HomeMy Public PortalAbout1991_01_08_O002~[,cesl~urg in q~irginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED January 8, 1991
91-0-2 ADOPTED January 8, 1991
APPROVING REZONINGAPPLICATION #ZM-12?LEESBURG GATEWAY BY
SYCOLINPARTNERSHIPANDAMENDINGTHEZONING DISTRICT MAP
WHEREAS, on November 14, 1990 the Town Council received and referred to the Planning
Commission an application for rezoning proffer amendments to allow multi fmnily development by special
exception in the B-2 zoning district on Lot 1 of the Gateway Subdivision located north of Gateway Drive;
and
WHEREAS, the incorporated proffers amend the previously approved proffers associated with
adopted rezoning application #ZM-28; and
WHEREAS, a joint public hearing was held on December 12, 1990 to consider the proposed proffer
amendments; and
WHEREAS, the Plarming Commission recommended conditional approval of this application on
January 3, 1991 following the public hearing;, and
WHERE,, this rezoning proffer amendment, request to allow additional multi-family development
by special exeeption is consistent and compatible with adjacent land use and zo~fin~, and
WHEREAS, this rezo~ing request is in the interest of public necessity, convenience and general
welfare:
THEREFORE, ORDAINED by the Ca)uncil of the Town of Leesburg in Virgixda as follows:
SECTION I. Rezoning application #ZM-127 Leesburg Gateway by Syeolin Partnership is hereby
approved and the Leesburg Zoning District Map is amended to adopt amended proffers for the b~lanee
of Leesburg Gateway Subdivision located north of Gateway Drive, comprised of 3.5 acres of land, subject
to the following conditions proffered in writing by the property owner on January 8, 1991, in accordance
with the provisions of Section 15.1-49(a) of the 1950 Code of Virginia, as amended:
l. The B-2 Zoned property comprised of approximately 3.5 acres, identified as LC'I~#48-S 3/1 will
be developed in general conformance with the Concept Plan developed by Rettew Associates, Inc.,
dated October 25, 1990. A maximum of 24 dwelling units will be developed on the property. A
pro-rata maintenance share of the Stormwater management pond on Lot 10 will be assigned as
-2-
APPROVING RF_~ZONING APPLICATION ~ZM-127 L~P~SBUR~ GATEWAY BY 8YCOLIN
PARWN~RSHIP AND AlVI~NDING TH~ ZONING DISTRICT MAP
successors in interest. To the extent practical, site grading will minimize 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-wood fence has been constructed and will
be maintained by the applicant or successors in interest between Silver Oaks and this 3.5 acre
Parcel on its Northern Side.
The general architectural scale and charter anticipated for this project shall be l~i~nilsr to the
architectural exterior elevations of the Townhouses submitted with this application and incorporated
herein and shall be equal to the residential character established by such developments as "Kings
Chase".
A Homeowner's Association, with appropriate covenants, will be established with participation by
each residential unit; said association is to assume £mancial, 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 an exteriors of the buildinge. The
A~ociation's charter and accompanying documents shall be reviewed and approved by the Town
Attorney before recordation.
The applicant, or it's successor in interest, prior to the issuance of a zoning permit for each new
dwelling unit on the property, shall mslre 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 Dollars ($400.00) per dwelling unit for pre-paid credits on
memberships at Ida Lee Park Recreation Center. In return for Ida Lee Park contributions, the first
accupants of said units shall receive a prepaid $400.00 ¢~edit towards a family membership to the
Ida Lee Park, for one year.
SECTION II. The proposed multi-family development shall be in general conforrrmnce with the
separately approved special exception application #SE-90-07 and the concept plan prepared by Rettew
Associates dated October 25, 1990 as revised January 8, 1991. Final plat and construction drawings are
subject to the terms and conditions of the applicable subdivision m~d zoning ordinance as well as town
engineering and construction standards. Also, rezoning concept plan approval does not express or imply
any waiver or modification of the requirements set forth. Housing density may be decreased below the
maximum approved if necessary to provide in general locations indicated, an public facilities and proffered
items to the appropriate town standards.
PASSED the 8th day of January , 1991.
AT ST: ·
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Robert E. Sevila, Mayor
Town of Leesburg