HomeMy Public PortalAbout1991_07_31_O032The Town of
Leesburg,
Virginia
ORDINANCE NO.
91-0-32
PRESENTED
ADOPTED
July 31, 1991
July 31, 1991
AN ORDINANCE:
APPROVING REZONING APPLICATION #ZM-130, AN AMENDMENT TO
PROFFER #13 OF THE PREVIOUSLY APPROVED REZONING APPLICA-
TION #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN MILLS
INVESTMENTS.
WHEREAS, on June 21, 1991 the representatives of Evergreen Mills Investments, the Stowers
family, and Sovran Bank requested that the town initiate consideration of an amendment to approved
rezoning proffer #13 regarding the Orchard Tract high school site to allow the option of providing non-
refundable residential pro rata cash contributions into a "School Site Acquisition Fund" in lieu of the
proffered 62-acre land dedication; and
WHEREAS, on June 25, 1991 the Town Council initiated the proposed proffer amendment,
referred the application to the Planning Commission and the Loudoun County School Board for
recommendation, and established a joint public hearing date; and
WHEREAS, on July 9, 1991 the Loudoun County School Board provided a recommendation to
the Town Council; and
WHEREAS, on July 23, 1991 the Leesburg Planning Commission and Town Council held a joint
public hearing to consider the proposed amendment; and
WHEREAS, on July 25, 1991 the Leesburg Planning Commission provided a recommendation
to the Town Council; and
WHEREAS, on July 31, 1991 the Leesburg Town Council held a special meeting to further
consider the proposed amendment; and
WHEREAS, the proposed amendment is deemed to be an equitable alternative to the existing,
adopted proffer #13, and is in the public interest to adopt:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning proffer amendment application #ZM-130 is hereby approved and Proffer
#13 of the voluntary conditions proffered in writing by Evergreen Mills Investments and approved as
part of the Stratford in Leesburg rezoning application #ZM-116 on September 26, 1990 by Town of
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Leesburg Ordinance No. 90-0-26 is hereby amended as follows:
(13)
The Applicant, or its successors-in-interest, agrees that it will contribute to the
acquisition of land for the purpose of a public school site by undertaking, at its
option~ the commitment contained in either paragraph (13)(A) or the commit-
ment contained in paragraph (13)(B).
(A).
The Applicant, or its successors-in-interest, agrees that it will
convey, free and clear of all liens, in fee simple to the Town a
parcel of land composed of approximately 62 acres located and
fronting on the west side of Route 621 (Loudoun County Tax
Map 60, Parcel 1) which is known as the "Orchard Tract." The
Applicant, or its successors-in-interest, will convey the Orchard
Tract to the Town no later than September 26, 1994. The
Orchard Tract is not currently served by public sewer and
water. In the event that the Loudoun County School Board
acquires title to the Orchard Tract for the purposes of a school
site, and if by the time construction of a school has been
commenced there is neither public sewer nor public water
available to the Orchard Tract, then the Applicant or its
successors-in-interest, agrees to (1) extend public water and
sewer lines to the nearest boundary of the Orchard Tract; or (2)
provide monies necessary to accomplish such extension of sewer
and water service to the nearest boundary of the Orchard Tract,
providing that there is a pro-rata reimbursement agreement in
place which will provide for monetary reimbursements to the
Applicant, or its successors-in-interest, from private
developments benefiting from said extension. This pro-rata
reimbursement will be based on the linear front footage for
sewer and on projected daily gallon usage for water.
OR
(B).
The Applicant, or its successors-in-interest, agrees to contribute
up to the aggregate sum of Six Hundred Thousand Seven
Hundred Eight Dollars ($600,708.00) (based on a prqiectlon of
1,329 residential units), under the terms and conditions stated
hereinafter, as its pro-rata share toward the acquisition of a
school site serving the children of residents of the greater
Leesburg area and the Property.. This donation shall be in the
form of non-refundable cash contributions, which shall be paid
into an account established by the Town (referred to hereinafter
as the "School Site Acquisition Fund"). The Applicant, or its
successors-in-interest, shall make such payments to the Town
immediately prior to issuance of each zoning permit in the
amount of Four Hundred Fifty-Two Dollars ($452.00) for every
residential zoning permit issued up to and until the
aforementioned Six Hundred Thousand Seven Hundred Eight
Dollars ($600,708.00) aggregate sum is reached. If the
Applicant, or its successors-in-interest, acquires and conveys the
Orchard Tract referred to in paragraph (13)(A) prior to
September 26, 1994, and complies with the provision of
paragraph (13)(A) relating to the extension of sewer, any monies
paid into the School Site Acquisition Fund will be returned to
the party who complied with paragraph (13)(A).
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SECTION II. All monetary contributions stated above shall be subject to adjustment from the
date of final rezoning amendment approval at a rate equal to any fluctuations in the Consumer Price
Index (C.P.I.) from the date of final rezoning amendment approval for #ZM-130. Further, in accord
with Mr. Moran's representation on July 31, 1991, regarding the anticipated foreclosure sale of the
property known as the Orchard Tract (LCTM 60-1), EMI hereby represents to the Town of Leesburg
that, in the event EMI, receives any proceeds from such sale which exceed the debt owned by EMI,
EMI will give such excess proceeds to the Town of Leesburg for inclusion into the school site
Acquisition Trust Fund contemplated by ZM-130.
SECTION III. This Ordinance shall be effective upon its passage.
PASSED this 31st day of July, 1991.
ATTEST:
Clerk of Council
Robert E. Sevila, Mayor
Town of Leesburg
O:strato
August 2, 1991
The Honorable Robert E. Sevila, Mayor
Town of Leesburg in Virginia
25 West Market Street
Leesburg, Virginia 22075
Re:
Stratford in Leasburg (#ZM-130)
Clarification of Proffers Dated July 23, 1991
Dear Mayor gevila and Honorable Members of
the Town Council:
On July 31, 1991, Mr. Edward Finnegan, representing the
Stowers family, and Mr. Willlam Moran, on behalf of Evergreen Mills
Investments, Inc. (EMI), addressed the Leesburg Town Councll and
clarified for the record certain beliefs regarding thc ~roffers
dated July 23, 1991, and submitt=d, i~ fully executed fsshion, to
the Town prior to the Joint public hearing.
The purpose of this letter is to conftrm this clarification in
writing and to provlde the Town with evidence that the land owner
of the Stratford property, EMI, concurs with the clarification
statements.
By this letter, the party signatory to the Proffers dated July
23, 1991, hereby clarifies the proffer regarding a Loudoun County
school site as follows:
1. Paragraph 2 of the July 23, 1991, Proffers is hereby
clarified and confirmed in accord with Section II of the Ordinance
Approving Rezoninq Application ~ZM-130 as follows:
In regard to the language specified in Proffer Number
(the I'ca~h payment option-), th~ per unit contribution
$4~2.00 per unit instead of $400.00 per unit and the aggregate
~um figure is $600,708.00 instead of $5~1,600.00. Thi~
monetary contribution is to be adjusted from the date of final
rezoning approval (July 31, 1991) for ZM-130 at a rate equal
to any fluctuations in the Consumer Price Inde~ {C.P.I.)
08/02/91 16:50 ~' 703 734 0322 N V LAND ~ 03
The Honorable Robert E. ~ewila, Mayor
August 2, 1991
Page Two
Further, in accord w~th Mr. Moran's representation on July 31,
1991, regarding the anticipated'foreclosure sale of the property
known as the orchard Tract (LCTM 60-1), ~MI ~ereby represents to
the Town of Leesburg that, in the event F2~I, receives any proceeds
from such sale which exceed the deD~ owned by EMI, EMI will give
such excess proceeds to the Town of Leesburg for inclusion into the
School site Acquisition Trust Fund contemplated by ZM-130.
Thank you for your consideration and decision on this matter.
Very truly yours,
Evergreen Mills Investment, Inc., a
Virginia General PartnershiD
STATE OF .... ~ ~ ~ Ic~o,
I HBREBY C~RTIFY that on this Znd day of August, 1991,
before me, the subscriber, a Notary Public of the State aforesaid,
in and for the 9urisdlction aforesaid, personally apgeared Dwight
C. Schar, did aCKnowledge that he executed the foregoing
instrument for the purposes therein contained.
AS WITNESS my hand and Notarial Seal.
My Commission Expires:3-31-91
Notary Public