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HomeMy Public PortalAbout1986_08_27_O041 ZM 74 - Poretsky,eesourg in ~Virginia ORDINANCE NO. 86-0-41 PRE SE NTE D AMENDED ADOPTED August 27, 1986 August 27, 1986 August 27, 1986 AN ORDINANCE: AMENDING THE ZONING MAP FOR ZONING MAP AMENDMENT APPLICATION #ZM-74 - MARTIN H. PORETSKY, TRUSTEE WHEREAS, rezoning application #ZM-74 by Martin H. Poretsky, Trustee, was initiated and referred to the Planning Commission for recommendation on January 22, 1986; and WHEREAS, the Planning Commission held a public hearing on this application on March 6, 1986; and WHEREAS, the Planning Commission recommended to Council approval of this rezoning request on April 17, 1986, with conditions; and WHEREAS, the property owners submitted a proffer statement prior to the Council public hearing proffering certain conditions to be associated with this rezoning; and WHEREAS, the Council held a public hearing on this application on June ll, 1986; and WHEREAS, the property owners subsequently submitted revised proffers dated August 27, 1986, which further restrict the intensity of the proposed zoning map amendment; and WHEREAS, this proposed amendment is in conformance with the Town Plan and is in the best interest of the public necessity, convenience, general welfare, and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: -2 - AMENDING THE ZONING MAP FOR ZONING MAP AMENDMENT APPLICATION #ZM-74 - MARTIN H. PORETSKY, TRUSTEE SECTION I. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change from A-3 to PD-IP 23.5 acres of land located on the north side of Route 7 and bounded by P & K Cassidy et al and T. G. Crouch on the west, Thomas G. Crouch on the north and east, and Route 7 on the south, as described on the zoning plan prepared by Kamber Engineering dated December 1985, as revised August 11, 1986; to include blanket use of commercial office buildings and a maximum of 20,000 square feet of ancillary uses as per Section 722.3.2 of the Loudoun County Zoning Ordinance as administered by the town in the annexation area; and to include modification of building setbacks in Section 722.6.2 of the County Zoning Ordinance to 45 feet for buildings and 30 feet for parking, subject to the following proffered conditions submitted in accordance with Section 15.1-491(a) of the 1950 Code of Virginia, as amended: (1) Applicant shall dedicate in fee simple (free and clear of liens) and construct the on site public streets generally as shown on the submitted Concept Development Plan dated 11 August 1986, (See Exhibit ! attached) in accordance with the Virginia Department of Highways and Transportation and Town Standards. Dedication of the right-of-way shall be sixty (60) feet, as shown on the attached Concept Development Plan dated the llth day of August, 1986, and will occur at time of record plat subdivision approval of the subject property or at final site plan approval. Construction of such streets shall occur in phases as the project is developed. - 3- (2) NotWithstanding the by right and ancillary uses allowed in the PD-IP zone, pursuant to the Loudoun County Zoning Ordinance, Applicant does proffer that the subject.property will not be used for any of the following specified uses: Manufacture and processing of photographic equipment, drugs,~ medicines, pharmaceuticals'and computatio~ equipment. (3) ..Applicant will, at site plan approval stage, bond, and will co~stru.ct, in' conjunction with construction of the first building, acc~Im[ation~and deceleratio~ lanes and a p~blic s%reet-entrance on Route 7 pursuant to'standards of the Virginia Department of Highways and Transportation and the Town of Leesburg~ The form of the bond'shall be as approved by the Town Attorney. (4) In conjunction with construction of the first building, the Developer will construct a buried potable water ~uppIy main froTM the existing Leesburg water distribution system on California Road (Route 773), east'along California Road, then southward across the Crouch property across the property of the Contract Owner connecting to the existing Leesburg supply main on the south 'side of Route 7. (5) At time of site plan approval for the first building on the property, Applicant will bond with the Town for the construction of a 'sewerage disposa! gravity system to service this entire property. The bond shall be for a period of five (5) years, (o~ one (i) year renewal bonds), or as otherwise may be agreed between the Town and Applicant. In the event construction of the gravity sewerage system is impeded or delayed due to the non-availability of offsite easements, then Town agrees not to call the bond set forth above and will extend the time of performance thereunder for a reasonable period of time to allow any problems relative to such easements -4- to be resolve~. It is the intention of the parties that this bonding arrangement will assure the Town that a gravity sewerage system will be developed to serve the property notwithstanding the interim sewerage arrangements set forth more fully in this paragraph.' For the initial buildings to be constructed on the subject property (up to an aggregate not to exceed 120,000 square feet), the developer may construct and use an interim sewerage pumping station and connect to the existing force main COnstructed by the developer of the Carradoc Hall Motel. Utilization of the above interim sewerage arrangement WilI be subject to reasonable approval by the Town Director of Engineering based on sound engineering practices. Prior to receipt of occupancy permits for any aggregate building square footage in excess of 120,000 square feet, the developer will have operational a gravity sewer, which will replace the interim sewerage pumping station. The gravity sewer will run southward, cross under Route 7 and connect directly to the Town of Leesburg Wastewater Treatment Facilities. (6) Development of the property shall be in conformity with the Concept Plan dated 11 August 1986 submitted herewith, which shall control the general layout and general configuration of the property with allowance to be made for e~gineering and design alteration at time of actual subdivision and/or site plan approvals. ~ (7) The Applicant Contract Owner agrees to contribute up to the aggregate sum of ONE HUNDRED SIXTY-SEVEN THOUSAND NINE HUNDRED DOLLARS ($167,900.00) based on the projected total square footage of the overall project, end-set forth in the application materials, under the terms' and conditions stated hereinafter as its pro-rata share toward the construction of off site improvements along Route 7 in relation to a future parallel -5- collector road north of Route 7, a connector from the subject property to the collector road, a future Route 654/Route 7 interchange, or other off site road improvements directly benefiting the subject property. The Applicant's donation shall be in the form of cash contributions equalling FORTY-SIX CENTS ($0.46) per square foot of buildings actually developed on the subject property, which funds shall be paid into an escrow account established by the Town of Leesburg for the specific purpose of financing construction of such improvements. The Applicant, or successor in interest to the Applicant, as the case may be, shall make said payments to the Town of Leesburg at the time of the receipt of zoning and building permits for construction of individual buildings on the property. The above contribution of FORTY-SIX CENTS ($0.46) per square foot may increase or decrease based on the ENR (Engineering News Record) Cost Index using the month and year of zoning approval as the base index and to be determined by the change between such base and the ENR Cost-Index existing at the time of issuance of zoning permits for construction of individual buildings on the subject property. The change reflected by the change of Index may be an increase or a decrease, but in no event shall the increase be greater than TWENTY-FIVE PER CENT (25%) of the base per square foot figure. (8) Applicant agrees to dedicate, without compensation, its limited access rights on Route 7 unto VDH&T at such time as is needed for VDH&T to implement the limited access program of the Route 7 Corridor Access Study as ultimately adopted, including the reasonable effort to acquire, by purchase or otherwise, of limited access rights to all other access points for all other pro- perties along Route 7 from the eastern line of the Town on Route 7 to the Route 15 By-Pass. Notwithstanding the dedication of such access rights, Applicant will - 6 - continue to retain and exercise its legal and physical direct connection to Route 7 until physical construction and implementation of the improvements set forth in Paragraph 9 below. (9) Applicant's property is currently located and fronting on the north side of Route 7 and its access is obtained by direct connection to Route 7 and an existing median break opposite the entrance to the property. Town and Applicant wish to assure that sufficient public access be provided at all times to the property. However, Town does desire that, at some point in the future, as hereinafter more fully defined, that Applicant will relinquish their right to oppose and/or seek compensation for any closure of its direct connection to Route 7. To this end, Applicant hereby agrees that upon the occurrence of the condition below, that Applicant will thereafter will not oppose closure of its direct connection to Route 7 and will further not seek compensation for any such closure that may occur: CONDITION: The adoption by the Town, of the Route 7 Corridor Access Study and the implementation of such Plan including, without limitation, the construction and substantial completion of the several components of such Plan including, the construction of a grade separated interchange at the relocated Route 654 and Route 7, a connection to that interchange by the north extension of Route 654 north of Route 7, and a public collector road system providing direct public access to the subject property as generally illustrated on Exhibit 2 attached. The compliance of Applicant with the provisions of this Paragraph 9 is hereby conditioned upon the Town not seeking closure of the direct connection to Route 7 of the subject property until the occurrence of the conditions set forth in this Paragraph 9. - 7 - (10) Not later than the time of site plan approval for the first building to be placed on'.the property, Applicant will submit to the Town for review and approval, Protective Covenants, (which will be recorded in the land records), which will include provisions covering, but not necessarily limited to, the following items: (a) General architectual treatment of building facades. (b) Uniform signage. ' (c) Landscaping standards and maintenance. (ti) (a) The architectural design for each building should contain adequate fenestration and high quality exterior building materials to convey a campus style office park environment. The office park shall have a quality of design consistent with the building illustrated in the attached rendering (See Exhibit 3) which represents general ~chitectural style and quality of materials to be used. (b) Consistent with (11) (a) above, no premanufactured metal buildings will be permitted. (c) Architectural elevations of the building shall be submitted to the Town at the time application is made for zoning permit approval. No zoning permit shall be issued for any building on the property until the Land Development Official (LDO) has certified that the drawings submitted to 'the LDO are in compliance with (11) (a) and (b) above. The LDO shall respond in writing to the party submitting such plans in writing within three (3) working days, with respect to said certification. In the event such official does not certify complian'ce of such plans, by letter, then the specific reasons for refusing to certify compliance shall be set forth in the correspondence in su'fficient detail as to provide the submittor with - 8- guidance as to how to modify such plans to obtain approval. The submittor will review the comments of the land development official and shall resubmit such drawing. The land development official shall respond to submitter within three (3) working days to the resubmission. In the event the resubmission is denied, then the submittor shall select an architect, the Town shall select an architect, and the two architects so selected shall select a third architect; such selections to occur within ten (I0) days after submittor requests such review. The three architects shall review the submission, as revised', pursuant to the standards set forth in Paragraph 11 (a) and (b), and shall render'a decision in writing to the submittor and the Town within twenty-one (21) days of submittor's request for review. Such determination of approval or denial shall be binding on the submittor and the Town unless they shall otherwise agree. Costs for such architectural services shall be borne equally by the submittor and the Town. In the event of a denial, the submittor shall have the right to make additional submissions and the procedure for such additional submissions shall be the same as outlined above. SECTION II. This ordinance shall be in effect upon its passage. PASSED this 27th day of August , 1986. ATTEST: Clerk of ~uncil Charles J. ~illiams, V~i~e-I~{ayor Town of Leesburg