HomeMy Public PortalAbout1990_08_08_R213RESOLUTION NO.
90-213
PRESENTED August $~ 1990
ADOPTED August 8, 1990
RESOLUTION: INTENT TO ADOPT AN ORDINANCE APPROVING THE
REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING BY
PINNACLE DEVELOPMENT CORPORATION
WHEREAS, the Town Council approved the Potomac Crossing
South Concept Plan/Town Plan Amendment (now known as Edward's
Landing) on January 24, 1989; and
WHEREAS, on March 17, 1989 Pinnacle Development Corporation
applied to rezone 154.9 acres, 32 acres of which were in Loudoun
County and required incorporation by boundary line adjustment,
located generally east of Route 15 Bypass and the Potomac River,
and north of Edwards Ferry Road from County R-1 to Planned
Residential Neighborhood, PRN, zoning district; and
WHEREAS, this application was received by the Town Council
and referred to the Planning Commission for public hearing, as
well as to the Annexation Area Development Policies (AADP) Joint
Policy Committee for consideration of the proposed boundary line
adjustment; and
WHEREAS, the Planning Commission held a public hearing on
June 22, 1989 to consider this rezoning application with
proffers; and
WHEREAS, on November 16, 1989 following an extension of time
granted by the applicant, the Planning Commission recommended
denial of #ZM-109 Edwards Landing because of then-unresolved land
use issues; and
WHEREAS, the applicant revised the rezoning plans and
proffers to address concerns raised by the Planning Commission
including the overall residential density and proposed townhome
layout; and
WHEREAS, the AADP Joint Policy Committee conditionally
recommended to the Board of Supervisors and the Town Council that
the requested 32 acre parcel of county land be incorporated into
the Town of Leesburg corporate limits by boundary line adjustment
on January 11, 1990; and
WHEREAS, the Town Council held a public hearing on January
23, 1990 to consider this rezoning application; and
WHEREAS, on February 7, 1990 following the hearing, staff
formally responded to the environmental concerns raised, and the
applicant addressed the same through further revisions to the
proffers and the rezoning plan; and
WHEREAS, the existing zoning designation for this property
changed from County R-1 to Town R-1 as part of the comprehensive
zoning revisions adopted April 24, 1990; and
WHEREAS, Town Council and Board of Supervisors both endorsed
a joint resolution regarding the boundary line adjustment; and
WHEREAS, the required boundary line adjustment documents
were submitted as advertised to the Circuit Court of Loudoun
County and testimony was given in Court on June 29, 1990; and
WHEREAS, an agreed consent order endorsed by counsel for the
Town, the County, and the applicant was presented to the Court
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for entry that day but as of this time has not been signed by the
Court; and
WHEREAS, the applicant has prepared final rezoning plans and
notarized proffers for approval as part of this application and
in accordance with the conditions set forth by the AADP Joint
Policy Committee; and
WHEREAS, the proposed PRN zoning is consistent with the Town
Plan goals and policies for this area and is compatible with
surrounding zoning and development; and
WHEREAS, this rezoning request is in the interest of public
necessity, convenience, general welfare, and good zoning
practice; and
WHEREAS, the Town Council may not act upon #ZM-109, Edward's
Landing until an order approving the agreed boundary line
adjustment is signed by the Court; and
WHEREAS, the August 8, 1990 Town Council meeting will be the
last such meeting until September 12, 1990; and
WHEREAS, the applicant's lender has demanded reassurance, in
order to extend the financing package presently in place, that
the rezoning application will be favorably acted upon at the Town
Council's next regularly scheduled meeting following entry of the
Court Order approving the boundary line adjustment; and
WHEREAS, the applicant has requested a statement from the
Town Council endorsing rezoning application #ZM-109, Edward's
Landing and expressing intent to approve the application upon
entry of the Court Order to allay its lender's concerns:
THEREFORE, BE IT RESOLVED by the Council of the Town of
Leesburg in Virginia as follows:
SECTION I. That rezoning application #ZM-109, Edwards
Landing by Pinnacle Development Corporation is hereby endorsed
and that intent to adopt an ordinance approving the rezoning
application, as proffered, following entry of the Court Order
approving the boundary line adjustment is hereby stated and
acknowledged. Upon enactment, the ordinance approving the
rezoning application shall amend the Leesburg Zoning District Map
from R-i, Residential to PRN, Planned Residential Neighborhood
subject to proffers dated June 5, 1990 (Revised), a copy of which
is attached as Exhibit A, as it concerns the 154.59 acres
identified as Loudoun County Tax Map Parcels 49-1F, 49-1H, 49-1I
and 49-1 to allow for development of a maximum of 407 residential
units with a net density of 2.62 dwelling units per acre.
SECTION II.
adoption.
ADOPTED this
ATTEST:
Clerk of/ouncil
This Resolution shall be effective upon its
6th day of August
, 1990.
Robert E. Sevila, Mayor
Town of Leesburg
PotomacX/Resol.
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EXHIBIT A
EDWARDS LANDING
(ZH-XOO)
OCTOBER 3; 1989
NOVEMBER 4; 1989
JANUARY 19, 1990
MARCH 21, 1990
APRIL 11, 1990
APRIL 27, X990
~Ub'B $, X990 (Revised)
Pursuant to Sections 15.1-491(a) and 15.1-491.2 of the Code
of Virginia (1989, Cumulative Supplement) and Section 13A-12 of
the Zoning Ordinance of the Town of Leesburg in Virginia (1990),
the applicant and record title owner of Loudoun County Tax Map
Parcels 49-1F, 49-1H, 49-1I, and 49-1, Pinnacle-Ryan Associates,
a Virginia General Partnership (the "Applicant"), hereby proffers
that, in the event that the Town Council of the Town of Leesburg
in Virginia grants a rezoning of the four above-referenced
Loudoun County Tax Map Parcels ("Subject Property") from the R-1
to the PRN zoning district and approves the accompanying Concept
Development (Rezoning) Plan, dated April, 1990, proposing a
development of 407 residential dwelling units on approximately
154.59 gross acres, development of the Subject Property shall
take place in substantial conformance with the proffered
conditions listed below.
1. 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
owned by the Applicant located between the Subject Property and
the commercial zoned parcel proposed for development of the Fort
Evans (Pence Friedel) shopping center, possessing six hundred
feet (600') in length. Dedication 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, shall be accomplished by documents
and forms approved by the Town Attorney, and shall be to the Town
of Leesburg (the "Town").
2. 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 concurrent 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 completed prior to issuance of the last zoning
permit for this townhouse section.
3. 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 shall be placed by the Town in a fund for the
development of public facilities at Ida Lee Park as the Town
deems appropriate.
4. 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
(Rezoning) 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 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.
5. 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 (Rezoning) Plan:
ae
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,
be
a picnic pavilion or shelter with concrete
flooring,
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Co
a woodchip trail leading to and from the Potomac
River as shown on Sheet 7 of 16 on the Concept
Development (Rezoning) Plan which shall possess a
minimum width of six feet (6'),
de
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 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.
6. The Applicant shall design and construct the following
private recreational facilities in the area located at the
northwestern quadrant of the intersection of Edwards Ferry Road
and the Battlefield Parkway as shown generally on Sheets 6 and 11
of 16 on the Concept Development (Rezoning) Plan:
a®
a six-lane, twenty-five meter swimming pool,
possessing a minimum of 3,200 square feet in area,
be
a shallow wading pool for small children,
possessing a minimum of 500 square feet in area,
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 (Rezoning) 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,
de
a clubhouse with lockers, shower facilities,
storage area, and small office/reception area,
possessing a minimum of 2,500 square feet in area,
e®
two tennis courts constructed of asphalt base with
"Har-tru" surface treatment materials, and
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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 (Rezoning) 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 townhouse 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 the issuance of the eightieth (80th) zoning permit and shall
be completed within eight (8) months thereafter.
7. 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 toward 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.
8. 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 (Rezoning) Plan.
Dedication shall take place at time of record subdivision plat
approval for those residential development sections adjacent to
Battlefield Parkway, shall be free and clear of all liens and
encumbrances, shall be accomplished by documents and forms
approved by the Town Attorney, and shall be to the Town. ,
9. 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 (Rezoning) Plan. Two lanes of the four-lane divided
section shall be constructed concurrent 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
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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 four hundred seventh
(407th) 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.
10. The Applicant shall provide berming and landscaping, as
shown generally on the Concept Development (Rezoning) 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.
11. The Applicant shall provide a six-foot (6') wide
natural woodchip trail in the stream valley of Cattail Branch to
provide access to this environmental quality corridor as shown
generally on the Concept Development (Rezoning) 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 west of Cattail Branch in
accordance with the "Phasing Plan" attached as Sheet 8 of 16 on
the Concept Development (Rezoning) Plan and shall be completed
concurrent with construction of the public recreational
facilities referenced in Proffer 6, above.
12. 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
(Rezoning) Plan.
13. Development of residential units on the Subject
Property shall be accomplished in general conformance with the
"Phasing Plan" attached as Sheet 8 of 16 on the Concept
Development (Rezoning) 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."
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14. 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 (Rezoning) 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:
all single-family detached dwelling units which have a
chimney shall have a masonry chimney,
be
a minimum of twenty percent (20%) of all townhouses and
single family detached dwelling units shall have brick
frontage facades,
Ce
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
no more than two (2) units of the same architectural
style will be located adjacent to each other.
15. 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 shall design and
construct at least one of the on-site stormwater management
facilities as a "wet" 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 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 the Town Land
Development Official.
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17. The Applicant shall refrain from grading activities in
all open space areas possessing slopes greater that 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.
18. The Applicant shall file a traffic study and
intersection analysis concurrent with the filing of the first
preliminary subdivision plat for the Edwards Landing development.
19. 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 the Zoning Ordinance of the Town of Leesburg for
an "S-3" screen, as shown generally on Sheet 5 of 16 on the
Concept Development (Rezoning) Plan and shall use best efforts to
preserve monarch cedar trees existing in the aforesaid 50-foot
screening area.
20. All monetary contributions stated in these proffers
shall be subject to adjustment from the date of final rezoning
approval at a rate equal to any fluctuations in the Consumer
Price Index (C.P.I.) from the date of final rezoning approval.
21. 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.
22. The Applicant shall dedicate the approximately 0.65-
acre area shown generally on Sheet 7 of 16 on the Concept
Development (Rezoning) Plan as "Pump Station" and shall dedicate
free and clear of all liens this area to the Town on forms and
documents approved by the Town Attorney at time of subdivision
plat approval for the residential section immediately adjacent to
the "Pump Station".
23. 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 (Rezoning) 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
7
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.
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 (Rezoning) Plan, and the requested Zoning Ordinance
Modifications, special exceptions, and variations referenced in
the Concept Development (Rezoning) Plan.
By:
Pinnacle-Ryan Associates, a
Virginia General Partnership
Appl icant/Record Title Owner of
Loudoun County Tax Map Parcels 49-
1F, 49-1H, 49-1I, and 49-1
Pinnacle Development Corporation,
General Partner
By:
Gerald Strasbaugh, President
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
I, the undersigned notary public, in and for the state and
county aforesaid, do hereby certify that GERALD STRASBAUGH, as
President of Pinnacle Development Corporation, whose name is
signed to the foregoing document on behalf of the corporation,
appeared before me and personally acknowledged the same in my
jurisdiction aforesaid.
GIVEN under my hand and seal this
1990.
day of ,
Notary Public
My Commission Expires:
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