HomeMy Public PortalAbout1988_11_08_O039Leesl~ur~ in ~irffini~
ORDINANCE NO.
AN ORDINANCE:
PRESENTED November 8, 1988
88-0-39 ADOPTED November 8, 1988
AMENDING THE LEESBURG ZONING DISTRICT MAP FOR REZONING
APPLICATION #ZM-98 BY HIGH POINT ASSOCIATES
WHEREAS, Geoffrey Huguely applied on behalf of High Point Associates on
October 16, 1987, for a Leesburg Zoning District Map Amendment to rezone
38.37 acres of land, located on the east side of Sycolin Road (Route 654) to
the north, from County R-l, Single Family Residential and County A-3,
Agricultural-Residential to Town M-l, Industrial District; and
~,WHEREAS, Rezoning Application #ZM-98 by High Point Associates, was
received and referred by the Town Council to the Planning Commission for
review and recommendation on November 11, 1987; and
WHEREAS, the Planning Commission held a public hearing on this applica-
tion on February 4, 1988; and
WHEREAS, the applicant, on March 17, 1988 revised the application in
the following manner: 1) Modify the request to rezone said property from
County R-l, Single-family Residential and County A-3, Agricultural-Residential
to Town PEC, Planned Employment Center, instead of the previously requested
Town M-i, Industrial District; 2) Request Concept Plan and PreliIainary
Development Plan approval; 3) Request Special Use Permit approval to define
the type of uses anticipated as permitted uses under the Planned Employment
Center zone; and
WHEREAS, the Planning Commission held a public hearing on the revised
application on April 21, 1988; and
WHEREAS, the Planning Commission recommended approval of this applica-
tion, subject to draft proffers and additional conditions on June 16, 1988;
and
REZONING #ZM-98 BY HIGH POINT ASSOCIATES 2
WHEREAS, the Town Council held a public hearing on this application on
August 9, 1988; and
WHEREAS, the applicant has revised the application and proffer statement
to reduce the potential adverse impacts of the project on the community 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 co~mty; 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/Town Plan Amendment and Rezoning Application
#ZM-98/Rezoning Plan for the High Point Associates is hereby approved and the
Leesburg Zoning Ordinance is amended to revise the Zoning District Map to
change a 38.37-acre parcel of land from County R-1 and A-3 to Planned Employ-
ment Center (PEC) and located generally at the intersection of Route 654 and
643, and bounded on the north by Lawson Road (Route 654), on the east by land
of Loudoun County School Board and Tavistock Farms, on the south by land of
Virginia Power and on the west by Sycolin Road (Route 643) as indicated on the
rezoning plat dated September 7, 1988, and last revised November 4, 1988, and
prepared by BeckhamW. Dickerson, Jr. 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 1950 Code of Virginia, as amended:
1. When the Town adopts an ordinance which authorizes approval by the
Town of rezoning of the property to the PEC category; approval by the
Town of Applicant's Preliminary Development/Rezoning Plan attached
hereto as Exhibit "A"; approval by the Town of the permitted uses
REZONING #ZM-98 BY HIGH POINT ASSOCIATES
described herein; approval by the Town of the secondary uses described
herein; and approval by the Town pursuant to Section 7B-17(d) of the
Town's Planned Development Regulations of a special use permit for
the uses described herein, Applicant agrees as follows:
To restrict permitted uses on the property to all of the
permitted uses stated in Section 7B-17(b) of the Planned District
Regulations adopted by the Town as of the date of approval of
ZMAP #98, except hotels, motels and convention center uses;
To restrict secondary uses on the property to all of the
secondary uses stated in Section 7B-17(c) of the Planned District
Regulations adopted by the Town as of the date of approval of
ZMAP #98, except automobile service stations, freestanding
fast-food restaurants, free-standing convenience retail food
stores, and more than one non free-standing convenience retail
food store;
To restrict special uses on the property to the following
section uses:
(i)
Research and development activities, including related
educational and/or repair activities, and/or maintenance of
goods or equipment used on site or sold to others (the term
"research and development activities" as used in these
proffers shall be defined as offices which may include
facilities for laboratories and product development,
testing, fabrication and assembly); and
(ii) Warehousing and marketing/sales display areas so long as:
(A)
the aggregate area utilized by warehousing and market-
ing/sales display areas does not exceed forty-nine
percent (49%) of the gross floor area of an individual
permitted business; and
(B) no warehousing activities occur on areas 1 or 6 shown
on Exhibit "A"; and
To restrict all uses on the property to those which will not
constitute an off-site nuisance under applicable laws and
ordinances and will not threaten public health or safety,,
As the property is developed, Applicant shall construct the on-site
streets, acceleration and deceleration lanes, and necessary turning
lanes designated on Exhibit "A". On-site street improvements which
are to be offered for dedication to the public shall be constructed
and dedicated in fee simple free of liens or other encumbrances in
accordance with the Town and Virginia Department of Transportation
("VDOT") standards, in a form approvable by the Town Attorney. For
the purposes of these proffers "on-site" streets are defined as
roadways and related improvements which are constructed on the
REZONING #ZM-98
BY HIGH POINT ASSOCIATES
property or which provide immediate access to or from the property,
such as turn lanes and acceleration or deceleration lanes. Dedication
of such street improvements will occur at record subdivision plat
approval of the various sections of the property.
Development of the property shall be in substantial conformity with
the Preliminary Development/Rezoning Plan and development standards
attached hereto as Exhibit "A", which shall control the density,
general layout, and general configuration of the property, with
reasonable allowance, to be made for engineering and design a].teration
to meet adopted Town Zoning, Subdivision and Land Development
ordinances.
The architectural design, character, and quality of materials for all
buildings constructed on the property, shall be in general conformity
with Exhibit~"B" which is incorporated herein by reference. Con-
currently with any application for site plan approval, applicant will
submit for approval by the Town, conceptual elevation drawings which
will generally conform to the architectural design, character and
quality of materials of the buildings depicted on Exhibit "B". In
the event such conceptual elevation drawings are not reviewed and
approved by the Town within thirty (30) days from submission to the
Town by Applicantof drawings which respond,to the Town's initial
comments, the drawings will be deemed to be approved by the Town.
Applicant agrees that access to and egress from the property on Route
654 shall be via right-in right-out turning movements unless Appli-
cant, or its successors, and the Loudoun County School Board are able
to relocate the internal road extending on the Property from Route
654 to Route 643 to align with the entrance of the Beauregard Estates
Subdivision as is shown on Exhibits "C-i" and "C-2" attached hereto.
In the event that such alignment is affected, access to and egress
from the Property may be effected via right and left turning movements
to and from Route 654 as shown on Exhibits C-1 and C-2. In such
event, the Preliminary Development/Rezoning Plan and development
standards attached hereto as Exhibit C-1 shall control the overall
density, general layout, and general configuration of the property in
lieu of Exhibit A, and the architectural design, character and
quality of materials for all buildings constructed on the property
shall be in general conformity with Exhibit C-Z, in lieu of Exhibit
B. In such event, all references in these proffers to Exhibit A
shall then be references to Exhibit C-1 and all references to Exhibit
B shall then be references to Exhibit C-2, but all other terms and
conditions of these proffers shall not be amended.
The property may be developed with no more than 525,000 gross square
feet of building construction, which may be broken down by the
approximate areas identified on Exhibit "A". In the event building
construction on an area does not utilize all of the permitted and
secondary uses which may be constructed in an area, any excess
building capacity and permitted or secondary uses may be averaged on
to another area of the property so long as the total development of
REZONING #ZM-98 BY HIGH POINT ASSOCIATES
the property does not exceed 525,000 gross square feet and any excess
building capacity is not averaged onto Areas 1 or 6 of the property
as shown on Exhibit A or onto Area 5 of the property as shown on
Exhibit C-1.
If a traffic signal for the intersection of Route 643 with the
Leesburg Bypass is approved and constructed by the Town or VDOT,
Applicant, or its successors, will contribute to the Town ten percent
(10%) of the cost of a traffic signal for that intersection when
requested by the Town. If a traffic signal for the intersection of
Routes 643 and 654 is approved and constructed by the Town or VDOT,
Applicant, or its successors, will contribute to the Town ten percent
(10%) of the cost of the traffic signal for that intersection, when
requested by the Town.
Applicant, or its successors, will dedicate in fee simple, free from
liens or other encumbrances, the necessary right-of-way for three of
the ultimate six lanes of Route 654 and will construct two lanes of
the ultimate six lane configuration of Route 654, and will construct
and dedicate in fee simple, free from liens or other encumbrances, the
necessary right-of-way for two lanes of the ultimate four lane
configuration of Route 643 on the perimeter of its property or on
existing right-of-way, in accordance with Town standards, all of which
is shown on Exhibit A (hereinafter collectively referred to as the
"Frontage Improvements"). The frontage improvements for Route 654
shall be bonded and constructed as part of the public improvements
for Area 1 or Area 2 under the plan shown on Exhibit A or for Area 1
under the plan shown on Exhibit C-1. Applicant will also reserve
space adjacent to the northern edge of the two proffered lanes of
Route 654 for future construction of a third eastbound traffic lane,
but Applicant shall not be obliged to pay for or construct any such
third traffic lane.
For a period of time which shall not exceed eight (8) years from the
date of approval of ZMAP #98, Applicant and its successors agree that
in an effort to mitigate traffic impacts on the present intersection
of Route 643 and the Leesburg Bypass, no more than fifty percent
(50%) of the gross square footage of total development authorized for
construction on the property (e.g. 50% of 525,000 gross square feet)
shall be constructed prior to completion of construction of the
frontage improvements depicted on Exhibit A and more clearly described
in proffer number eight (8), and the availability of improved access
for the property to Route 7 or the Leesburg Bypass other than Route
643 as it is presently constructed.
10.
Prior to issuance of zoning permits by the Town, Applicant, or its
successors, will make a cash contribution to the Town's regional
transportation fund in the amount of Forty Cents ($0.40) per gross
square foot of permitted or secondary uses constructed on the pro-
perty. Until issuance of zoning permits, the amount of such contri-
butions shall increase or decrease at the same rate as the Con-
struction Cost Index published in the Engineering News Record 'with
REZONING #ZM-98 BY HIGH POINT ASSOCIATES 6
the base line index being that which is published in the month of
approval of ZMAP #98.
11. Immediately prior to obtaining zoning permits for individual buildings
constructed on the Property, Applicant, or its successor, will pay to
the Town, as a donation to the volunteer fire and rescue facilities
providing service to the property, ten cents ($0.10) per gross square
foot of each building actually constructed on the property. Notwith-
standing the foregoing, no payments under this paragraph eleven
shall be required for any buildings or portions of buildings proposed
to be used for recreational, day-care, religious, fire and rescue,
library, postal, governmental or similar uses.
SECTION II. A Special Use Permit is approved for research and
development activities and warehousing and marketing/sales display areas to
be located on the property rezoned subject to the restrictions contained in
proffer 1 (c) above, and in accordance with the balance of the proffers
approved for this project. The development of these uses shall meet all
applicable Leesburg Zoning and Land Development regulations.
SECTION III.
PASSED this
This ordinance shall be in effect upon its passage.
8th day of
ATTEST:
Clerk of C~cil
Robert E. Sevila, Mayor
Town of Leesburg