HomeMy Public PortalAbout1996_01_16_O001The Town of
Leesburg,
.rg ma
ORDINANCE NO.
AN ORDINANCE:
PRESENTED January 16~ 1996
96-0-1 ADOPTED January 16, 1996
APPROVING REZONING APPLICATION #ZM-143 ALLMAN FAMILY
LIMITED PARTNERSHIP TO AMEND AN EXISTING CONCEPT PLAN
AND PROFFERS ESTABLISHED FOR #ZM-90 GREENWAY FARM AND
#ZM-120 GREENWAY FARM
WHEREAS, on March 23, 1988, the Town Council amended the zoning district map and
approved rezoning application #ZM-90 Greenway Farm PRN, with proffers; and
WHEREAS, on August 8, 1990, the Town Council approved #ZM-120 Greenway Farm PRN
amending the concept plan and proffers associated with #ZM-90; and
WHEREAS, on November 15, 1994 rezoning application #ZM-143 Allman Family Limited
Partnership was submitted requesting an amendment to the existing concept plan and proffers for #ZM-
90 and #ZM-120 to permit the creation of 42 residential townhouse lots on a 5.93 acre parcel of land
designated for a church site; and
WHEREAS, on February 16, 1995 the Planning Commission held a public hearing to consider
this rezoning request; and
WHEREAS, on April 20, 1995 the Planning Commission recommended to Council approval of
#ZM-143 Allman Family Limited Partnership conditioned upon the applicant submitting a concept plan
and proffers to support up to 18 single family detached residential units; and
WHEREAS, on May 10, 1995 the applicant submitted a variation request to the Planning
Commission to access 18 single family residential units by a common parking court and to create lots
larger than 8,000 square feet on a common parking court; and
WHEREAS, on June 13, 1995 the Council held a public hearing to consider the concept plan
and proffer amendment; and
WHEREAS, on June 15, 1995 the Planning Commission held a public hearing to consider the
variation requests; and
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AN ORDINANCE AMENDING #ZM-90 AND #ZM-120 GREENWAY FARM PRN CONCEPT PLAN
AND PROFFERS
WHEREAS, on July 20, 1995 the Planning Commission approved the variation requests; and
WHEREAS, the proposed residential use and density are consistent with the Town Plan and with
adjacent land uses; 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-143 Allman Family Limited Partnership Concept Plan
and Proffer Amendment as shown on a concept plan prepared by Marc Weiss & Associates dated
December 8, 1995, including up to four pipestem lots with the minimum size as shown on the plan, is
hereby approved.
ALLMAN FAMILY LIMITED PARTNERSHIP (Applicant), a Virginia General Partnership,
and the owner of the property designated as Tax Map Parcel 47/13/A3 and applicant in #ZM-143, hereby
voluntarily proffers that in the event the subject concept plan and proffer amendment is approved in
general accordance with the concept plan prepared by Marc Weiss & Associates and dated December
8, 1995, entitled "Concept Plan Property of Allman Family LP" and proffer amendment application and
proposed development plan, the development of the property shall be in compliance with the following
proffered conditions pursuant to Section 15.1-491(a) of the 1950 Code of Virginia, as amended and
Section 13A-12 of the Zoning Ordinance of the Town of Leesburg, Virginia. These proffers replace and
make null and void proffers ! through 8 and 10 associated with Ordinance No. 88-0-11, #ZM-90
Greenway Farm Partnership, but retain in effect proffer 9 which is directly applicable to the development
of the day-care facility.
(1) Development of the property shall be in substantial conformity with the Concept Plan prepared
by Marc Weiss & Associates dated December 8, 1995, entitled "Concept Plan Property of Allman
Family LP", which shall control the density, use, general layout and general configuration of the
AN ORDINANCE AMENDING #ZM-90 AND #ZM-120 GREEN-WAY FARM PRN CONCEPT PLAN
AND PROFFERS
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
property, with reasonable allowance for engineering and design alteration to meet Town zoning,
subdivision and land development regulations.
The applicant, or its successors-in-interest, agrees to pay the Town prior to issuance of each
zoning permit issued for each residential unit constructed on the property FIVE HUNDRED
DOLLARS ($500) as its pro-rata share toward the construction of off-site transportation
improvements.
Immediately prior to issuance of each zoning permit, the Applicant, or its successors-in-interest,
shall make payment in the amount of FIFTY DOLLARS ($50.00) per residential unit to the
Town as a contribution to the fire and rescue facility providing service to the property, which
monies shall be paid by the Town to the appropriate fire and rescue facility.
Immediately prior to issuance of each zoning permit, the Applicant, or its successors-in-interest,
shall make payment in the amount of ONE HUNDRED DOLLARS ($100.00) per residential
unit as a contribution to the Town, for the improvement of Ida Lee Park in Leesburg.
The Applicant, or its successors-in-interest, agrees that prior to approval of the final plat,
architectural elevations shall be submitted to the Land Development Official for review and
approval. The architectural style, materials and construction of the single family homes shall be
compatible with the single family homes existing at the Greenway Farm Planned Residential
Neighborhood.
The Applicant, or its successors-in-interest, shall limit access to the property to the entrance
shown on the Concept Plan prepared by Marc Weiss & Associates and dated December 8, 1995,
entitled "Concept Plan Property of Allman Family LP".
The Applicant, or its successors-in-interest, agrees to construct no more than 17 single family
detached dwellings on the subject property.
The Applicant, or its successors-in-interest, agrees that proffer 9 from #ZM-90, Greenway Farm
Partnership, which is directly applicable to the development of the day-care facility, remains in
full force and effect. This proffer states as follows: "Applicant agrees that prior to approval of
the Site Plan for the day care facility referenced in Exhibit "A", the owner of such facility will
submit architectural elevations for the day care facility to the Town Land Development Official
for review and approval. The general location of such day care facility is designated on the
attached Exhibit "A"."
The monetary contributions set out in paragraphs 2, 3 and 4 shall be subject to adjustment from
the date of final rezoning approval at a rate equal to any increases in the Consumer Price Index
(C.P.I.) from the date of the final rezoning approval, as provided by the Director of Finance.
In no event shall said contributions be reduced.
The Applicant or its successors-in-interest, hereby affirms its agreement granting a perpetual 15-
foot buffer easement to Trafalgar House Property, Inc. for the installation, construction,
AN ORDINANCE AMENDING #ZM-90 AND #ZM-120 GREENWAY FARM PRN CONCEPT PLAN
AND PROFFERS
reconstruction, planting, maintenance and repair of landscaping, an irrigation system to support
such landscaping and entrance signage and features. The buffer easement is shown as "15'
Buffer" on the Concept Plan prepared by Marc Weiss & Associates and dated December 8, 1995,
entitled "Concept Plan Property of Allman Family LP". Applicant further agrees to an
assignment of the perpetual 15-foot buffer easement from Trafalgar House Property, Inc. to the
Greenway Farm Owners' Association, Inc., when requested. The terms of this agreement shall
be placed in the restrictive covenants for the Allman property. Such covenants shall be submitted
to the Town Attorney for approval prior to recordation.
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 16 th day o fJanua r v 1996.
ATTEST:
C~erk of Council
James E. Clem, Mayor
Town of Leesburg
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