HomeMy Public PortalAbout1988_06_22_O019ORDINANCE NO.
AN ORDINANCE:
PRESENTED June 22, 1988
88-0-19 ADOPTED June 22, 1988
AMENDING THE ZONING DISTRICT MAP FOR REZONING APPLICATION
#ZM-80 BY ALAN I. KA¥/ROYCO
WHEREAS, Rezoning Application #ZM-80 by William L. Bryant, Trustee, was
received and referred by the Town Council to the Planning Commission for
review and recommendation on August 13, 1986; and
WHEREAS, Rezoning Application #ZM-80 was amended by the applicant on
September 23, 1986, to request a blanket special exception for commercial
office use; and
WHEREAS, a Planning Commission public hearing on this application was
deferred until November 20, 1986, at the applicant's request; and
WHEREAS, the applicant voluntarily extended the deadline for Planning
Commission consideration from December 18, 1986, to a date 30 days
following submission of a transportation study by the applicant; and
WHEREAS, the applicant was revised from William L. Bryant, Trustee, to
Alan I. Kay on April 30, 1987; and
WHEREAS, the applicant submitted the transportation study noted above
on May 20, 1987; and
WHEREAS, the applicant voluntarily deferred further consideration of
this application until completion of the town's Route 654 South Battlefield
Parkway Alignment Study; and
WHEREAS, the Planning Commission renewed consideration of this
application on October 22, 1987; and
WHEREAS, the applicant submitted a revised concept plan for the
property in November 1987; and
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ORDINANCE - AJ~NDING THE ZONING DISTRICT MAP FOR #ZM-80
WHEREAS, on December 10, 1987, the Airport Commission recommended
conditional approval of this application; and
WHEREAS, the Planning Commission recommended approval of this
application, including the office special exception, subject to draft
proffers submitted by the applicants on November 20, 1987, and additional
conditions on January 7, 1988; and
WHEREAS, the Council held a public hearing on this application on
February 24, 1988, prior to which properly executed proffer statement was
not submitted; and
WHEREAS, a second Council public hearing was held on April 13, 1988,
to consider the application in conjunction w~th a properly executed proffer
statement for this application; and
WHEREAS, a revised proffer statement was submitted by the applicant on
June 22, 1988, which does not increase the intensity of the proposed use
and which results in greater public benefit from the proposed rezoning; and
WHEREAS, this rezoning is in general 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:'
SECTION I. The Leesburg Zoning Ordinance is amended to revise the
zoning district map to change from County R-1 and A-3 to County PD-IP a
51.36-acre parcel of land located on the west side of Sycolin Road (Route
643) and bounded by Long Lane on the north, lands of Richlynn Development,
Inc. on the south, the Town of Leesburg on the west and Sycolin Road on the
east, as depicted on the rezoning plat for this property prepared by
Michael L. Oxman & Associates, Ltd., dated July 21, 1986; subject, however,
to the following conditions proffered in writing by the property owners and
applicants in accordance with Section 15.1-491(a) of the Code of Virginia,
as amended, and the Leesburg Zoning Ordinance:
1. Concept Plan. The applicant proffers that it will develop the
subject tract in general conformance to the Concept Plan dated January 12,
1987, revised June 9, 1988, and prepared by Patton, Harris, Rust and
Associates (hereinafter identified as the "Concept Plan") and incorporated
as Attachment 1 hereto'.
2. Land Uses.
A. The applicant will not develop more than fifty percent (50%)
of the total allowable FAR on the property as commercial office building
use,
B. The applicant will provide a use buffer of commercial office
along the northern boundary of its property; i.e., along existing Route
654, to the extent that, but only so long as, the portion of the property
now owned by N. V. Land (Stratford) lying north of and adjacent to existing
Route 654 and immediately juxtaposed to the northern boundary of the
applicant's property is zoned for residential development.
3. Donation of Property for Airport Use. A. The applicant shall
reserve until Jan. 1, 1990, property in the amount of up to 1.4 acres as
indicated on the Concept Plan, for future dedication to the Town of
Leesburg or purchase by the FAA for the purpose of incorporating therein a
portion of an Instrument Landing System (ILS) for the benefit of air
traffic on the Leesburg Municipal Airport. If dedicated to the town,
dedication shall be conditioned by covenant to insure that the use of such
land by the Town of Leesburg is for the benefit of an ILS and for no other
purpose not agreed to by the applicant. In the event the town requests the
land to be dedicated, the applicant shall receive a credit against its
proffered cash donation to the Leesburg Regional Transportation Fund in the
amount of ONE HUNDRED SIXTY-SEVEN THOUSAND SEVEN HUNDRED AND SIX DOLLARS
($167,706.00). The Town of Leesburg shall effect said credit by forgiving
the applicant the first ONE HUNDRED SIXTYwSEVEN THOUSAND SEVEN HUNDRED AND
SIX DOLLARS ($167,706.00) it would otherwise owe under Transportation
Proffer 3, below.
B. The applicant will convey to the Town of Leesburg the portion of
ground of 2.383 acres designated as "site area subject to easement agreement
with the Town of Leesburg" on the applicant's Concept Plan for the sum of
ONE HUNDRED EIGHTY-ONE THOUSAND SIX HUNDRED FIFTY-SIX DOLLARS ($181,656.00)
plus interest at the rate of one percent over Prime Rate as established from
time to time by Sovran Bank if such conveyance does not occur prior to
September 30, 1988.
:~}IDi::A}:CE - J2!ii,:D!!{G TRK Zn, l:lllG DISTRICT i.:AP
4. Transportation.
A. The applicant will develop its internal road network,
including Miller Drive, in substantial conformance with the Concept Plan.
Ail internal roads will be constructed to Town and VDOT standards.
B. The applicant will dedicate 60-95 feet from centerline of
Route 643 across its eastern frontage for purposes of the widening of said
public right-of-way as per the Concept Plan and shall construct thereon
across said frontage a half-section of an ultimate four-lane, divided
highway in accordance with Town and VDOT standards. In addition, the
applicant will construct appropriate acceleration/deceleration lanes along
Route 643 at the entrance to its property as may be required by the
regulations of VDOT and the Town. The construction provided for in this
section (2) shall be bonded for construction in accordance with Toun~
Regulations at the time of first site plan approval or first subdivision
approval, whichever is first in time.
C. In addition to the foregoing, the applicant will make a cash
contribution to the Leesburg Regional Transportation Fund in the amount of
SIXTY CENTS ($.60) per FAR square foot for uses other than commercial office
and NINETY CENTS ($.90) per FAR square foot for commercial office
use. Contribution shall be made as construction of such square footage is
approved in the form of zoning permits. The value of such contribution
shall increase annually at a rate equal to the increase during each twelve
month period after the approval hereof of the McGraw-Hill, Inc.,
Engineering News Record Construction Cost Index.
D. The applicant will not apply for zoning permits for more than
fifty percent (50%) of the total FAR square footage allowable on the
property until after December 3I, 1991, and will not apply for occupancy
permits for more than fifty percent (50%) of the total FAR square footage
allowable on the property until after December 31, 1992.
5. Compatibility With Airport Use.
A. The applicant will comply with the Federal Aviation Agency's
"7:1" building height from runway ratio in establishing the height of the
buildings on the property.
B. The applicant will provide to the Town Engineer at the time
of zoning permit approval a plan for noise attenuation for any structure to
be occupied that is proposed to be constructed within the Ldn 70 noise
contour as depicted on the Concept Plan.
6. Fire Fi~htin~ Donation. The applicant shall donate a sum equal
to FIVE CENTS ($.05) per FAR square foot developed on the property to
Loudoun County for the use of the Leesburg Volunteer Fire Company. Such
donation shall be made at the time of zoning permit approval for such
development.
7. Architectural Controls. At the time of application for record
plat, the applicant shall submit for Town approval a Declaration of
Restrictive Covenants which by its terms shall establish an architectural
review board made up of the applicant and/or its successors in interest to
enforce restrictive covenants that will accomplish the following:
A. Impose uniform signage standards.
B. Impose a permitted list of building materials, including
brick and block, precast concrete, or concrete aggregate tilt wall material.
C. Require that all land that is developed and not occupied by
buildings or parking areas be landscaped.
D. Require that any buildings constructed on the subject
property conform in general quality of exterior facade to that of existing
Building "G" of the Leesburg Airpark Business Center.
To assist the Town in evaluating conformance with (b) and (d)
above, the applicant will provide the Town Zoning Administrator, prior to
obtaining a zoning permit for construction, general elevations of any
building to be constructed on the property in sufficient detail to allow
the Zoning Administrator to determine such conformance. The applicant wil'l
wait up to five (5) working days after submitting such elevations before
applying for its building permit for such building.
8. Environmental Matters.
A. The applicant shall establish a tree buffer from the edge of
the existing property line fronting on Route 654 a depth of 100 feet on the
wooded portion of the property as depicted on the Concept Development Plan
and a tree buffer from the edge of the ultimate (i.e., after dedication)
boundary of the property fronting on Route 643 to the Building Restriction
Line (BRL) as depicted on the Concept Development Plan. The applicant
shall also establish a tree buffer of twenty-five (25) feet in depth (12.5
feet to each side) along the interior lot lines of the project on the
wooded portion of the property. Both such buffer areas shall be
accomplished to the extent that good engineering practices on the remainder
of the property allow. Further, the applicant shall submit a landscape and
tree preservation plan at development plan stage which identifies and
preserves to the greatest extent possible, consistent with reasonable
economic and engineering considerations, any trees with a diameter of ten
(10) inches at a height of five (5) feet from ground.
B. The applicant shall have prepared'at its expense a Type I
geotechnical report pribr to first-subdivision or first site plan
application, whichever is first in time.
SECTION II. A special exception for commercial office use on the
property is approved in accordance with Sections 722.3.2 and 1211-i[211.6
of the Loudoun County Zoning Ordinance, as adopted and administered by the
Town; subject, however, to the same conditions established for the
rezoning under Section I above.
SECTION III. This ordinance shall be in effect upon its passage.
A~=~T)T~,.T~ ~?? v~???-?~ D!ST?.!CT ~'~J~P FOR ?,-~,.-¢,,
PASSED this 22nd day of
ATTEST:
Clerk of
June , 1988.
Robert E. Sevila, Mayor
~own of Leesburg