HomeMy Public PortalAbout1990_05_08_R083Leesb~irg in ~Zir~inia
JOINT I{ESOLUTION OF LOUDOUN COI/NTY IN VIRG~
AND
~ TOWN OF LEESBUI~ IN VlI~INIA
RESOLUTION NO. 90-83
A JOINT RESOLUTION:
PRESENTED May 8~ 1990
ADOPTED May 8, 1990
MODIFYING THE ANNEXATION AREA DEVELOPMENT
POLICIES, ADOPTING A BOUNDARY LINE ADJUSTMENT
AGREEMENT AND AUTItOI~rZlNG PUBLICATION OF A REVISED
CORPORATE BOUNDARY FOR THE TOWN OF LEESBURG,
VIRGINIA
WHEREAS, the Board of Supervisors of Loudoun County, Virginia (the "Board"), and the Town
Council of the Town of Leesburg, Virginia (the "Council"), have agreed to consider development proposals
in accordance with the policies, standards and guidelines set forth in the Annexation Area Development
Policies which are a part of the Annexation Area Development Policies which are a part of the Annexation
Agreement and Order of Annexation entered on October 11, 1983; and
WHE~, the owner of the tract of land known as the Edwards Landing property desires to bring
the ent'be tract within the town limits in order that the Edwards Landing development proposal (ZM-
109) be considered under the regulations of the town; and
WHEREAS, the Joint Policy Committee of the Board and Council have reviewed the proposed
development and have determined that it is appropriate to bring the entire tract within the town limits
for the purpose of considering the Edwards Landing development proposal as set forth in Section Ill
herein; and
WHEREAS, the Joint Policy Committee has recommended that the Annexation Area Development
Policies be modified to incorporate the changes set forth herein; and
WHEREAS, the Council and the County agree that modifications recommended by the Joint Policy
Committee are appropriate in light of the landowner's expressed willingness to protect and preserve the
environmentally signifi~t ]ands on the Edwards Landing property by the dedication of these lands to
the Town of Leesburg to be mslntained as open space as a public park site for passive recreation, a
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A JOINT RESOLUTION: MODIFYING THE ANNEXATION AREA DEVELOPMENT POLICIES
limitation on further subdivision, and a mRx-lmum density.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Loudoun County, Virginia and the
Town of Leesburg, Virginia as follows:
SECTION I. The Boundary Line Adjustment Agreement set forth in Attachment 1 to this resolution
is hereby approvech The Mayor is authorized to execute said agreement on behalf of the Town and the
Chairman of the Board of Supervisors is authorized to execute said agreement on behalf of the County.
SECTION II. A description of the revised boundary line between the Town and County as generally
depicted on Attachment 2 shall be published at least once a week for two consecutive weeks in the
Loudoun Times-Mirror and the cost for said publication shall be paid by the Town of Leesburg pursuant
to Section 15.1-1031.2 of the Code of Virginia, as amended.
SECTION Ill. The Annexation Area Development Policies are amended to incorporate the following
ch~es:
Bo
The total 32 acres, more or less, incorporated herein into the Town from the County shall
be limited to a density of a maximum of four large lots and a portion of 12 lots as generally
shown on the Concept Development plan prepared by Patton, Harris, Rust and Associates,
dated March, 1990, (hereinafter "Concept Development Plan~).
Approximstely 31.63 acres, including a 100 foot buffer strip between the proposed pump
station and the County boundary along the southeast property line, shall be dedicated to the
Town of Leesburg, Virginia on or before the 31st day after approval by the town of ZM-109
to Zoning District PEN, as proffered. Said areas shall be maintained as open space as a
public park site for passive recreation. Development of said areas shall be coordinated with
the Northern Virginia Regional Park Authority for the location and ins~llAtion of the
Potomac Heritage Trail.
The said 32 acres, more or less, and the 100 foot buffer strip shall not be further subdivided,
except as set forth on the Concept Development Plar~
The owner and/or developer of the property shall design and construct all on-site stormwater
msrmgement facilities in accordance with the Town of Leesburg Design and Construction
Standards Man,ml~ the Virginia Erosion and Sediment Control Handbook and the "Runoff
Controls" section of the Virginia Urban Best Management Practices Handbook and as
determined by the Director of Engineering for the Town.
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A JOINT RESOLUTION: MODIFYING THE ANNEXATION AREA DEVELOPMENT POLICIES
SECTION IV. Publication of a revised corporate boundary for the Town of Leesburg in Vir~ni9 iS
hereby authorized.
PASSED the 8th day of l~Ia¥
,1990
)
Betty Tat~nn~ C .l~irmAn
Board of Supervisors
County of Loudoun
ATTEST:
Clerk of Council
ATTEST:
County ~istrator
BOUNDARY LINE ADJUSTMENT AGREEMENT
THIS AGREEMENT made
, 1990, by
Virginia
governing
of the
and entered into this day of
and between the County of Loudoun,
(hereinafter the "County"l, by and acting through its
body the Board of Superisors of Loudoun County, party
first part; the Town of Leesburg, Virginia (hereinafter
the "Town"), acting Dy anO through its governing Doay the Town
Council of the Town of LeesDurg, Virginia, party of the second
part, and Helmi E. Carr, (hereinafter "Carr"), landowner, party
of tne third part.
WHEREAS, the County anO the Town in 19~2 entered into a
comprenensive Annexation Agreement for the exchange and sharing
of public services and for the mutual benefit of the citizens
of both jurisdictions and for tne adjustment of their
DounOaries in order to provide services more efficiently, which
Agreement was affirmed and validated pursuant to Chapter 26.1:1
of Title 15.1 by a Special Court duly constituted and conveneO
pursuant to Chapter 26.2 of Title 15.1; anO
WHEREAS, this Annexation Agreement included a document
entitled Annexation Area Development Policies which provides a
guide for the future development of the area which was brought
into the Town pursuant to the Annexation Agreement; and
W~EREAS, tnere
rezoning application
Development for a
Town and partly
owned Dy Carr; anO
is currently penoing before the Town a
(ZM-109) for the Edwards Landing PlanneO
parcel of land which lies partly within the
within an unincorporated area of the County,
WHEREAS, it is the desire of the Town, the County ano
Carr, to bring 32 acres, more or less, within the jurisdiction
of the Town for the purpose of reviewing the proposed
development plan for the entire parcel; and
WHEREAS, a portion of the land which is the subject of
Adjustment Agreement is environmentally
tnis Boundary Line
significant; and
WHEREAS, Carr
nas given assurances that in tne event the
proposed development is approved by the Town 31.63 acres, more
or less, incluoing a 100 foot buffer strip along the southern
boundary line, of the 32 acres, more or less, which are the
suoject of this Boundary Line Adjustment Agreement, shall De
conveyed by General Warranty Deed with English covenants of
title, free and clear of any and all liens and encumbrances to
the Town of Leesourg to be maintained as open space as a public
park site for gpassive recreat'ion; and
WHEREAS, the Town, County and Carr agree that there shall
be no further subdivision of the parcel subject to t~is
Boundary Line Adjustment Agreement, except as set forth on t~e
Concept Development Plan prepared by Patton, Harris, Rust and
dated March, 1990 (hereinafter "Development Plan");
Associates,
and
WHEREAS,
conveyance
guidelines
the best
the Town and the County consiaer the proposed
of this parcel to be in accora with the policies and
of the Annexation Area Development Policies and in
interests of the citizens of the Town, the County and
the Commonwealth;
2
NOW,
follows:
1. The
allow the
Development
THEREFORE, the parties hereto hereby agree as
purpose of this
Town to consider
rezoning request
boundary line adjustment is to
the Edwaros Landing Planned
(ZM-109) from the County zoning
district (R-l} to the Town zoning district (PRN, as proffered).
2. The boundary line which is to be established is
generally depicted on Exhibit A and is more particularly
descriDeO in Exhibit B, which are both attached hereto and made
a part of this Agreement.
3. The Annexation Area Development Policies are amendeo
to incorporate the changes set forth in Exhibit C, which is
attacheo hereto and made a part of this Agreement.
4. The boundary line adjustment shall be effective on the
date of entry of tne Circuit Court order, however, in the event
that the request of the landowner for cnange in zoning
classification to the Town zoning district (PRN, as proffered)
is not approved or that the land identified in Exhibit A is not
conveyed to the Town as provideo herein, to be maintained as
open space for a public park for passive recreation, the
boundary line s~all revert to tne position established by order
of the Annexation Court on October 11, 1983.
COUNTY OF LOUDOUN, VIRGINIA
By:
Betty Tatum, Chairman
Board of Supervisors
ATTEST:
County Administrator
TOWN OF LEESBURG, VIRGINIA
By:
Robert E. Sevila, Mayor
Town of Leesburg
Attest:
Clerk of Council
Helmi E. Carr
4
EXHIBIT C
A. The 32
the Town from
maximum of four
generally s~own
Patton, Harris,
acres, more or less, incorporated herein into
the County s~all be limited to a density of a
large
on the
Rust
lots and a portion of 12 lots as
Concept Development plan prepared by
and Associates, dated March, 1990,
areas shall
for passive
coordinated
for the
Trail.
C.
foot
(hereinafter "Concept Development Plan").
B. The 31.~3 acres, including a 1UO foot buffer strip
Oetween the proposed pump station and the County boundary along
the southeast property line, shall be dedicatea to the Town of
Leesourg, Virginia on or before the 31st day after approval oy
the Town of ZM-IO~ to Zoning District PRN, as profferea. Said
De maintainea as open space as a public park site
recreation. Development of said areas shall Oe
witn the Northern Virginia Regional Park Authority
location and installation of tne Potomac Heritage
The saia 3~.63 acres, more or less, including t~e 100
ouffer strip shall not be further subdividea, except as
set forth on t~e Concept Development Plan.
D. The owner and/or developer of the property shall
design and construct all on-site stormwater management
facilities in accordance with the Town of Leesburg Design and
construction Standards Manual, the Virginia Eroision and
Sediment Control HandOook and the "Runoff Controls" section of
the virginia Uroan Best Management Practices Handoook and as
determined by theDirector of Engineering for the Town.