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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 -2- 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. -3- 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.