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HomeMy Public PortalAbout1992_11_24_O042 ZM 135 Leesburg GatewayThe Town of es.bu.rg, rg ma ORDINANCE NO. AN ORDINANCE: PRESENTED November 24, 1992 92-0-42 ADOPTED November 24, 1992 APPROVING REZONING APPLICATION #ZM-135 LEESBURG GATEWAY BY SYCOLIN PARTNERSHIP AND AMENDING THE ZONING DISTRICT MAP WHEREAS, on July 14, 1992, the Town Council received and referred to the Planning Commission an application to rezone a 10.767 parcel of land located in the Gateway Subdivision, further identified as Loudoun County Tax iMap 48S, Block 3, Parcel 9C-2, fi'om B-2 to R-16 with proffers; and WHEREAS, the incorporated proffers amend the previously approved proffers associated with adopted rezoning application #ZM-122; and WHEREAS, on September 17, 1992, the Planning Commission held a public hearing on this application; and WHEREAS, on October 1, application to Council;, and and 1992, the Planning Commission recommended approval of this WHEREAS, on November 10, 1992, the Council held a public hearing to consider this application; WHEREAS, this rezoning and proffer amendment will permit single-family attached dwelling units which is consistent and compatible with adjacent land use, zoning and the Town Plan; and WHEREAS, this 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-135 Leesburg Gateway is hereby approved and the Leesburg Zoning District Map is amended to change from B-2 to R-16, 10.767 acres of land within the Gateway Subdivision and fm~ther identified as Loudoun County Tax Map 48S, Block 3, Parcel 9C-2, as shown on the rezoning exhibit by Rettew Associates, Inc., dated June 25, 1992 subject to the following -2- APPROVING REZONING APPLICATION #ZM-135 LEESBURG PARTNERSHIP AND AMENDING THE ZONING DISTRICT MAP GATEWAY BY SYCOLIN conditions proffered in writing by the property owner on November 17, 1992, in accordance with the provisions of Section 15.1-491(a) of the 1950 Code of Virginia, as amended. Pursuant to Section 15.1-491 of the Code of Virginia and Section 13A-12 of the Leesburg Zoning Ordinance, the owners as identified on the rezoning plat/exhibit plan of the land of Sycolin Partnership, prepared by Re~tew Associates, Inc., dated June 25, 1992, do hereby make the following voluntary amendment to proffers contingent upon the approval of the rezoning #ZM-135 to R-16, as described in the aforementioned rezoning plat. (1) Development of the property comprised of approximately 10.76 acres will be developed in general conformance with the concept plan developed by Dewberry & Davis, P.C., dated July 23, 1990, as revised by Rettew July 1, 1991. A maximum of 108 dwelling units will be developed on the property. Environmental controls, such as a pro-rata maintenance share of the stormwater management pond will be established in a form approved by the Town Attorney. To the extent practical, site grading will minimize the differential topography between these units and proposed units on the adjacent parcels. (2) The general architectural style anticipated for this project shall be similar 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 "King's Chase", "Exeter", and "Kincaid Forest". (3) A Homeowners' 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. Said property will be transferred to the Town of Leesburg if it ceases to be used by the HOA. (4) The owner, prior to the issuance of zoning permits for each unit constructed on the property, shall make a non-refundable cash contribution to the Town of Leesburg, of One Hundred and no/100 Dollars ($100) per dwelling unit for the Fire and Rescue Services serving and units, and Two Hundred and no/100 Dollars ($200) per dwelling unit for Parks and Recreation. This proffer statement constitutes the latest statement, and all prior versions are hereby void. -3- APPROVING REZONING APPLICATION #ZM-135 LEESBURG PARTNERSHIP AND AMENDING THE ZONING DISTRICT MAP GATEWAY BY SYCOLIN SECTION II. Subdivision plat and construction drawings are subject to the terms and conditions of the applicable Subdivision and Land Development Regulations and Zoning Ordinance as well as Town Design and Construction Standards Manual. Also, rezoning concept plan approval does not express or imply any waiver or modification of any requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations, or the Zoning Ordinance except as specifically set forth in this ordinance. SECTION III. PASSED this This ordinance shall be effective upon its passage. 24th day of November , 1992. ATTEST: Clerk of Counc~- J/mes E. Clem, Mayor Town of Leesburg O:ZM135.ORD