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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 -2- 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