eliminated. -2- AMENDING THE LINDEN HILL PLANNED RESIDENTIAL DEVELOPMENT #ZM-60 FOR LINHAB DEVELOPMENT CORPORATION Setback from Route 15. The Applicant agrees to maintain a 70-foot building setback from Route 15, and has constructed a barrier fence along the eastern property line in accordance with the original proffers for #ZM-60. Sidewalk and Frontage Improvements. The Applicant has constructed a deceleration lane in accordance with the original proffers for #ZM-60 and has extended curb and gutter along the eastern frontage of the property to the Country Club entrance. Buffer for Country Club and Greenway Property Lines. ao The Applicant or its successor in interest shall construct an eight-foot solid wood barrier fence along the northern property line adjacent to developed lots, connecting with the already constructed fence in Phase I and extending to the western terminus of the existing fence on lot 78 in the Country Club subdivision, as shown on the Concept Plan, to be bonded, constructed and completed as part of the Phase II improvements, and to maintain a minimum 20-foot building setback from these lots. The Applicant or its successor in interest shall install a split rail fence along the southern boundary line of lots 20 through 27, and a split rail fence or buffer of low evergreen shrubs along the balance of the southern property line. Contribution for Ida Lee Park. The Applicant or its successor in interest shall contribute to the Town of Leesburg a lump-sum payment of $10,000.00 to be applied toward improvements at the Ida Lee Park. Such payment shall be made prior to the receipt of the first zoning permit for a dwelling unit in Phase II, as identified on the Concept Plan. Thereafter, applicant shall contribute two hundred dollars ($200.00) to the Town prior to the issuance of a zoning permit for each unit to be constructed at Linden Hill, for the same purpose. Active Recreation/Trail System. The Applicant or its successor in interest shall construct to Town of Leesburg standards a concrete sidewalk as shown on the Concept Plan to be bonded, constructed and completed as part of the Phase II improvements. Applicant shall further provide a connection to the Greenway trail system between lots 27 and 28 as shown on the Concept Plan. The trail system shall be bonded, constructed and completed as part of the Phase II improvements. bo The Applicant or its successor in interest shall contribute $3,000.00 to the Town to be applied toward the construction of an off-site public trail to connect from the Linden Hill trail to the Greenway trail system as generally shown on the Concept Plan. Such payment shall be made prior to the receipt of the first zoning permit for a dwelling unit in Phase II. Co The Applicant or its successor in interest shall provide a nature walk which connects the lots to the open space on the western end of the property, to be approved by the Director of Parks and Recreation prior to final plat approval. The open space area shall be cleaned to make it accessible to the residents, and shall be maintained by the Linden Hill Homeowners' Association. Stormwater Detention. The Applicant has constructed an on-site stormwater management facility in connection with Phase I. Prior to the approval of Phase II construction drawings, the Applicant or its successor in interest shail submit calculations demonstrating compliance with the Town of Leesburg Stormwater Management Master Plan, and the Design and Construction Standards -3- AMENDING THE LINDEN B~.L PLANNED RESIDENTIAL DEVELOPMENT #ZM-60 FOR LINHAB DEVELOPMENT CORPORATION Manual. If these calculations establish that the facility will not be adequate to handle Phase II runoff, the Applicant will contribute to the Town a lump-sum payment in an amount equal to the cost of constructing a stormwater management pond on site to meet the requirements of the Stormwater Management Plan and Design and Construction Standards Manual. Said contribution to be made prior to the time of the issuance of the first zoning permit for Phase II. Tree Preservation. The Applicant has provided a tree preservation plan on the Concept Plan identifying and labelling specific trees to be preserved, with special but not exclusive attention to the linden trees and the mature wooded area along the rear of the site. If any of the trees so identified should be destroyed during construction, the Applicant or its successor in interest shall replace them in accordance with the provisions of the Design and Construction Standards Manual, prior to the release of the bond for Phase II improvements. Water Line. In order to protect the oak tree located within the existing water line easement on lot 77 of Country Club subdivision and to meet the requirement of Section 2-122(4)(H) of the Town of Leesburg Design and Construction Manual that a water line of more than 600' cannot end in a dead end, the Applicant or its successor in interest shall, in order to allow for the looping of the Linden Hill water system to the Greenway Farm water system, provide a stubout on the southern boundary with Greenway as shown on the Concept Plan. This stubout will be permitted by the Town, provided that adequate domestic and fire flow demands and pressures can be achieved on the Linden Hill system prior to connection to the Greenway system. In addition, the Applicant or its successor in interest shall post a cash escrow in the amount of $17,000.00 to be applied toward the completion of such connection, at the time of the issuance of the first zoning permit for Phase II. Upon the recordation of the record plat for Phase Il, Applicant or its successor in interest shall execute a deed relinquishing the rights to the water easement through lot 77 of the Country Club subdivision. 10. Architectural/Roofing Materials. The roofing materials for the units in Phase II shall be cedar shake, standing seam metal, or material of an equivalent quality. Chimneys shall be of masonry construction, which shall include stone, brick or stucco. The architectural design and materials for homes constructed in Phase Il shall be in general conformity with the Concept Plan, and of an architectural style compatible with the already constructed homes in Phase I; the materials shall include stucco, stone and wood siding. 11. Fire Marshal Requirements/Fire and Rescue Contribution. Applicant agrees to meet the Fire Marshal's requirements for the width of Linden Hill Way. Applicant or its successor in interest shall contribute $100.00 per dwelling unit to the Town prior to the issuance of a zoning permit for such dwelling, for fire and rescue services. 12. Homeowners' Association. A homeowner's association, with appropriate covenants, will be established with participation by each residential unit; said Association is to assume financial, 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. The Association's charter and accompanying documents shall be reviewed and approved by the Town Attorney before recordation. 13. Annexation Area Development Policies. The Applicant acknowledges that under the Annexation Area Development Policies (AADP's) agreed to between the Town and the County of Loudoun, once zoning permits are issued for 30 units, the Applicant or its successor in interest will be assessed a charge of $1,750.00 for each subsequent zoning permit, which represents the "excess development fee" amount, to be payable to the County of Loudoun, prior to the issuance of a zoning permit for any unit after the 30th unit. -4- AMENDING THE LINDEN HILL PLANNED RESIDENTIAL DEVELOPMENT #ZM-60 FOR LINHAB DEVELOPMENT CORPORATION 14. Escalation Clause. The monetary contributions set out in paragraphs 5, 6, 9 and 11 shall be subject to adjustment from the date of final rezoning approval at a rate equal to any increases in the Consumer Price Index (C.P.I.) from the date of final rezoning approval, as provided by the Director of Finance. In no event shall said contributions be reduced. SECTION II. Final plat and construction drawings are subject to the terms and conditions of the applicable subdivision and zoning ordinances as well as Town engineering and construction standards. Concept 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 approving this rezoning. This ordinance shall be effective upon its passage. ATTEST: 12th day of December , 1990. Robert E. Sevila, Mayor Town of Leesburg SECTION III. PASSED this Clerk of Council