HomeMy Public PortalAbout1994_10_11_O031The of
Leesburg,
7irginia
ORDINANCE NO.
94-0-31
PRESENTED October 11, 1994
ADOPTED October 11, 1994
AN ORDINANCE:
APPROVING REZONING APPLICATION #ZM-141 TO AMEND THE
EXISTING PROFFER/CONCEPT PLAN ESTABLISHED FOR #ZM-66
POTOMAC CROSSING IN LEESBURG BY ARCADIA DEVELOPMENT
COMPANY
WHEREAS, on September 13, 1994, the Town Council received and referred to the Planning
Commission an application for a proffer and concept plan amendment to the Potomac Crossing Planned
Residential Community (PRC); and
WHEREAS, on October 11, 1994, the Town Council and Planning Commission held a joint
public hearing to consider this application; and
WHEREAS, the Planning Commission recommended to Council approval of #ZM-141 Potomac
Crossing proffer and concept plan amendment following the joint public hearing; and
WHEREAS, the proffer and concept plan amendment substitutes a pedestrian-activated signal
and crosswalk for a pedestrian underpass, and modifies the setback requirements for elevated decks in
Sections 2 & 3 of the Potomac Crossing PRC; and
WHEREAS, this rezoning request is in the interest of public necessity, convenience, general
welfare and good zoning practice.
THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows:
SECTION I. Pursuant to Section 15.1-491(a) of the Code of Virginia (1950, as amended), the
property owners and applicant, for themselves and their successors or assigns (hereinafter collectively
referred to as the "Applicant~) proffer that the development of the property known as Potomac Crossing
in Leesburg, Virginia will be in accordance with the proffered conditions approved as part of rezoning
application ZM-66 and as amended by rezoning applications ZM-84 and 131 and as further amended
hereby, if and only if this application is granted. These amended proffered conditions, if accepted,
-2-
AN ORDINANCE AMENDING #ZM-141- POTOMAC CROSSING PROFFERS AND CONCEPT
PLAN
amend thc proffers existing for the property.
I. Proffer Number $ of the Proffers for Potomac Crossing PRC Rezoning Plan Number ZM-66 (as
such proffers may have been previously amended) regarding a pedestrian underpass shall be deleted.
Applicant agrees to substitute the following Proffer for current Proffer Number 5:
Applicant agrees to install a pedestrian-operated traffic control signal on Battlefield
Parkway at the intersection of Battlefield Partway and Shanks Evans Drive at such time
as Battlefield Parkway is constructed to four lanes through the intersection of Battlefield
Parkway and Shanks Evans Drive.
II. Applicant agrees to an amendment of Potomac Crossing PRC Rezoning Plan Number ZM-66
to allow encroachments into rear yard setbacks for decks in Sections 2 and 3, Potomac Crossing, as
follows:
An elevated deck, three (3) feet above grade or higher, can encroach a maximum of ten
(10) feet into the minimum required rear yard setback for all townhomes in Sections 2
and 3 and a maximum of five (5) feet into the required rear yard setback for all single-
family detached homes in Sections 2 and 3.
SECTION II.
SECTION III.
PASSED this
All other proffers not modified hereby shall remain in full force and effect.
This ordinance shall be effective upon its passage.
llth day of october ,1994.
~,,~f~ames E. Clem, Mayor Town of Leesburg
ATI~EST:
o:~m141 .PRO