HomeMy Public PortalAbout2000_05_09_O013 ZM 161 StratfordThe Town of
I eesburg,
lrglnla
PRESENTED May 9, 2000
ORDINANCE NO. 2000-o-13 ADOPTED May 9, 2000
AN ORDINANCE: APPROVING #ZM-161 RYLAND AT STRATFORD, CONCEPT PLAN
AND PROFFER AMENDMENT
WHEREAS, on November 16, 1999 the Town received #ZM-161 Ryland at Stratford,
concept plan and proffer amendment to permit the construction of duplexes in a portion of the
Stratford development, along with a modification request to Section 13-75(2)((d)) of the
Subdivision and Land Development Regulations to allow up to 40 duplex units to be served by a
common parking court; and
WHEREAS, the Planning Commission held a public hearing on this application on
February 6, 2000; and
WHEREAS, on February 17, 2000, the Planning Commission recommended denial of the
concept plan and proffer amendment and associated modification request because the application
was inconsistent with Sections 6A-8, 6A-9(1)a & (3) and 6A-16 of the Zoning Ordinance and
Road System Policy #10 in the Transportation Element of the Town Plan; and
WHEREAS, the Town Council held a public hearing on this application on April 11,
2000; and
WHEREAS, the Proffers, revised through April 10, 2000 (hereinafter referred to as
Proffers) and Concept Plan amendment request are in the interest of the public necessity,
convenience, general welfare, and good zoning practice.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
-2-
AN ORDINANCE: APPROVING #ZM-161, RYLAND AT STRATFORD, CONCEPT PLAN
AND PROFFER AMENDMENT
SECTION I. Rezoning application #ZM-161 Ryland at Stratford, Concept Plan and
Proffer Amendment is hereby approved subject to the Proffers dated April 10, 2000 (as clarified),
copies of which are attached hereto, and made a part hereof and incorporated by reference herein.
SECTION II. Concept plan approval does not express or imply any waiver or
modifications to any requirements of the Design and Construction Standards Manual,
Subdivision and Land Development Regulations or Zoning Ordinance except as specifically cited
herein.
SECTION 1II. This ordinance shall be effective upon its passage.
PASSED this 9th day of May, 2000.
,James E. Clem, Mayor
Town of Leesburg
ATTEST:
Clerk of Council
Attached: Proffers attached hereto and incorporated by reference herein
P:\Ordinance~zm- 161
#ZM-161 PROFFERS SUBMITTED BY
THE RYLAND GROUP, INC.,
IN CONNECTION WITH APPROVAL BY THE TOWN OF LEESBURG
OF A CONCEPT PLAN AMENDMENT AND PROFFER CONDITION
AMENDMENT TO THE STRATFORD PRC ZONING APPROVED
IN REZONING APPLICATION #ZM-116 AS AMENDED IN
REZONING APPLICATION #ZM-130 AND IN REZONING APPLICATION #ZM-138
February 2, 2000
March 6, 2000
April 10, 2000 (as clarified)
Pursuant to Section 15.2-2297 et seq. of the Code of Virginia (1950), as amended, and
Section 13A-12 of the Zoning Ordinance of the Town of Leesburg (the "Zoning Ordinance"), The
Ryland Group, Inc., (hereinafter referred to as the "Applicant") together with Stowers Limited
Partnership (hereinafter referred to as the "Owner") who are the applicant herein and fee simple
owner, respectively, of approximately 49.6602 acres of land described as Year 2000 Loudoun
County Tax Map Parcel 48-66 (MCPI # 232-17-6466) (hereinafter referred to as the "Property") and
who are seeking approval by the Town of Leesburg (hereinafter referred to as the "Town") of a
concept plan amendment and proffer condition amendment to the PRC zoning applicable to the
Property as approved by the Toxvn in Rezoning Application #ZM-116 as amended in Rezoning
Application #ZM-130 and as amended in Rezoning Application #ZM-138, hereby submit the
following voluntary proffers which are contingent upon Town approval of the above-referenced
concept plan amendment, proffer condition amendment, variation request, and related rezoning
plans referenced herein. These proffers and these amendments do not apply to the portions of the
Stratford Planned Residential Community (PRC) and Planned Employment Center (PEC) which
are not part of the Property.
1. Restatement of Prior Stratford Proffers. The Stratford Proffers previously
accepted by the Town in Rezoning Application #ZM-116 as amended in Rezoning Application
#Z~I-161 PROFFEI~,S St'BMITTED IIY
TIlE RYI.ANI) GROUP, INC.,
IN CONNECTION ~VITII APPROVAl. BY TIlE TOWN OF I.EESBURG
OF A CONCEPT PLAN AMENDMENT AND PROFFER CONDITION
AMENDMENT TO TIlE STRATFORD PRC ZONING APPROVED
IN REZONING APPLICATION #Z.M-I16 AS AMENDED IN
REZONING APPLICATION #ZM-130 AND IN REZONING APPLICATION #ZM-138
February 2, 2000
March 6, 2000
April I0, 2000
#ZM- 130 and as amended in Rezoning Application #ZM- 138 (hereinafter, the "Prior Proffers"), are
hereby reproffered in their entirety and incorporated by reference herein.
2. Allowance of Two-Family Attached (Duplex) Residential Dwelling Units and
Amendment of the Stratford Concept Plan.
The Concept Plan (identified as "Plan A" in the Prior Proffers) is hereby acknowledged and
reproffered in its entirety, incorporated by reference herein, except as amended by proffered
Attacl-nnent 1, Sheets 1 through 5, and by the insertion of two proffered sheets therein labeled as:
1) Stratford/Ryland Residential Concept Plan. prepared by Dewberry & Davis, dated
November 1999, as revised April 10, 2000, and numbered as Sheet 4A of 10 of Exhibit A (Plan A)
(hereinafter, the "Stratford/Ryland Concept Plan"); and
2) Stratford/Ryland Residential Zoning Plat, prepared by Dewberry & Davis, dated
November 1999, as revised April 10, 2000, and numbered as Sheet 10 of 10 of Exhibit A (Plan A)
(hereinafter, the "Stratford/Ryland Rezoning Plat")
The Stratford/Ryland Concept Plan, which depicts single family attached (tow~zhouse)
dwelling units in Land Bay C, two-family (duplex) dwelling units in Land Bay D, and multi-family
dwelling units in Land Bay E, is submitted and proffered in accordance with Section 6A-8 (2) of the
Leesburg Zoning Ordinance and shall allow for the specified allocation of uses as shown thereon.
The only use-related amendment to the Concept Plan (identified as "Plan A" in the Prior Proffers)
proposed in the Stratford/Ryland. Concept. Plan is a replacement of single family attached
#ZM-161 I'R()FFEI~,S SI. TBMrrTEI) BY
TIlE RYLANI) GI~OUP, IN(L,
IN CONNECTION WITII APPROVAL BY Tile TOWN OF LEESBURG
OF A CONCEPT PLAN AMENI)MENT AND PROFFER CONDITION
A,MENDMENT TO THE STRATFORD PRC ZONING APPROVED
IN REZONING APPLICATION #ZM-116 AS AMENDED IN
REZONING APPLICATION #ZM-130 AND IN REZONING APPLICATION #ZM-138
February 2, 2000
March 6, 2000
April 10, 2000
(townhouse) dwelling units with two-family (duplex) dwelling units (including those with
subterranean unit coimections, as presently allowed under the Leesburg Zoning Ordinance), in Land
Bay D.
3. Zoning Plat:
The Stratfor&'Ryland Residential Zoning Plat, which provides an accurate description of
metes and bounds of the Property, is submitted and proffered for the sole purpose of providing an
accurate delineation of the Property included within this application. Approval of this application
is not intended to and shall not alter the acreage of lands zoned PRC or PEC xvithin the Stratford
project.
4. Dwelling Unit Densities
The maximum number of dwelling units previously approved in the Prior Proffers and in
"Plan A" shall not be increased by this application. Out of the maximum-alloxvable 196 dwelling
units permitied within Land Bays C and D, no more than 32 zoning lots (64 record lots) may be
developed as two family (duplex) dwelling units and these dwelling units may be located only in
Land Bay D. Ail dwelling units constructed within Land Bays C and D shall comply with the
minimum lot width and minimum lot area regulations set forth in Section 6A-9(3) of the Leesburg
'Zoning Ordinance.
#ZM-161 PROFFERS SUBMITTEI) BY
TIlE IIYLANI) GROUI), INC.,
IN CONNECTION WITil APPROVAl. BY TitE TOWN OF LEESBURG
OF A CONCEPT PI,AN AMENDMENT AND PROFFER CONDITION
AMENDMENT TO TilE STRATFORD PRC ZONING APPROVED
IN REZONING APPLICATION #ZM-116 AS AMENDED IN
REZONING APPLICATION #ZM-130 AND IN REZONING APPLICATION #ZM-138
February 2, 2000
March 6, 2000
April 10, 2000
5. Typical Lot Layouts and Elevations.
The five illustration sheets attached hereto and referenced as Attachment 1 provide
conceptual illustrations that are representative of lot layouts and elevations for the single family
attached (townhouse) dxvelling units to be constructed on Land Bay C and two-family (duplex)
dwelling units to be constructed on Land Bay D and is submitted and proffered in accordance with
Section 6A-8 (2) of the Leesburg Zoning Ordinance.
6. Recreation Center and Open Space.
A recreation center shall be constructed on the south side of Hope Parkway where depicted
on the Stratford/Ryland Concept Plan. Development, construction, and completion of this recreation
center shall occur in accordance with the Prior Proffers and Section 6A-15 (7) of the Leesburg
Zoning Ordinance. Open space shall be provided in accordance with the Prior Proffers and Section
6A- 16 (7). of' the Leesburg Zoning Ordinance.
7. Private Streets in Land BaYs C & D.
Private streets, also known as "common parking courts", are provided to serve the
single faro i Iv attached (townhouse) dwelling units to be constructed on Land Bay C and two-family
(duplex) dwelling units to be constructed on Land Bay D as shown in the Stratford/Ryland Concept
Plan and as allowed by Section 8A-8 (1) (c) of the Leesburg Zoning Ordinance and appropriate
sections of the Leesburg Subdivision and Land Development Regulations and the Leesburg Design
and Construction Standards Manual. Prior to'accepting any contract for the sale of any single family
4
#ZM-161 PROFFERS SUBMITTED BY
THE RYLAND GROUP, INC.,
IN CONNECTION WITH APPROVAL BY THE TOWN OF LEESBURG
OF A CONCEPT PLAN AMENDMENT AND PROFFER CONDITION
AMENDMENT TO THE STRATFORD PRC ZONING APPROVED
IN REZONING APPLICATION #ZM-116 AS AMENDED IN
REZONING APPLICATION #ZM-130 AND IN REZONING APPLICATION #ZM-138
February 2, 2000
March 6, 2000
April I0, 2000
attached (townhouse) dwelling unit on Land Bay C or two-family (duplex) dwelling unit constructed
on Land Bay D, the Applicant shall ensure that the prospective contract purchaser executes a
disclosure form acknowledging that the d;velling units to be constructed within Land Bays C and
D are served by private common parking courts and not by public streets; that the common parking
courts to be constructed within Land Bays C or D ;vill be maintained through the collection of
mandatory property owner's association dues and not through public taxes; and that these private
common parking courts are ineligible for inclusion into either the Town of Leesburg or Virginia
Department of Transportation road maintenance programs. Street trees and street lighting will be
provided on all private streets/common parking courts within Land Bay D to the same extent as
would be required on public streets.
8. Modified Deck Setback:
A modification to the setback for residential decks installed onto single family attached
(townhouse) dwelling units to be constructed within Land Bay C and two-family (duplex) dwelling
units to be constructed within Land Bay D is granted concurrent ~vith approval of this Application
#ZM-161 so as to this setback to be ten feet (10').
9. Common Parking Court Variation:
A variation to Section 13-75(c) (2) (d) of the Subdivision and Land Development
Regulations is granted concurrent with approval of this application #ZM-161 so as to allow greater
than 16, but not more than 40, two-family (duplex) dwelling lots per common parking court
entrance to a public street.
#ZM-161 PROFFERS SUB,MITIED BY
THE RYL.('~'I) GROUP, L'~'C.,
IN COlh'.'~'ECTIO~N ~ ~PRO%'~ BY T~ TO~ OF LEESBL~G
OF A CONCEPT PLaN ~~ ~N~ PROF~ COND~ION
~MEN~IE~'T TO T~ ~%~0~ PRC ZOb~'O ~PRO~
LN ~ZON~G .~PLICA~ON ~Z~I-116 AS ~ME.~ ED ~'
~ON~G ~PLI CATIO5' ~ZM-130 ~ ~' ~ZON ~'G ~PLICATION ~ZM-13S
F eh-.2..-! 2, 2000
Ma.-~h 6, 2000
A~[ i0, 2000
10. x/DOT Jurisdiction Acknowledgment:
Thc Applicant acknowledges that the V;..rgmia Department of Transportation ("V-DOT") has
jurisdiction over the Route 15 B~vpass and that any improvements to the Route 15 Bypass shall be
subject to VDOT regulations.
Approval of this application #ZM- 161 does not express or imply any waiver or modification
of the requirements set forth in the SubdixSsion and Land Development Regulations, the Zonhag
Ordinance, or the Design and Construction Standards Manual, except as expressly approved in
application #ZM-161, and ali final plats, development pl~ng, and construction plans shall remain
subject to these applicable Town regulations.
The undersigned A.pptic~,mr and Owmcr of record of the Property, do hereby voluntarily
proffer the conditions stated above, which cond./tions shall be binding on the Applicant, its
successors and assigns, and all ow.-ners of any portions of the Property and shall, have the effect
specified in Section 15.2-2297, et seq. of the Code of Virginia (1950), as amended.
Witness the following signatures and seals tta/s I) ~day of firi%ql/. ,2000.
TiT5 KY-LAND GROUP, LNC., (Applicant)
By: .~~ ~
6
February 2, 2CO0
Mm"~h 6, 2'300
April I0, 20,33
STATE OF Z/5 LB ,,o; ,v
CITY/COUNTY OF ~-'-,4, m/c-,4 'u', to-wit:
I, ,/,~d,z T,q ~r~/', a Not~, ~blic ~ ~d tbr ~e Stated Co~ aforesaid,
Group, kc.., h= si~ed the foregoing ~Mting wNch is dated q-//-~ o , =d has tNs ~y
acknowledged ~e s~e before me in tke afores~d State =d Co~W.
Given under my hand this
Notary Public
My Comm/ssion Expires:
7
#ZM-161 PROFFERS SUBMITTED BY
TttE RYLAND GROUP, INC.,
IN CONNECTION WITtt APPROVAL BY THE TOWN OF LEESBURG
OF A CONCEPT PLAN AMENDMENT AND PROFFER CONDITION
AMENDMENT TO THE STR_4TFORD PRC ZONING APPROVED
IN REZONING APPLICATION #ZM-116 AS AMENDED IN
REZONING APPLICATION #ZM-130 AND IN REZONING APPLICATION #ZM-138
February 2, 2000
March 6, 2000
April 10, 2000
STOWERS LIMITED PARTNERSHIP
Name:
Its: General Partner
(Owner)
By:
Name:
Its:
' .w Gefieral Partner '
STATE OF '~ i ,<5~ ,~ ia_
CITY/COUNTY OF
, to-wit:
I, .__Tp,c6t~,,.~ic~e. t_.. (~\x son , a Notary Public in and for the State and County aforesaid,
do hereby certify that ~e~'xo, I C. <o-'vc~.x~r5 , (4eneaz,.\ [9o._,-~ec and
0Ocu-,.I ~ro:~ ¢2~,-\e~,1 , ~e(~e6o.\ ~o.r-~ec of STOWERS' LIMITED PARTNERSHIP,
has sig~ed t~e foregoint writing which is dated (~{-,) \ ~e, aox.x>. , and has this day acknowledged
the same before me in the aforesaid State and County.
Given under my hand this
day of ~,o~-i \ ,2000.
- ~/ ~ Notary Public
My Commission Expires:
q -,.5(:
Attachment ] attached hereto
F:~Data',Clicnts',Ryland - Strafford",Ctean Proffers 4-10-00 wpd
8
~LLL~I
ATTACHMENT 1
(Sheet 1 of 5)
[Supplement to Exhibit A,
Sheet 8 of 9]
ATTACHMENT 1
(Sheet 2 of 5)
[Supplement to Exhibit A,
Sheet 7 of 9]
Elevation C
(SHOWN W~ OPT. BRICK)
ATTACHMENT 1
(Sheet 3 of 5)
[Supplement to Exhibit A,
Sheet 8 of 9]
TYPICAL DUPLEX
Elevation D
(SHOWN WI OPT. BRICK)
ATTACHMENT 1
(Sheet 4 of 5)
[Supplement to Exhibit A,
Sheet 8 of 9]
TYPICAL DUPLEX
II
i!
.I
'NIP4 .~'.~L
ATTACHMENT 1
(Sheet 5 of 5)
[Supplement to Exhibit A,
Sheet 7 of 9]
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