HomeMy Public PortalAbout1995_08_08_O021 ZM 145 Edwards Landing The Town of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
SUBSTITUTE
PRESENTED August 8~ 1995
95-0-21 ADOPTED August 8, 1995
APPROVING REZONING APPLICATION #ZM-145 TO AMEND THE
EXISTING PROFFER/CONCEPT PLAN ESTABLISHED FOR #ZM-109
EDWARDS LANDING PRN IN LEESBURG BY RVB-PINNACLE RYAN,
INC. AND THE TOWN OF LEESBURG
WHEREAS, on January 8, 1991, the Town Council amended the zoning district map and
approved rezoning application #ZM-109 Edwards Landing, with proffers; and
WHEREAS, on October 28, 1994 a Preliminary Subdivision Plat was submitted to the town for
Edwards Landing by U.S. Home; and
WHEREAS, during the staff review of the Preliminary Subdivision Plat for Edwards Landing,
certain Civil War era earthworks were discovered on the property at the location of the proferred active
recreation area; and
WHEREAS, staff requested that the applicant preserve these important Civil War era
earthworks; and
WHEREAS, on April 4, 1995 rezoning application #ZM-145 Edwards Landing Concept Plan
and Proffer Amendment were submitted to relocate the proffered active recreation area interior to the
site in order to preserve the Civil War era earthworks discovered on the site; and
WHEREAS, a joint Town Council/Planning Commission public hearing was held on June 27,
1995; and
WHEREAS, following the joint public hearing Council sent a resolution to the Loudoun Board
of Supervisors supporting an amendment to an existing Open Space Easement; and
WHEREAS, on July 19, 1995 the Loudoun County Board of Supervisors approved the request
to amend the Open Space Easement; and
WHEREAS, on July 20, 1995 the Planning Commission recommended approval of #ZM-145
concept plan and proffer amendment while deferring discussion of the requested variation; and
AN ORDINANCE AMENDING #ZM-145 EDWARDS LANDING PRN
PROFFERS
CONCEPT PLAN AND
WHEREAS, on August 1, 1995 the Planning and Zoning Committee of the Town Council
determined to withhold further discussion of the concept plan until the Planning Commission completed
a review of the variation request; and
WHEREAS, on August 3, 1995 the applicant withdrew the variation request to allow up to 49
single-family attached lots on a common parking court; and
WHEREAS, on August 3, 1995 the Planning Commission approved the variation request to
permit up to 38 single-family attached lots on a common parking court on SFA land bay identified as
Phase 4; and
WHEREAS, the 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-145 Edwards Landing Proffer/Concept Plan
amendment by RVB-Pinnacle Ryan, Inc., a Virginia Corporation and the Town of Leesburg is hereby
approved.
Pursuant to Sections 15.1-491(a) and 15.1-491.2 of the Code of Virginia (1994, Cumulative
Supplement) and Section 13A-12 of the Zoning Ordinance of the Town of Leesburg in Virginia (1990),
RVB-Pinnacle Ryan Inc., a Virginia corporation (the "Applicant"), the record title owner of
approximately 122.9 acres of real property described on Exhibit "A" attached hereto (the "Subject
Property") which is part of the 154.59 acres of real property described as Loudoun County Tax Map
Parcels 49-1F, 49-1H, 4911, and 49-1, and the Town of Leesburg in the Commonwealth of Virginia (the
"Town") the record title owner of 31.63 acres of real property described on Exhibit "B" attached hereto
(the "Town Parcel") which is the balance of the 154.59 acre parcel of real property described above,
hereby proffer that, in the event that the Leesburg Town Council approves the Conceptual Development
AN ORDINANCE AMENDING #ZM-14$ EDWARDS LANDING PRN
PROFFERS
CONCEPT PLAN AND
Plan for Edwards Landing prepared by Dewberry & Davis, dated June 27, 1995, as revised August 3,
1995, and attached hereto as Exhibit "C" (the "Conceptual Development Plan") proposing development
of up to 407 residential dwelling units on the Subject Property, development of the Subject Property shall
take place in substantial conformance with the Conceptual Development Plan and Concept Plan for the
Subject Property by Patton, Harris, Rust & Associates approved January 8, 1991, and consisting of sixteen
sheets (Patton, Harris, Rust & Associates Concept Plan) and with the proffered conditions listed below.
Except as modified by the Conceptual Development Plan attached hereto as Exhibit C, the Patton,
Harris, Rust & Associates Concept Plan shall remain in full force and effect and both thc Conceptual
Development Plan and the Patton, Harris, Rust & Associates Concept Plan shall be referred to
hereinafter as the Concept Development Plan.
The Applicant shall dedicate approximately fifty-five feet (55') of right-of-way north of
the existing centerline of Edwards Ferry Road, possessing sufficient width to
accommodate construction of a one-half section of a four-lane divided road section
thereon, along the Edwards Ferry Road frontage of the Subject Property possessing
approximately one thousand two hundred feet (1,200') in length. Additionally, the
Applicant shall dedicate approximately fifty-five feet (55') of right-of-way north of the
existing centerline of Edwards Ferry Road, possessing sufficient width to accommodate
construction of a one-half section of a four-lane divided road section thereon, along the
Edwards Ferry Road frontage of the commercially zoned parcel located between the
Subject Property and the commercially zoned parcel proposed for development of the
Fort Evans (Pence Friedel) shopping center, possessing approximately six hundred feet
(600') in length. Dedication to the Town of both above-referenced right-of-way sections
shall take place at time of record subdivision plat approval for the Edwards Landing
townhouse section fronting on Edwards Ferry Road, shall be free and clear of all liens
and encumbrances, and shall be accomplished by documents and forms approved by the
Town Attorney.
The Applicant shall construct a one half (1/2) section of a four lane divided road section
along the two Edwards Ferry Road frontage dedication areas (1,200' and 600' frontage
lengths, respectively) referenced in Proffer 1, above. All road construction shall be in
conformance with VDOT and Town standards and shall be accomplished concurrently
with the build-out and development of the Edwards Landing townhouse section fronting
on Edwards Ferry Road. Such road construction shall begin immediately subsequent to
issuance of the first zoning permit for the Edwards Landing townhouse section fronting
on Edwards Ferry Road and shall be substantially completed prior to issuance of the last
AN ORDINANCE AMENDING #ZM-145 EDWARDS LANDING PRN CONCEPT PLAN AND
PROFFERS
zoning permit for this townhouse section.
The Applicant shall contribute to the Town a monetary sum in the amount of Two
Hundred Dollars ($200.00) per residential unit immediately prior to the issuance of each
residential unit zoning permit. These contributions shall be non-refundable and shah be
placed by the Town in a fund for the development of public facilities at Ida Lee Park as
the Town deems appropriate.
The Applicant shall dedicate to the Town or its designee the approximately 31.63-acre
area shown generally as "Public Open Space" on Sheet 7 of 16 of the Concept
Development Plan and as specified by metes and bounds in the Boundary Line
Agreement (Annexation) Plat, dated May 4, 1990. Dedication of this "Public Open
Space" shall take place no later than the thirty-first (31st) day after final rezoning
approval subsequent to a determination that no appeals or lawsuits have been filed
contesting the final rezoning approval. Dedication shall be free and clear of all liens and
encumbrances with the exception of the recorded open space easement on the "Public
Open Space" area and shall be accomplished by documents and forms approved by the
Town Attorney which shall provide for minor post-dedication adjustments to the
dedication line to be conducted at time of subdivision plat preparation for those lots
adjacent to the "Public Open Space" area if required.
The Applicant shall design and construct the following public recreational facilities listed
below, the total cost of which shall not exceed One Hundred Thousand Dollars
($100,000.00), in the area shown generally as "Public Open Space" on Sheet 7 of 16 on
the Concept Development Plan:
ao
a twenty (20) car all-weather parking lot, constructed with either asphalt or
gravel as determined by the Town during site plan review, and access road with
curb and gutter,
b. a picnic pavilion or shelter with concrete flooring,
Co
a woodchip trail leading to and from the Potomac River as shown on Sheet 7 of
16 on the Concept Development Plan which shall possess a minimum width of
six feet (6'),
an access control structure, limiting public access to the "Public Open Space"
area, as determined by the Town during site plan review, and
appropriate signage, as determined by the Town during site plan review,
identifying the above-referenced public recreational facilities.
A site plan and design plans for the above-referenced public recreational facilities shall be
submitted with construction plans for those residential dwelling units adjacent to the "Public
Open Space" area and shall be subject to review and approval by the Town Director of Parks and
-5-
AN ORDINANCE AMENDING #ZM-14$ EDWARDS LANDING PRN CONCEPT PLAN AND
PROFFERS
Recreation. Construction of the above-referenced public recreational facilities shall commence
when the base paving layer of asphalt is laid on Woods Edge Road adjacent to the "Public Open
Space" area and shall be completed within eight (8) months thereafter.
The Applicant shall design and construct the following private recreational facilities in
the Recreation Area as shown generally on the Concept Development Plan:
ao
a six-lane, twenty-five meter swimming pool, possessing a minimum of 3,200
square feet in area,
bo
a shallow wading pool for small children, possessing a minimum of 500 square
feet in area,
Co
a tot lot, possessing a minimum of 4,000 square feet in area and possessing the
following play equipment structures as identified on Sheet 13 of 16 of the
Concept Development Plan, one 4-person swing set; one play system to include
spiral slide, sliding pole, tire swing, chinning bar, horizontal ladder, and wood
arch climber; one "whirl" play structure; three or four benches as deemed
appropriate during site plan review,
d. a clubhouse with lockers, shower facilities, storage area, and small
office/reception area, possessing a minimum of 2,500 square feet in area, and
e. two tennis courts constructed of asphalt base, and
asphalt paved parking facilities for forty-two (42) automobiles with a twelve foot
(12') wide emergency access cartway leading from the parking lot to the
clubhouse/swimming area pool concourse.
Vegetative screening, landscaping and light berming shall be provided as shown generally on
Sheets 6 and 11 of 16 on the Concept Development Plan and Town-approved perimeter fencing
around the "Recreation Area" shall be provided as determined during site plan review. Design
plans for the above-referenced recreational facilities shall be submitted with construction plans
for those dwelling units adjacent to the "Recreation Area" and shall be subject to review and
approval by the Town Land Development Official. Construction of the above-referenced private
recreational facilities shall commence prior to issuance of the eightieth(80th) single family
detached zoning permit and shah be completed prior to the first anniversary of the issuance of
the eightieth (80th) single family detached zoning permit.
The Applicant shall contribute to the Town a monetary sum in the amount of One
Thousand Three Hundred Fifty Dollars ($1,350.00) immediately prior to the issuance of
each residential zoning permit towards the construction of regional roadway
improvements. All contributions shall be paid into an "Off-site Roadway Improvement
Fund" and shall be nonrefundable except as provided in Proffers 9 and 23, below.
Notwithstanding the foregoing, to the extent that a direct dollar-for-dollar credit is
AN ORDINANCE
PROFFERS
AMENDING #ZM-145 EDWARDS LANDING PRN
CONCEPT PLAN AND
10.
11.
applicable as provided below in Proffer 9 and to the extent that such "off-site roadway
improvements" are bonded, then the above-described regional roadway improvement
contribution shall be deemed satisfied and will not be required prior to issuance of each
residential zoning permit.
The Applicant shall dedicate sufficient right-of-way, possessing approximately one
hundred twenty feet (120') in width, generally, and approximately one hundred forty feet
(140') in width near the intersection of Battlefield Parkway and Edwards Ferry Road, as
required for the construction of the planned four lane divided Battlefield Parkway as
shown generally on Sheets 5 and 6 of 16 on the Concept Development Plan. Dedication
to the Town shall take place at time of record subdivision plat approval for those
residential development sections adjacent to Battlefield Parkway, shall be flee and dear
of all liens and encumbrances, and shall be accomplished by documents and forms
approved by the Town Attorney.
The Applicant shall construct the full four lane divided section of Battlefield Parkway
from the northern boundary line of the Subject Property to the southern boundary line
of the Subject Property in conformance with all Town and VDOT standards as shown
generally on Sheets 5 and 6 of 16 on the Concept Development Plan. Two lanes of the
four-lane divided section shall be constructed concurrently with build-out and
construction of those residential development sections adjacent to the Battlefield
Parkway dedication area specified in Proffer 8, above. Such road construction shall begin
immediately subsequent to issuance of the first zoning permit for those residential
sections adjacent to the Battlefield Parkway dedication area specified in Proffer 8, above
and shall be completed prior to issuance of the last zoning permit for these residential
sections. The construction of the remaining two lanes and raised median dividers shall
be completed prior to final bond release or issuance of the last residential Certificate of
Occupancy, whichever occurs first. Construction of the final two lanes and the raised
median dividers shall be deemed to be "off-site roadway improvements" and there shall
be given a direct dollar-for-dollar credit against contributions made to the "Off-site
Roadway Improvement Fund" pursuant to Proffer 7 above, for those construction costs
incurred in the construction of the final two lanes and the raised median dividers.
The Applicant shall provide berming and landscaping, as shown generally on the Concept
Development Plan, along all major public road frontages to provide for screening and
buffering of parking areas, rear yards, and the recreation area, as approved by the Town.
The Applicant shall provide a six-foot (6') wide natural woodchip trail on the eastern
bank of the stream valley of Cattail Branch to provide access to this environmental
quality corridor as shown generally on the Concept Development Plan and as approved
by the Town. Construction of this natural woodchip trail shall be commenced during
development of those residential dwelling units immediately to the east of the Cattail
Branch in accordance with the Concept Development Plan and shall be completed
concurrently with construction of the adjacent single family detached dwellings.
AN ORDINANCE
PROFFERS
AMENDING #ZM-145 EDWARDS LANDING PRN
CONCEPT PLAN AND
12.
13.
14.
15.
Signage provided along public road frontages shall be subject to Town approval and shall
conform generally to signage plans included as Sheet 16 of 16 on the Concept
Development Plan.
Development of residential units on the Subject Property shall be accomplished in
general conformance with the phasing shown on the Concept Development Plan. The
Applicant shall be permitted to engage in or complete residential construction activities
in any or all phase sections so long as "Phase One" is commenced prior to "Phase Two",
"Phase Two is commenced prior to "Phase Three", and "Phase Three" is commenced
prior to "Phase Four".
The external facades of residential units constructed on the Subject Property shall be in
general accordance with the "Building Architecturals" as shown generally on Sheets 14
and 15 of 16 of the Concept Development Plan as determined by the Town Land
Development Official. In addition, the Applicant shall construct all residential units in
conformance with the following architectural restrictions:
ao
all single-family detached dwelling units which have a chimney shall have a
masonry chimney,
bo
a minimum of twenty percent (20%) of all townhouses and single family
detached dwelling units shall have brick frontage facades,
a minimum of one (1) upgrade facade option shall be offered on each townhouse
unit as determined by the Applicant which shall include, but not be limited to,
dormers, columns, masonry facades, bay windows, windows lintels, or front
porch/entry features, and
do
no more than two (2) units of thc same architectural style will be located
adjacent to each other.
The Applicant shall design and construct all on-site stormwater management facilities in
accordance with Best Management Practices (BMP's) as defined in the Virginia Siltation
and Erosion Control Handbook. The Applicant may, with concurrence with the Town,
design and construct at least one of the on-site stormwater management facilities as a
'~vet" BMP facility providing that adequate stormwater flows are found to exist in a
quantity which would allow for the feasible design, construction, and operation of a"wet"
BMP facility during site plan review. Should a "wet" BMP facility be constructed, the
Applicant shall post a warning sign and shall construct an interior perimeter terrace or
"bench" beneath the calculated waterline in order to provide additional safety. Should
the Town adopt an ordinance mandating the erection of perimeter fencing around "wet"
stormwater management facilities prior to final bond release, the Applicant shall install
such perimeter fencing as required by the ordinance.
16. The Applicant shall use best efforts to preserve specimen monarch deciduous trees in all
AN ORDINANCE
PROFFERS
AMENDING #ZM-145 EDWARDS LANDING PRN
CONCEPT PLAN AND
17.
18.
19.
20.
21.
open space areas and shall file Grading and Tree Preservation Plans concurrent with
each and every Preliminary Subdivision Plat submission, which shall be subject to review
and approval of thc Town Land Development Official.
The Applicant shall refrain from all grading and development activities on the Bunker
Open Space Area located at the northwestern quadrant of the intersection of Edwards
Ferry Road and the Battlefield Parkway as shown on the Concept Development Plan,
which shall be maintained in its current natural state, by the Applicant or its assigns.
Thc Applicant shall also refrain from grading activities on all open space areas possessing
slopes greater than twenty-five percent (25%), except as required for construction of
public roads and stormwater management facilities and installation of infrastructure and
public utility facilities, including, but not limited to sanitary sewer and water lines.
The Applicant shall file a traffic study and intersection analysis concurrent with the filing
of the first preliminary subdivision plat for thc Edwards Land development.
The Applicant shall provide a vegetative buffer, at least fifty feet (50') in width, adjacent
to the proposed Fort Evans (Pence Friedel) Shopping Center, with Plantings as required
by Section 9A of thc Zoning Ordinance of the Town of Lccsburg for an "S-3" screen, as
shown generally on Sheet 5 of 16 of the Concept Development Plan and shall use best
efforts to preserve monarch cedar trees existing in the aforesaid 50-foot screening area.
All monetary contributions stated in these proffers shall be subject to adjustment from
January 8, 1991, thc date of final rezoning approval, at a rate equal to any fluctuations
in the Consumer Price Index (C.P.I.).
The Applicant shall pay all administrative costs associated with the Boundary Line
Adjustment including plat preparation, filing fees, reasonable attorney's fees, and
advertising costs.
The Applicant shall install a pedestrian-activated traffic signalization device at the
intersection of Battlefield Parkway and Woods Edge Road as shown generally on Sheet
6 of 16 on the Concept Development Plan. Twenty-five percent (25%) of the cost and
installation expense of this pedestrian-activated traffic signalization device shall be
deemed to be an "Off-site Roadway Improvement", and there shall be given a direct
dollar-for-dollar credit against contributions made to the "Off-site Roadway Improvement
Fund" pursuant to Proffer 7, above, for twenty-five percent (25%) of the costs and
expenses incurred in the installation of this pedestrian-activated traffic signalization
device. The remaining seventy-five percent (75%) of the cost and installation expense
shall be deemed to be an "On-site Roadway Improvement" and shall not count as any
credits against the "Off-site Roadway Improvement Fund". This installation shall be
accomplished no later than completion of construction of the final two remaining lanes
of Battlefield Parkway pursuant to Proffer 9, above.
23. In the event a fire station site, adjacent to the Subject Property and possessing
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AN ORDINANCE AMENDING #ZM-145 EDWARDS LANDING PRN CONCEPT PLAN AND
PROFFERS
approximately 1-1/2 acres, is not chosen and approved by the Leesburg Volunteer Fire
Department and dedicated to the Leesburg Volunteer Fire Department, Wabash Drive
shall be deemed deleted form the Concept Development Plan and shall not be
constructed and the Applicant shall contribute to the Leesburg Fire and Rescue
Department fund a monetary sum in the amount of One Hundred Dollars ($100.00) at
time of issuance of each zoning permit.
24.
These proffers are entered into voluntarily by the Applicant, shall apply to the
Applicant's successors-in-interest, and are contingent upon the Town approving a
rezoning of the Subject Property to the PRN zoning district, the Concept Development
Plan, and the requested Zoning Ordinance Modifications, special exceptions, and
variations referenced in the Concept Development Plan. These proffers shall not be
enforceable against the Town of Leesburg due to its ownership of the 31.63 acres of real
property attached hereto.
SECTION II. Concept plan approval does not express or imply any waiver or modifications to
any other requirements of the Design and Construction Standards Manual, Subdivision and Land
Development Regulations or Zoning Ordinance except as specifically cited herein.
SECTION III. This ordinance shall be effective upon its passage.
PASSED this 8th day of August, 1995.
ATTEST:
Clerk of Council
mes E. Clem, Mayor
wn of Leesburg
o:zml45.pro