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HomeMy Public PortalAbout1991_06_25_R146The Town of Leesburg, irginia RESOLUTION NO. A RESOLUTION: PRESENTED June 25 ~ 1991 91-146 ADOPTED June 25, 1991 INITIATING AND REFERRING AN AMENDMENT TO APPROVED REZONING APPLICATION #ZM-116 STRATFORD IN LEESBURG TO THE PLANNING COMMISSION FOR JOINT PUBLIC I-IE. ARING WITH TOWN COUNCIL UNDER CHAPTER 11, TITLE 15.1-431 OF THE 1950 CODE OF VIRGINIA, AS AMENDED. WHEREAS, rezoning application #ZM-116 Stratford in Leesburg was approved by Town of Leesburg Ordinance No. 90-0-26 on September 26, 1990; and WHEREAS, included in the voluntary conditions proffered in writing by the property owner, Evergreen Mills investments, is the dedication of land on-site for the Dulles Toll Road Extension as well as the dedication of land off-site, known as the Orchard Tra~ for a public high school site; and WHEREAS, on June 12, 1991 the Leesburg Zoning Administrator requested that the property owner immediately dedicate, fee simple, free and clear of all liens, to the Toll Road Corporation of Virginia, or its successors-in-interest, the land area designated on approved Rezoning Plan A for the extension of the Dulles Toll Road (Route 267) in accordance with proffer #14; and WHEREAS, Evergreen Mills Investments has defaulted on the various Deeds of Trust encumbering the Stratford property securing funds loaned by the Stowers family and Sovran Bank; and WHEREAS, on June 21, 1991 the town received a written request on behalf of the parties possessing ownership interest in the Stratford property, identified as Loudoun County Tax Map 48, Parcels 66, 66A and 73, requesting that proffer #13 regarding the dedication of the Orchard Tract high school be amended prior to the Dulles Toll Road Extension right-of-way dedication taking place; and WHEREAS, the Town of Leesburg desires to consider this proposal in effort to facilitate the Dulles Toll Road Extension dedication and construction: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Leesburg hereby initiates consideration of an amendment to approved rezoning application #ZM-116 Stratford in Leesburg, proffer #13, as requested, to allow non-refundable residential pro-rata cash contributions into a "School Site Acquisition Fund" in lieu of the 62 acre Orchard Tract dedication. -2- INITIATING AND REFERRING AN AMENDMENT TO. APPROVED REZONING APPLICATION #ZM-116 STRATFORD IN LEESBURG TO THE PLANNING COMMISSION FOR JOINT PUBLIC HEARING WITH TOWN COUNCIL UNDER CHAPTER 11, TITLE 15.1-431 OF THE 1950 CODE OF VIRGINIA, AS AMENDED SECTION II. A joint public hearing with the Planning Commission and the Town Council shall be held on July 23, 1991 regarding the proposed proffer amendment pursuant to Section 15.1- 431 of the 1950 Code of Virginia, as -mended. A Notice of Public Hearing to consider the proposed proffer amendment to #ZM-116 Stratford in Leesburg shall be published in the Loudoun Times-Mirror on July 3, 1991 and July 10, 1991 for public hearing on Tuesday, July 23, 1991 at 7:30 p.m. in the Town Council Chambers, 25 West Market Street. Leesburg, Virginia. SECTION III. The Manager is directed to notify the Loudoun County School Board of the proposed proffer amendment and of the joint public hearing date. PASSED this 25th day of June , 1991. Robert E. Sevila, Mayor Town of Leesburg ATTEST: Clerk of Council