HomeMy Public PortalAbout1991_04_23_O014 Rezoning ZM 114 GeorgelasThe Town of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED April 23, 1991
91-0-14 ADOPTED April 23, 1991
APPROVING REZONING APPLICATION #ZM-114 BY GEORGELAS AND SONS,
INC.
and
WHEREAS, the applicant submitted revised proffers to address the concerns of the Council; and
WHEREAS, on April 23, 1991, a second public hearing was held by the Council; and
WHEREAS, it is now determined that this 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-114 by Georgelas and Sons Inc. is hereby approved and
the Leesburg Zoning District Map is amended to change from R-1 to R-4 with proffers, 71.8 acres of land
located north of Fairview subdivision and west of Andover Meadow subdivision as drawn on the concept
plan drawn by Paciulli Simmons and Associates, Ltd. revised June 14, 1990; subject to the following
WHEREAS, on November 28, 1989, the Council received rezoning application #ZM-114 by Georgelas
and Sons, Inc., to rezone a 71.8 acre parcel of land located north of the Fairview subdivision and west
of Andover Meadow Subdivision consisting of Parcels A, B and C and excluding Parcels D and E as shown
on the concept plan drawn by Paciulli, Simmons and Associates, Ltd., revised June 14, 1990; from R-1
to R-4 with proffers and referred the application to the Planning Commission for public hearing and
recommendation; and
WHEREAS, on January 27, 1990, the Planning Commission held a public hearing on this application;
and
WHEREAS, on February 2, 1990, the Planning Commission recommended denial of this rezoning
application to the Council; and
WHEREAS, on May 8, 1990, the Town Council held a public hearing on this application; and
WHEREAS, on August 8, 1990, this application was denied by the Council; and
WHE~, in September, 1990, due to the denial, the applicant filed suit against the Town and Council;
APPROVING REZONING #ZM-114 BY GEORGELAS AND SONS, INC.
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conditions proffered in writing by the property owner on April 23, 1991 in accordance with the provision
of Section 15.1-491(a) of the 1950 Code of Virginia as amended:
The applicant agrees to limit any development on this parcel to 144 single family lots, no less than
85 percent of which shall have a minimum lot size of 12,000 square feet and the remaining 15 percent
of which shall have a minimum lot size of 10,000 square feet.
The applicant agrees that any development on this parcel shall be substantially in accordance with
the Concept Plan prepared by Paciulli, Simmons & Associates and dated June 14, 1990 which is
submitted herewith and incorporated herein as if fully replicated within this document.
The applicant will, at his own expense, construct Fairview Street through the subject property as
a collector road, as generally depicted on the Concept Plan from Old Waterford Road to existing
Fairview Street. subject to the provisions of proffer number 4 immediately following.
The applicant will provide a 70-foot dedicated right-of-way, free and clear of any and all liens or
encumbrances to the Town in a form approved by the Town Attorney. Dedication of the right-of-
way shall occur at time of recordation of the subdivision plat. The applicant shall build Falrview
Street as a Local Collector, with a 38-foot pavement width, curbface to curbface, throughout the
length of Fairview on applicant's parcel (approximately 2,000 feet) and will construct same according
to applicable Town Design and Construction Standards and any applicable Virginia Department of
Transportation standards or regulations. The applicant agrees to complete the base coat pavement
on Fairview prior to and as a condition of the Town's issuance of the 72nd zoning permit requested
for the 72nd building lot within the parcel.
Homes on the subject property shall not face on, nor driveways open on Fairview Street. Applicant
agrees to provide a 20-foot wide restricted use easement in the yards of lots backing on the southeastern
side of Falrview Street as shown on the Concept Plan. The easement will be in a form submitted
to the Town Attorney for approval and said easement shall be dedicated at the time of recordation
of the subdivision plat. Applicant shah create a landscaped earthen berm upon this restricted use
easement. No construction or structures of any nature shall be allowed upon this setback area
except those necessary to provide entry features or monuments of the subdivision, landscaping, and
any necessary underground utilities. Additionally, the applicant shall provide in the covenants governing
this subdivision a restriction prohibiting any fencing in this easement and further prohibiting any
fence which is not a standard maximum height 6-foot vertical "board on board" design for the entire
distance along and parallel to Falrview Street. No fence shall be approved by the Homeowner's Association
contemplated herein which is not consistent with the goal of a continuous, natural wood, board on
board design of the same height, color, and material parallel to and throughout the length of Falrview
Street" as depicted on the approved Concept Plan.
A two (2) foot No-Access easement shall be created within the lotlines abutting Falrview Street,
on Lots 1, 34 through 46, 61, 101, 102, 129, 130 and 144 as depicted on the Concept Plan. Said easement
shall prohibit without exception the use or construction of any ingress/egress points from Falrview
Street other than for Town or utility maintenance, emergency, or temporary Town or utility construction
needs. The easement will be in a form submitted to the Town Attorney for approval and said easement
will be dedicated at time of recordation of the subdivision plat.
Applicant shall provide ingress/egress locations on Fairview, subject to the Town's requirements and
engineering review, to serve the Loudoun Country Day School. Construction of said ingress/egress
locations to occur concurrent with Falrview Street construction.
APPROVING REZONING #ZM-114 BY GEORGELAS AND SONS, INC.
The submitted Concept Plan demonstrates a boundary-line adjustment with the Loudoun Country
Day School in an effort to accommodate the School's future expansion plans, its parking and recreational
facilities. All such property obtained by Georgelas shall be included in the rezoning of this property
by designation on the official Zoning Map. Any reconfignration of the boundary-line adjustment
shall be substantially in accordance with the approved Concept Plan.
Applicant shall install an 8-foot wide asphalt bicycle/pedestrian trail along the north side of Fairview
Street through the subject property as generally shown on the Concept Plan submitted herewith and
incorporated herein. Said trail shall be constructed in accordance with applicable Town Design and
Construction Standards. Applicant shall substantially complete said trail and shall dedicate same
to the Town of Leesburg concurrent with completion of Fairview Street.
10.
No homes shall front, nor residential driveways open, on Old Waterford Road. A 50-foot wide scenic
setback line shall be provided as generally depicted on the Concept Plan, and any subsequent subdivision
plat, along Old Waterford Road opposite Morven Park and the Virginia Equine Center, in recognition
of the scenic and historic quality of the public and private centers located to the east of Old Waterford
Road. These areas may be used to provide stormwater management and other public and common
facilities or utilities. No construction or structures of any nature shall be allowed upon this setback
area except those necessary to provide the Town the Stormwater Management facilities, bicycle/pedestrian
trail, entry features or monuments of the subdivision, a Sanitary Pumping Station, ingress/egress
and ancillary fencing as required by the Town for the pumping station, any recreational fields, trees
as shown on the Concept Plan submitted herewith, and any necessary underground utilities.
11.
The applicant shall provide a 50-foot wide access easement in the rear of Lots 23, 24, 25, 32, and
33 as generally shown on the Concept Plan. The easement will be in a form submitted to the Town
Attorney for approval and said easement will be dedicated at time of recordation of the subdivision
plat approval. Said easement shall be for the purpose of providing an emergency vehicular access
connection between the end points of Pershing Avenue and Wilson Avenue to be constructed by the
Town at such time as the Town deems necessary. Applicant further agrees that it will not seek through
connections from either Pershing or Wilson Avenues.
12.
The applicant agrees to construct and dedicate an asphalt ingress and egress of 12 feet in width to
serve the pumping station from the existing pavement of Old Waterford Road as shown on the Concept
Plan subject to the standards of the Town of Leesburg and the Virginia Department of Transportation.
The easement will be in a form submitted to the Town Attorney for approval and said easement will
be dedicated at time of recordation of the subdivision plat.
13.
In order to preserve existing vegetation, trees and rock features, where feasible, the Town and applicant
agree that the development shall be in accordance with the attached Concept Plan and the Tree
Preservation Plan including two (2) foot topography and fifteen (15) to twenty-five (25) percent slopes
which shall be subject to review and approval of the Town Land Development Official. Mature trees
(18" diameter) and slopes in excess of fifteen percent may be removed or modified only as necessary
to accommodate site construction, access, utility service and creation of usable lots and yards for proposed
dwellings. Slopes in excess of 25 percent shall be preserved.
14.
Stormwater management will be provided as specified in the Town Design and Construction Standards
Manual and in the Town's Stormwater Management Master Plan as generally shown on the Concept
Plan.
15.
In the case of potential wetlands, as designated by the Corps of Engineers or other entity with oversight
responsibility for Wetlands, applicant will obtain all necessary permits from said agencies and provide
all necessary applications and/or information to any such federal or state agencies prior to disturbance
of same. Further, applicant agrees to comply with all sections of the Federal Clean Water Act concerning
wetlands and shall furnish proof of compliance to the Town Department of Engineering and Public
Works prior to disturbance of such areas. The applicant will establish a conservation easement, as
depicted on the attached concept plan, to prohibit future construction within said conservation easement.
The conservation easement will remain in its natural state excepting any utility or road construction
deemed necessary during the engineering phase of the subdivision. The easement will be in a form
submitted to the Town Attorney for approval and said easement will be dedicated at time of recordation
of the subdivision plat.
APPROVING REZONING #ZM-114 BY GEORGELAS AND SONS, INC.
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22.
The Applicant recognizes that an existing off-site 8-inch sewer line, located between existing manhole
number 230045 and existing manhole number 230046, may be inadequate to serve all 144 lots in
the proposed subdivision. In the event that final engineering confirms the 8-inch line to be inadequate,
the applicant will re-route the necessary flow or replace the existing 8-inch line with a line of adequate
size prior to issuance of the 79th zoning permit.
If at the time of final plat approval any section(s) of the subdivision does not meet the fire flow
requirement of the Virginia Department of Health and Town of Leesburg, the applicant agrees to
provide required water pressure by construction of a water booster pump or other acceptable measure
including but not limited to providing an 8-inch watermain connection from the subdivision to the
watermain stubs at Pershing and Wilson Avenues adjacent to the subdivision; in the event that this
item is deemed desirable by the Town, applicant shall complete the said connection along with its
normal construction phasing in the adjacent cul-de-sacs of the subdivision roughly as shown on the
attached Exhibit "A". The Town shall supply the Applicant with any necessary easements.
The applicant shall pay to the Town the sum of $100 per lot as a contribution for the benefit of fire
and rescue services serving the Town of Leesburg, all such funds to be used in the sole discretion
of the Town of Leesburg. Said funds shall be paid to the Town prior to and as a condition of the
Town's issuance of any zoning permit for each lot.
The applicant shall pay to the Town the sum of $250 per lot for the benefit of Ida Lee Park, all such
funds to be used in the sole discretion of the Town of Leesburg. Said funds shall be paid to the Town
prior to and as a condition of the Town's issuance of any zoning permit for each lot.
The applicant shall contribute to the Town of Leesburg, for use by the Town to provide transportation
improvements to adjacent neighborhoods, the sum of $2,777.77 per lot, up to a total of $400,000.00
for off-site traffic and road improvements, including but not limited to Fairview Street, Pershing and
Wilson Avenues, and off-site traffic control signals. Said funds shall be paid to the town prior to
and as a condition of the Town's issuance of any zoning permit for each lot. In consideration thereof,
the Town shall not require any further off-site traffic improvements, other than as set forth herein,
in connection with the review and approval of any subdivision plan generally in conformance with
the Concept Plan submitted herewith. However, in order to further preserve the scenic rural character
of Old Waterford Road, the applicant shall provide no further improvements to Old Waterford Road.
The applicant shall, in lieu of improvements to Old Waterford Road and in addition to the 50-foot
scenic setback shown on the Concept Plan, dedicate to the Town, in fee simple and free of encumbrances,
a parcel to total 25 feet in width as measured from centerline of existing pavement for right-of-way,
along the entire Old Waterford Road frontage of the property approximately, 1000 feet. The easement
will be in a form submitted to the Town Attorney for approval and said easement will be dedicated
at time of recordation of the subdivision plat.
In order to eliminate potential house orientation problems on corner lots, where the rear of any corner
lot house is oriented toward a side yard, the applicant agrees to provide the 20-foot rear yard setback
in lieu of the required 10-foot setback on Lots 1, 11, 12, 20,21, 28,29,38,39, 46, 47, 48, 53, 61, 69,
101, 102, 105, 112, 116, 129, 130 and 144, as set forth on the approved Concept Plan. The Restrictive
Covenants referenced in Proffer number 22 will govern housing orientation as referenced herein.
When a final subdivision plat has been approved Applicant shah establish a Homeowner's Association
composed of an owners of residential lots on the property, with adequate insurance, fiscal requirements
and procedures with the responsibility to maintain an common grounds or community facilities
within the subdivision created under the Town's Subdivision and Land Development Regulations.
As required by the Zoning Ordinance of the Town of Leesburg, said Association shall exist as a bona
fide corporation at law required by covenants of record among the land records of the County of
Loudoun to assess annual dues from its members and maintain said common grounds and facilities,
including but not limited to, an those such items as shown on the Concept Plan. Establishment of
the Homeowners Association, Declarations of Covenants and Restrictions, and dedications pertaining
to the Homeowners Association shall be subject to approval by the Town Attorney. In the event
the Homeowners Association ceases to exist, common open space areas will revert to the Town of
Leesburg.
APPROVING REZONING #ZM-114 BY GEORGELAS AND SONS, INC. 5
23.
The applicant agrees to incorporate the following architectural materials and or specifications into
the design of the homes: (a) fireplace chimneys shall be masonry or brick veneer, (b) no less than
30 percent of the homes shall have front facades of brick, (c) no home shall have a front facade constructed
of aluminum siding, (d) roof materials shall consist of heavyweight textured composite shingles, cedar
shakes, metal or other natural materials, (e) each single-family home shall have a minimum finished
square footage of not less than 2200 square feet. These materials and specifications will be included
in the restrictive covenants referenced in Proffer number 22.
24.
Applicant acknowledges that the final plat and construction drawings are subject to the terms and
conditions of the applicable subdivision and zoning ordinance as well as Town engineering and construction
standards. Applicant also acknowledges that the Concept Plan approval does not express or imply
any waiver or modification of the requirements set forth except as specifically cited by the motion
for approval of this rezoning. 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.
25.
On the second and any subsequent anniversary dates following approval of #ZM-114 by the Town
of Leesburg all monetary contributions referenced in Proffer number 18, 19, and 20 shall be adjusted,
increased or decreased, in accordance with the Consumer Price Index (CPI).
SECTION II. This Ordinance shall be in effect upon its passage.
PASSED this 23rd day of April, 1991.
ATTEST:
Robert E. Sevila, Mayor
Town of Leesburg
O::ZM-114