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HomeMy Public PortalAbout1996_04_09_R063The Town of Leesburg, rg ma PRESENTED April 9 ~ 1996 RESOLUTION NO. 96-63 ADOPTED April 9, 1996 A RESOLUTION: MODIFYING THE ZONING ADMINISTRATOR'S PROFFER DETERMINATION BY ACCEPTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION COMMITMENT TO CONSTRUCT THE INTERSECTION IMPROVEMENTS AT THE ROUTE ?/15 BYPASS AND SYCOLIN ROAD WHEREAS, on September 26, 1990, the Town Council approved #ZM-116, Ordinance No.90-0- 26 approving the rezoning for Stratford in Leesburg, such ordinance was subsequently modified and amended by #ZM-130, Ordinance No.91-0-32 dated July 31, 1991, and #ZM-138, Ordinance No.94-0-17 dated May 31, 1994 (collectively referred to as the "Stratford Rezoning"); and WHEREAS, subsequent to the approval of the "Stratford Rezoning", VDOT committed to fully fund and construct certain improvements to Sycolin Road at its intersection with the Route 7/15 Bypass which were proffered by the "Stratford Rezoning"; and WHEREAS, VDOT has prepared a Sycolin Road and Route 7/15 Bypass intersection design consistent with VDOT policies for field inspections; and WHEREAS, on January 5, 1996, the zoning administrator determined that Proffer 6.A. 1 of ZM- 138-Stratford, will not be satisfied until the final road design is completed for a four-lane undivided roadway from Route 7/15 Bypass to approximately 300 feet south of Hope Parkway; and WHEREAS, on January 15, 1996, Stratford Associates, L.C. and the Stowers Family Farm (collectively referred to as "Stratford"), as the current owners of the project known as Stratford in Leesburg (the "Project"); filed an appeal of the zoning administrator's determination dated January 5, 1996; and WHEREAS, the VDOT intersection improvement design and the Project's Sycolin Road improvements design provide a four-lane undivided roadway design from the Route 7/15 intersection to approximately 300 feet south of Hope Parkway as required by Proffer 6.A. 1; and THEREFORE RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. Proffer 6.A. 1 will be considered fulfilled upon the following conditions being met: (I) The Town will consider VDOT's intersection design completed and approved for this purpose at a time when VDOT issues a "Notice of Willingness to Hold a Public Hearing" for the VDOT intersection Proffer Interpretation Appeal - ZM-138 improvements. (2) Thc approval by the Director of Engineering and Public Works (DEPW) of thc plans submitted by Bowers and Associates for the Project's Sycolin Road improvements, from the terminus of the VDOT intersection improvements to approximately 300 feet south of Hope Parkway. (3) The Project's Sycolin Road design shall be compatible with the vertical and horizontal alignment of Sycolin Road as established by VDOT's intersection design shown on plans issued by VDOT with the issuance of a "Notice of Willingness to Hold a Public Hearing" for the intersection improvements. However, the Project's Sycolin Road improvements design shall not be required at this time to reflect the compatibility of all utilities, but such compatibility of utilities shall be provided pursuant to Section III hereof. SECTION II. Any request for a public hearing regarding VDOT's intersection design subsequent to the "Notice of Willingness to Hold a Public Hearing" will not preclude the recordation and construction of any plan approved by the Town for the Sycolin Road improvements, Hope Parkway, the Project's Stormwater Management Facility and the initial residential phases to be developed by Stratford (Phase A-Townhouse Lots, and Phase B-Single Family Lots). SECTION III. Any subsequent modifications required to the Project's Sycolin Road improvement plans or related plans to ensure alignment with VDOT's final intersection improvement plans will be the responsibility of Stratford or assigns. SECTION III. Stratford may request the Town Council to reconsider this Resolution if continued design revisions to VDOT's intersection improvement plans delay the issuance of the Notice of Willingness to Hold a Public Hearing beyond May 1, 1996. PASSED this 9th day of April ,1996. ATI~EST: Clerk of Council R:stratpi4 oweS E. Clem, Mayor n of Leesburg