HomeMy Public PortalAbout2005_02_23_r035The Town of
Leesburg,
Virginia
RESOLUTION NO.~
A RESOLUTION:
PRESENTED February 23:2005
ADOPTED February 23:2005
AFFIRMING THE ZONING ADMINISTRATOR'S INTERPRETATION
OF THE SEWER & WATER EXTENSION PRO-RATA
REIMBURSEMENT FUND CONTRIBUTION EXEMPTION FOR #ZM-
116 STRATFORD PLANNED RESIDENTIAL COMMUNITY
WHEREAS, on July 31, 1991, Council approved rezoning #ZM-116 to amend the
Stratford Planned Residential Community with proffers and a concept plan; and
WHEREAS, on June 22, 2004 Mr. David C. Culbert, Esq., as agent and counsel for Ryland
Group, Inc., requested a proffer interpretation regarding Proffer 21 of#ZM-116; and
WHEREAS, on November 4, 2004, the Zoning Administrator issued a proffer interpretation
that Proffer 21, if enforceable at all, does not entitle a developer to relief from water pro-rata
contributions for money expended relocating a trunk sewer line; and
WHEREAS, on December 2, 2004, Mr. Culbert filed an appeal on behalf of Ryland Group,
Inc. to the Leesburg Town Council as authorized by Section 15.2-2301 of the 1950 Code of
Virginia, as amended; and
WHEREAS, on February 7, 2005 Council heard the appeal; and
WHEREAS, Council has determined that Proffer 21 does not permit the developer to use
money expended to relocate a trunk sewer line to off-set contributions to the Route 643 Water Line
Reimbursement Fund.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The Town Council hereby affirms the zoning administrator's determination
-2-
A RESOLUTION: AFFIRMING THE ZONING ADMINISTRATOR'S INTERPRETATION OF
PROFFER 21 FOR #ZM- 116
that Proffer 21 is not enforceable because it purports to relieve the applicant of an obligation and it
was submitted after the public hearing started.
SECTION II. Alternatively, the Town Council hereby affirms the zoning administrator's
interpretation of Proffer 21 under #ZM-116 and confirms that if enforceable at all, it does not
permit a developer to obtain relief from water line reimbursement fund pro-rata contributions for
money expended on relocating a trunk sewer line, but that relief from water line reimbursement
fund pro-rata contributions is available for money expended to relocate the tmnk water line and
vice versa.
PASSED this 23xd day of F. ehma~ 2005.
C~rk of Council
R05 :TCA-2004-02-Affirm
· C. Urhstattd, M~ty~ (,.
Town of Leesburg