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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