Loading...
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 '