HomeMy Public PortalAbout1988_06_22_O020in rir inia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED Sune 22. 1988
88-0-20 ADOPTED June 22. 1988
AMENDING THE TOWN PLAN AND THE LEESBURG ZONING MAPAND
APPROVING A CONCEPT PLAN AND REZONING PLAN FOR REZONING
APPLICATION #ZM-95 BY EVERGREEN MILLS INVESTMENTS
WHEREAS, an application for a Town Plan Amendment and approval of a
concept plan for a planned development on a 448.79-acre parcel of land on
the south side of the Route 7/15 Bypass referred to as the Stratford
development was submitted by Evergreen Mills Investments on July 2!), 1986;
and
WHEREAS, the Planning Commission held a public hearing on this
application on November 6, 1986; and
WHEREAS, the Planning Commission recommended conditional approval of
this application on November 6, 1986; and
WHEREAS, the Council held a public hearing on the concept plan on
January 13, 1986; and
WHEREAS, the concept plan application was revised and combined by the
applicant with a rezoning application, assigned #ZM-95, to rezone the
property from County R-1 to PRC and PEC on July 8, 1987; and
WHEREAS, the Planning Commission held a public hearing on the combined
concept plan rezoning application on October 15, 1987; and
WHEREAS, the Planning Commission recommended approval of the combined
application with conditions on December 17, 1987; and
WHEREAS, the Council held a public hearing on the combined application
on January 27, 1988, prior to which the applicant and property owner
submitted a signed, notarized proffer statement; and
WHEREAS, the applicant has revised the application and proffer
statement to reduce the potential adverse impacts of the project on the
REZONING APPLICATION #ZM-95 2
co~nunity by contributing a greater amount to town public facilities, while
not increasing the intensity of the proposed uses; and
WHEREAS, this application was referred to Loudoun County in accordance
with the November 1982 Annexation Agreement between the town and county; and
WHEREAS, this rezoning is in conformance with the Town Plan and is in
the best interest of the public health, welfare, convenience and good
zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Concept Plan/Town Plan Amendment and Rezoning Applica-
tion #ZM-95/Rezoning Plan for the Stratford Planned Residential Community/
Planned Employment center dated July 8, 1987, as last revised on June 22,
1988, is hereby approved and the Leesburg Zoning Ordinance is amended to
revise the Zoning District Map to change a 448.79-acre parcel of land from
County R-1 to 386.49 acres in the Planned Residential Community (PRC)
district and 62.3 acres in the Planned Employment Center (PEC) district
generally located on the south side of the Route 7/15 Bypass, and bounded on
the north by lands of Mooney, Pournaras, Hakim Associates, Echols & Cornwell
and Lokey Properties; on the east by Scyolin Road, and on the sou'th by Long
Land and on the west by Evergreen Mill Road (Route 621), and lands of
Loudoun County School Board, Stowers and Worley, as indicated on the
rezoning plat dated April 28, 1988, prepared by Patton, Harris, Rust &
Associates; subject however, to the following conditions proffered in
writing by the applicant and property owner in accordance with Section
15.1-491(a) of the Code of Virginia, as amended:
REZONING APPLICATION #ZM-95
(1) Development of the Property shall be in substantial
conformity with the Rezoning/Preliminary Development Plan
attached hereto as Exhibit "A", which shall control the
density, use, general layout, and general configuration of the
Property, with reasonable allowance to be made for engineering
and design alteration to meet town zoning, subdivision and land
development regulations. Applicant proffers that the amount of
retail commercial development in the mixed-use center of the
Property shall not exceed 250,000 square feet.
(2) Applicant shall dedicate in fee simple (free and
clear of liens) and construct the internal "On Site" public
streets designated on Exhibit "A" in accordance with Town of
Leesburg and Virginia Department of Transportation ("VDOT")
standards. Dedication of the public street rights--of-way,
unless otherwise provided herein, will occur at time of record
plat subdivision approval of the various sections of the
Property and will be subject to approval by the Town Attorney.
Construction of such streets shall occur in phases as the
project develops.
(3) The Applicant, or its successor in interests, agrees
to contribute up to the aggregate sum of ONE MILLION THREE
HUNDRED THOUSAND DOLLARS ($1,300,000.00) (based on the
projected number residential units of One Thousand Three
Hundred (1300)), under the terms and conditions stated
hereinafter as its pro-rata share toward the construction of
off-site transportation improvements. Subject to the
limitations set forth in paragraph 5 below, the donation shall
be in the form of nonrefundable cash contributions equalling
ONE THOUSAND DOLLARS ($1,000.00) per residential unit actually
developed on the Property, which funds shall be paid into an
account established by the Town for the purpose of financing
construction of such transportation improvements and referred
to hereinafter as the "Offsite Roadway Improvement Fund". The
Applicant, or successor in interest to the Applicant., shall
make said payments to the Town on a residential unit by unit
basis prior to the receipt of zoning permits for individual
residential units on the Property.
(4) The Applicant, or its successor in interest, agrees
to contribute up to an aggregate of ONE MILLION EIGHT HUNDRED
FIFTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,852,500.00),
(based on a projected development of commercial and office
facilities of one million four hundred twenty~five thousand
(1,425,000) square feet), under the terms and conditions stated
hereinafter as its pro-rata share towards the construction of
off-site transportation improvements. Subject to the
limitations set forth in paragraph 5 below, the Applicant's
donation shall be in the form of nonrefundable cash
contributions equalling ONE DOLLAR AND THIRTY CENTS ($1.30) per
gross square foot for development of non-residential
REZONING APPLICATION #ZM-95
(commercial and/or office buildings) on the Property. These
funds shall be paid into the "Offsite Roadway Improvement
Fund". The Applicant, or its successor in interest, shall make
such payments on a building by building basis prior to receipt
of zoning permits for the individual buildings actually
constructed on the site. Notwithstanding the above, no
payments under this paragraph shall be required for any
buildings to be devoted to uses such as recreational buildings,
non-profit day care facilities, churches, fire and rescue
facilities, a library, post office, or governmental service
facilities. The dollar amount of financial contributions
proffered in conjunction with commercial and office development
on the Property shall be inflated or deflated until issuance of
zoning permits at the same rate as the cost of the construction
cost index published in the Enqineerinq News Record with a base
line index as published in the month of rezoning approval.
(5) In the event Applicant, or its successor in interest,
either constructs or causes to construct such road improvements
to roads identified elsewhere in these proffers as "off-site
roadways", then to the extent of the cost of such improvements
or monies so provided, there shall be given a direct dollar for
dollar credit against contributions made to the "Offsite
Roadway Improvement Fund" required in Paragraphs (3) and (4)
above. The costs of "offsite roadway" improvements shall
include: all engineering, surveying, bonding, permit fees,
construction costsandutilityrelocation. Intheeventthattheamountof~nonies
paid into the "Offsite Roadway Improvement Fund" by the
Applicant or its successors in interest are insufficient to
cover the construction costs of the "offsite roadway"
improvements constructed or caused to be constructed by the
Applicant, then the Applicant shall initially pay said costs
with the understanding that future contributions into the
"Offsite Roadway Improvement Fund" required under paragraphs
(3) and (4) above will be waived until the costs born by the
Applicant for such "offsite roadway" improvements are
recovered.
(6) The Applicant, or its successor in interest, proffers
to construct or cause to be constructed the following roadway
improvements with regard to Rt. 643 in accordance with the Town
of Leesburg and VDOT standards: 1) a half-section of a four-
lane divided roadway from the southern Property line to
existing Lawson Road with necessary acceleration, deceleration
and turn lanes. This improvement shall be considered to be an
"on-site roadway" improvement; 2) a four-lane, undivided
roadway from existing Lawson Road to the Rt. 643/Rt. 15 Bypass
intersection with necessary acceleration, deceleration and turn
REZONING APPLICATION #ZM-95
lanes and including the possible demolition of the existing Rt.
643. Three lanes of this improvement shall be considered as
"offsite roadway" improvements; 3) interim improvements at the
Rt. 643/Rt. 15 Bypass intersection which shall include: a) a
left turn lane from northbound Rt. 643 to westbound Rt. 15
Bypass; b) extension of the existing left turn lane and/or an
additional left turn lane from westbound Rt. 15 Bypass to
southbound Rt. 643, exclusive of bridge improvements. If VDOT
determines that bridge improvements are necessary for the
above-referenced left turn lane, then the Applicant will
contribute 40% of the cost of the bridge improvements as a
nonrefundable cash contribution at such time as improvements
are constructed. Such improvements, with the exception of the
extension of the existing left turn lane, shall be considered
to be "offsite roadway" improvements; c) if and when a traffic
signal for the Rt. 643/Rt. 15 Bypass intersection is approved
by the Town of Leesburg and VDOT, Applicant will contribute 40%
share of the cost of said traffic signal. This traffic: signal
shall be considered to be an "offsite roadway" improvement; and
d) if and when a traffic signal for the Rt. 643 and Realigned
Rt. 654 intersection is approved by the Town of Leesburg and
VDOT, Applicant will contribute 40% share of the cost of said
traffic signal. This traffic signal shall be considered to be
an "offsite roadway" improvement.
(7) The Applicant, or its successor in interest, shall
construct Realigned Rt. 654 with the necessary acceleration,
deceleration, turn lanes and signalization in accordance with
the Town of Leesburg and VDOT standards through the subject
Property. The construction of Realigned Rt. 654 will occur as
indicated on the phasing plan depicted on Sheet 9 of Exhibit
"A" with the final improvements constructed as traffic
generation warrants as determined by the Town of Leesburg and
VDOT. This roadway improvement shall be considered to be an
"offsite roadway" improvement with the exception of any
traffic signal at Stratford Center Parkway and Realigned Rt.
654.
(8) The Applicant, or its successor in interest, commits
to request a cumulative total of no more than four. hundred
(400) zoning permits through Decembe~ 31, 1989; seven hundred
(700) zoning permits through December 31, 1990; one thousand
(1000)zoning permits through December 31, 1991; and thirteen
hundred (1300) zoning permits through December 31, 1992.
Additionally, the Applicant will not request zoning permits for
any multi-family units prior to January 1, 1991. Further, the
Applicant, or its successor in interest, commits to a minimum
of a three-month separation in time between the submission of
site plans or subdivision plans for development sections.
REZONING APPLICATION #ZM-95 i
6
(9) The Applicant, or its successor zn interest, commits
to phasing the sections of Stratford development with road
improvements in accordance with the phasing plan depicted on
Sheet 9 of Exhibit "A".
(10) Applicant agrees that prior to obtaining zoning
permits for individual residential units actually constructed
on the Property, Applicant, or its successors in interest, will
pay the Town the total sum of FIFTY DOLLARS ($50.00) per
residential unit constructed on the Property. Further,
Applicant agrees that prior to obtaining zoning permits for
individual buildings actually constructed on the Property,
Applicant, or its successors in interest, will pay the Town the
total sum of EIGHT CENTS ($0.08) per gross square foot of
commercial and office development construction on the Property
as a nonrefundable cash donation to the volunteer fire and
rescue facilities providing service to the Property, which
monies will be provided by the Town to fund fire and rescue
services. Notwithstanding the above, no payments under this
paragraph shall be required for any buildings to be devoted to
uses such as recreational buildings, non-profit day care
facilities, churches, fire and rescue facilities, a library,
post office, or governmental service facilities.
(11) Applicant, or its successors in interest, agrees that
prior to the issuance of zoning permits for individual
residential units constructed on the Property, it will make a
nonrefundable cash donation to the Town in the amount of TWO
HUNDRED FIFTY DOLLARS ($250.00) for each residential unit for
which a zoning permit is issued, such payments to be placed by
the Town in a fund for the improvement of the Ida Lee Community
Park.
(12) Applicant agrees that it will convey free and clear
of all liens, fee simple area of land composed of approximately
two and one-half (2-1/2) acres in the approximate location
shown on Exhibit "A" as "Fire and/or Rescue Station Site", to
the Town for a future fire and/or rescue facility at a time to
be determined by the Town. Donation of this site to the Town
shall occur upon request of the Town following approval of the
record plat for the 2.5 acre parcel and the record plat for the
Realigned Rt. 654. The deed of conveyance shall contain
provisions reserving in the grantor %nd its successor~ rights
for utility and/or drainage easements to accommodate
Applicant's proposed development. Any structures constructed
on the Fire and/or Rescue Station site shall be of comparable
architectural style and materials with the overall Stratford
development.
REZONING APPLICATION #ZM-95
7
(13) Applicant agrees that it will convey, free and clear
of all liens, in fee simple to the Town a parcel of land
composed of approximately 62 acres located and fronting on the
west side of Route 621 which is known as the "Orchard Tract".
Applicant will convey the Orchard tract to the Town within four
(4) years of the date of this Rezoning/Preliminary Development
Plan Approval. The Orchard Tract is not currently served by
public sewer and water. In the event that the Loudoun County
School Board acquires title to the Orchard Tract for the
purposes of a school site, and if by the time construction of a
school has been commenced there is neither public sewer nor
public water available to the Orchard Tract then Applicant
agrees to 1) extend public water and sewer lines to the nearest
boundary of the Orchard Tract; or 2) provide monies necessary
to accomplish such extension of sewer and water service to .the
nearest boundary of the Orchard Tract.
(14) Applicant agrees that it will dedicate, fee simple,
free and clear of all liens, to the party approved by VDOT and
the Town to construct the Dulles Toll Road Extension or other
alternative regional roadway approved by the Town, the land
areas designated on Exhibit "A" for the probable extension of
the Dulles Toll Road (Route 267), upon request of the Town.
Such dedication shall reserve unto grantor, and its successors
in interest, any needed utility and/or drainage easements
approved by the Town to accommodate Applicant's proposed
development. The dedication envisioned by this paragraph does
not carry with it any obligation whatsoever on the part of
Applicant to engineer or construct any improvements related to
such roadway.
(15) The Applicant, or its successor in interest, shall
convey free and clear of all liens, fee simple area of 18.5
acres designated as "clear zone" in Exhibit "A" to ensure that
no development occurs within this area. The Applicant, or its
successor in interest, shall retain the right to maintain this
area, if desired at any point in time. Additionally, an
easement restricting building heights shall be placed on an
additional 38-acre area as designated on Sheet 3 of Exhibit
"A". Further, the Applicant, or its successor in i~nterest,
commits to work with the Town and FAA during the development of
site plans for the subject property to further define any
additional restrictions, including possible relocation and/or
consolidation of structures necessitated by the future adoption
of an Instrument Landing System for the Leesburg Airport with
the intent that the adoption of an ILS not be jeopardized while
maintaining the square footage of non-residential development
and number of residential units of the proposed development
'plan.
REZONING APPLICATION #ZM-95
(16) Architectural elevations for any use for which there
are no typical architectural elevations shown on Sheet 8 of
Exhibit "A" shall be approved by the Town in conjunction with
the subdivision or site plan approval for the use.
(17) Ail single family detached dwellings which have a
chimney shall have a masonry chimney. A minimum of thirty
percent (30%) of the townhomes will have brick facades. The
facades of the multi-family buildings and a minimum of twenty
percent (20%) of the single family detached units will include
brick.
(18) In addition to the phasing plan commitments
identified on Sheet 9 of Exhibit "A", Applicant, or its
successor in interest, shall withhold seeking zoning permits
for any more than fifteen (15) percent of the total approved
square footage of retail and/or office development on the
Property until such time as the construction of the proposed
Dulles Toll Road Extension or other alternate regional roadway
has been completed to its juncture with the Rt. 15 B~pass, or
eight years from the date of this document, whichever shall
occur first.
(19) The Applicant, or its successor in interest, will
convey free and clear of all liens, fee simple area of a
maximum of 0.5 acres generally located along the west side of
Rt.643 approximately 300 feet north of its intersection with
Stratford Center Parkway for a water booster station. The
architectural style will be compatible with proffered
elevations for the Stratford development. No metal buildings
or roofs shall be constructed on this site.
The undersigned Fee Simple Owner of the property, 'which is
the subject of the aforesaid Application, does hereby
voluntarily proffer the conditions stated above, which
conditions shall have the effect specified in Section 15.1-491
of the Code of Virginia (1950, as amended).
Section II. A'Special Use' Permit is approved for a child care
facility to be located on approximately two acres of land within the
Stratford Planned Residential Community as shown on the Rezoning Plan and in
accordance with the proffers approved for this project. The development of
this facility shall meet all applicable Leesburg Zoning and Land Development
Regulations for such uses.
REZONING APPLICATION #ZM-95
SECTION III. This ordinance shall be in effect upon its passage.
PASSED this
ATTEST:
22nd day of
June , 1988.
Robert E. Sevila, Mayor
Town of Leesburg
Clerk of Cjncil '