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HomeMy Public PortalAbout1990_09_26_O026 ZM 116 StratfordLee$b~rg i~ ~rirgini~ O~INA~G~ ~0.: AN ORDINANCE: PRESENTED September 26, ~0-0-26 ADOPTED September 26, APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN MILLS INVESTMENTS 2990 1990 WHEREAS, the Town of Leesburg received a complete rezoning application and fees from Hazel & Thomas on behalf of Evergreen 1M~lla Investments on January 10, 1990; and WHEREAS, rezoning application #ZM-116 was received and referred to the Planning Commission on January 23, 1990; and WHEREAS, this application is for approval of rezoning plan modifications and proffer amendments to approved Ordinance No. 88-0-20 adopted June 22, 1988; which Amended the Town Plan, the Leesburg Zoning Map and approved a rezoning concept plan and rezoning plan, for Planned Employment Center (PEC) and Planned Residential Community (PRC) zoning as proffered for #ZM-95 Stratford in Leesburg; and WHEREAS, the rezoning plan modifications and proffer amendments were sought to accommodate the proposed County of Loudoun government complex and an expanded Leesburg Airport clear zone due to the proposed runway instrument landing system; and WHEREAS, a joint Planning Comm~sionfrown Council public hearing was held on February 13, 1990 to consider the initially proposed amendments; and WHEREAS, an additional joint public hearing was held on April 24, 1990 to consider an alternative masterplan as part of the proposed rezoning plan modifications and proffer amendments; and WHEREAS, a third joint hearing was held on June 13, 1990 to consider a new, redesigned plan, dated May 29, 1990, as revised; and WHE~, on July 26, 1990 the Planning Commi.~sion recommended to Town Council the approval of rezoning application #ZM-116 for proffer amendments, as well as rezoning plan modifications dated May 29, 1990 as revised, with conditions; and -2- AN ORDINANCE: APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN M'H,LS INVESTMENTS WHEREAS, the Loudoun County Board of Supervisors suspended negotiations regarding the proposed government center on August 7, 1990; and WHEREAS, the applicant made additional revisions to the rezo~ing plans and proffers to address the conditions made by the Planning Commi~ion and concerns expressed by the Town Council; and WHEREAS, final rezoning plan modifications are dated September 18, 1990 and are referenced as Plan A, and finsl proffer amendments are dated September 19, 1990; and WHEREAS, the proposed rezoning plan modifications and proffer smendments are consistent with Town Plan goals and policies and are compatible with surrounding zoning and development; and WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare, and good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-116 Stratford in Leesburg by Evergreen Mills Investments is hereby approved and the Leesburg Zoning District Map is hereby amended to adjust the zoning district boundaries for the Planned Residential Community (PRC) and Planned Employment Center (PEC) zooing districts as proffered, for the 447.95 acres identified as Loudoun County Tax Map 48, Parcels 66, 66A and 73, subject to the following voluntary conditions proffered in writing by the property owner on September 19, 1990, in accordance with the provisions of Section 15.1-491(a) of the 1950 Code of Virginia as amendech 1. Development of the Property shall be in substantial conformity with Plan A which shall control the density, use, general layout, and general configuration of the Property, with reasonable allowances to be made for engineering and design alteration to meet town zoning, subdivision and land development regulations. The applicant or its successors-in-interest sball~ however, have the right to transfer any multi-family or single-family attached units shown on Plan A into single-family detached units so long as the maximum number of residential units shown on Plan A is not exceeded. The Applicant, or its successors-in-interest, proffers that the amount of commercial development in the PRC district mixed-use center of the Property shall be broken down approximately as follows: -3- AN ORDINANCE: APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN l~fr[ J,S INVESTMENTS Retail Uses - 250,000 gross square feet. B. Office Uses - 100,000 gross square feet. In addition, residential units may be relocated, within the PRC district, from the Residential Areas and placed in the above ground floors in the mixed-use center. Retail uses may be located on the frost floor of office structures. The Applicant, or its successors-in-interest, proffers that the amount of commercial development in the PEC district of the Property shall be broken down approximately as follows: C. Hotel, Office, and/or, Hospital/Health Care Uses - 1,271,950 gross square feet. Do Secondary Uses - of the 1,271,950 gross square feet referenced in (C) above, a maximum of 190,793 gross square feet may be allocated to "secondary uses" as permitted in the PEC district under Section 6A-17(3) and outlined as follows: 1. Business service and supply establishments 2. Restaurants 3. Personal service establishments 4. Repair service establishments 5. Pharmacies 6. Health clubs and spas 7. Convenience retail stores 8. Drive-through banks The Applicant, or its successors-in-interest, will construct the internal "On Site" public streets designated on Plan A in accordance with town and VDOT standards. Dedication of fee simple title to these public street rights-of-way to the town will be accomplished upon the recordation of the plat of subdivsion of the various sections of the Property and construction of the streets will be completed in accordance with the provisions of the contract with the town, designated PC2, and bonding requirements. The Applicant, or its successors-in-interest, will provide a title insurance policy, if requested by the town, insuring the town that title to these public street rights-of-way is free and clear of any liens, defects, restrictions or easements with the exception that such dedication shall reserve unto grantor, and its successors-in-interest, any needed utility and/or drainage easements approved by the town to accommodate the Applicant's proposed development and the fee simple title is vested in the Town on the date the plat is recordech Construction of these internal public streets shall occur in plmses as the project develops. -4- AN ORDINANCE: APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN MILLS INVESTMENTS o The Applicant, or its successors-in-interest, agrees to contribute up to the aggregate sum of ONE MUJ,TON THREE HUNDRED TWENTY-NINE THOUSAND DOT,TARS ($1,329,000.00) (based on a projection of 1,329 residential units), under the terms and conditions stated hereinafter, as its pro-rata share toward the construction of off-site transportation improvements supporting residential uses on the Property. Subject to the limitations set forth in paragraph 5 below, this donation shall be in the form of nonrefundable cash contributions or bonded commitments, which shall be paid into an account established by the Town (referred to hereinafter as the "Offsite Roadway Improvement Fund") for the purpose of £mancing construction of such transportation improvements. The Applicant, or its successors-in-interest, shall make such payments to the Town immediately prior to issuance of each zoning permit in the amount of One Thousand Dollars ($1,000.00) for every residential zoning permit issued up to and until the aforementioned $1,329,000.00 aggregate sum is reached. The Applicant, or its successors-in-interest, agrees to contribute up to the aggregate sum of TWO MILLION ONE HUNDRED EIGHT THOUSAND FIVE HUNDRED THIRTY FIVE AND 30/100 DOLLARS ($2,108,535.30) (based on a projection of 1,621,950 gross square feet of commercial and appropriate office uses), under the terms and conditions stated hereinafter, as its pro-rata share toward the construction of off-site transportation improvements supporting commercial and appropriate office uses on the Property. Subject to the limitations set forth in paragraph 5 below, this donation shall be in the form of nonrefundable cash contributions or bonded commitments, which shall be paid into the "Off-site Roadway Improvement Fund." The Applicant, or its successors-in-interest, shall msire such payments to the Town immediately prior to issuance of each zoning permit in the amount of One Dollar and Thirty Cents ($1.30) per gross square foot of commercial and private office development for the individual buildin~ act~mlly constructed on the Property. Notwithstanding the above, no payments under this paragraph shall be required for any buildings to be devoted to uses such as non-profit or HOA-owned recreational buildings, non- profit day care facilities, religious buildings, fire and rescue facilities, a library, post office, non-profit health care, or any form or kind of governmental service facility including the County Government Center. In the event the Applicant, or its successors-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 pursuant to Paragraphs (3) and (4) above. The costs of %ffsite roadway" improvements shall include but not be limited to: all engineering, surveying, bonding, permit fees, construction costs and utility relocation. In the event that the amount of monies paid into the "Offsite Roadway Improvement Fund~ by the Applicant, or its successors-in-interest, are insufficient to cover the costs of the ~offsite roadway" improvements constructed or caused to be constructed by the applicant, or its successors- in-interest, 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, or its successors-in- interest, for such "offsite roadway" improvements are recovered. In the event the Applicant or its successors-in-interest malres the contributions required under paragraphs (3) and (4) by bonded commitments and then constructs "offsite roadway" improvements itself, the -5- AN ORDINANCE: APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM~ll6 STRATFORD IN LEESBURG BY EVERGREEN MILLS INVESTMENTS aforesaid bonded commitments slmll be released or not renewed as appropriate so long as the monies secured by the bonded commitments are expended toward "offsite roadway~' improvements as defmed in these proffers. The Applicant, or its successors-in-interest, will submit actual invoices of money expended for construction of "offsite roadways" to the Town Land Development Official for review and approval The Applicant, or its successors-in-interest, proffers to construct or cause to be constructed the following roadway improvements in accordance with Town of Leesburg and VDOT standards and pursuant to the Project Phasing Plan of Plan k The westerly half-section of a four-lane divided roadway on Sycolin Road (Route 643), possessing approximately 35 feet in width and 1500 feet in length, from the southern boundary line of the Property to existing proposed Battlefield Parkway (realigned Route 654) with necessary acceleration, deceleration and turn lanes. This improvement shall be considered to be a "off-site roadway" improvement. A four-lane undivided roadway on Sycolin Road (Route 643), possessing appro~mAtely 52 feet in width and 3100 feet in length, form existing proposed Battlefield Parkway (realigned Route 654) to the Route 643/Route 15 Bypass intersection with necessary acceleration, deceleration and turn lanes and including the possible demolition of the existing Route 643. All of these improvements shall be considered as "off-site roadway" improvements. Additionally, the Applicant, or its successors-in-interest, shall dedicate free and clear of an liens rights-of-way to VDOT for the planned future flyover of Sycolin Road (Route 643) over the Route 15 Bypass consisting of approximately 100 feet of right-of-way from the centerline of Sycolin Road extending for a distance of approximately 400 feet from the centerline of the Route 15 Bypass into the Property. This dedication will not occur until the Dulles Toll Road Extension and its above-grade interchange with Battlefield Parkway (re-llgued Route 654) las been constructed and is in operation and when requested by VDOT. Co Interim improvements at the Route 643/Route 15 Bypass intersection which shall include a left turn lane from northbound Route 643 to westbound Route 15 Bypass and extension of the existing left turn lane and/or an additional left turn lane from westbound Route 15 Bypass to southbound Route 643, exclusive of bridge improvements. Such improvements shall be considered to be "off-site roadway" improvements. D. Traffic sigvali~.ation contributions as identified below: 1. Route 15 and Evergreen Mills Road 5% 2. Evergreen Mills Road and West Site Access i 100% AN ORDINANCE: -6- APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGEEEN MILLS INVESTMENTS 3. Battlefield Parkway and Evergreen l~ilis Road 24% 4. Battlefield Parkway and Stratford Center Parkway 100% 5. Battlefield Parkway and East Site Access i 100% 6. Battlefield Parkway and Sycolin Road 40% 7. Long Lane and Stratford Center Parkway 15% 8. Long Lane and Sycolin Road 20% 9. Sycolin Road and East Site Access 2 33% 10. Sycolin Road and Stratford Center Parkway 100% Contributions for traffic sig~sli~.ation devices listed as 2, 9, and 10, above, shall be paid by the Applicant with the express understanding that the Applicant shall be reimbursed by other landowners using the three referenced traffic signalization devices in accordance with those landowners' respective pro-rata percentage of assigned use as determined by the Town at time of development of those landowners' parcels. The pro-rata reimbursement shall be based on traffic use projections at the respective intersections identified above and shall be inflated by the Consumer Price Index from the date of instAllAtion. The intent of this proffer is to provide a mechsni.~m whereby the cost of the signal in its ultimate use will be proportionally borne by the users according to their actual use. To the extent that a participant is to be reimbursed for a previous expenditure then reimbursement will occur on a proportional use basis plus interest. Should warrants not be deemed by VDOT and/or the Town to exist mandating the inst~llstion of said signalization immediately prior to site plan approval for the last phase of the Stratford development, then the Applicant, or its successors-in-interest, shall post, if requested by the Town, a cash escrow representing its proportional shale cost with the Town prior to such site plan approval. These traffic signsls shall be considered to be "off- site roadway" improvements. The Applicant, or its successors-in-interest, shall dedicate free and clear of any liens a 120- foot typical right-of-way section for proposed Battlefield Parkway (realigned Route 654), as shown in Plan A, and a 70-foot typical right-of-way section for Stratford Center Parkway, as shown in Plan A. The deed of conveyance shall contain provisions reserving in the grantor and its successors-in-interest, rights for utility and/or drainage easements to accommodate the Applicant's proposed development. These dedications shsll take place pursuant to the Project Phasing Plan of Plan A. The Applicant, or its successors-in-interest, shall construct proposed Battlefield Parkway (reAli~oned Route 654) as a four-lane divided typical road section, possessing approximately 2500 feet in length, with the necessary acceleration, deceleration, turn lanes and -7- APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN MILLS INVESTMENTS signalization in accordance with the Town of Leesburg and VDOT standards through the Property. The remaining two lanes of the ultimate six-lane divided road section planned for Battlefield Parkway (reali~ned Route 654) shall be constructed by others. The Applicant, or its successors-in-interest, shall construct Stratford Center Parkway as a four-lane undivided typical road section, possessing approximately 600 feet in length, from proposed Battlefield Parkway as a four-lane undivided typical road section, possessing appro~mately 600 feet in length, from proposed Battlefield Parkway (realigned Route 654) to Long Lane (Route 654). The construction of Battlefield Parkway (resli~ned Route 654) and Stratford Center Parkway between proposed Battlefield Parkway (realigned Route 654) and Long Lane (Route 654) will occur as indicated on the Project Phasing Plan of Plan A. These roadway improvements shall be considered to be "offsite roadway~' improvements. Any traffic signal warranted at the intersection(s) of Stratford Center Parkway or other internal roads with Battlefield Parkway (resllooned Route 654) shall not be considered "off- site roadway" improvements. Additionally, construction of Stratford Center Parkway between proposed Battlefield Parkway (realigned Route 654) and Sycolin Road (Route 643) shall not be considered an "off-site roadway" improvement. The Applicant, or its successors-in-interest, shall provide three recreational facilities as shown on Plan A and shall construct at least two of these three recreational facilities, with at least one such facility located east of the Dulles Toll Road extended, in accordance with the following construction schedule: Recreational Facility West of Dulles Toll Road Extended - Begin construction prior to issuance of the residential occupancy permit representing a thirty percent (30%) completion of the residential area west of the aforesaid Toll Road and complete construction prior to issuance of the residential occupancy permit representing a fifty percent (50%) completion of the residential area west of the aforesaid Toll Road or within eight (8) months after commencement of construction, whichever event occurs first. Recreational Facility East of Dulles Toll Road Extended- Begin construction prior to issuance of the residential occupancy permit representing a thirty percent (30%) completion of the residential area east of the aforesaid Toll Road and complete construction prior to issuance of the residential occupancy permit representing a fifty percent (50%) completion of residential area east of the aforesaid Toll Road or within eight (8) months after commencement of construction, whichever event occurs first. Multi-Family Recreational Facility The Third recreational facility is to be constructed in conjunction with the multi-family residential units and will be completed prior to the issuance of the 1000th residential occupancy permit or within eight (8) months after commencement of construction, whichever event occurs first. The Applicant, or its successors-in-interest, shall provide roadway improvements in phased increments in accordance with the Project Phasing Plan of Plan A. This Project Plmsing Plan represents the schedule for roadway improvement construction and is not a proffered msndatory sequencing of residential or office/commercial development. -8- APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN l~mJJS INVESTMENTS The Project Phasing Plan provides that the road improvements identified for the individual Sections (A-L) will be implemented when the respective section(s) is (are) developed. More specifically, the Applicant, or its successors-in-interest, may commence and/or complete construction of any section independent of any other section provided that the appropriate roadway improvements for the section or sections under construction are implemented in accordance with the Project Phasing Plan. 10. The Applicant, or its successors-in-interest, agrees that prior to obtaining each zoning permit for individual residential units act~mlly constructed on the Property, Applicant, or its successors-in-interest, will pay the Town the total sum of FIFTY DOI,LARS ($50.00) per residential unit constructed on the Property as a nonrefundable cash donation for the benefit of fire and rescue facilities providing service to the Property, which monies will be provided by the Town to fund fire and rescue services. Further, Applicant, or its successors-in- interest, agrees that prior to obtaining each zoning permit for individual commercial and office buildings act,,ally constructed on the Property, Applicant, or its successors-in-interest, will pay the Town the sum of EIGHT CENTS ($0.08) per gross square foot of commercial and office development construction on the Property as a nonrefundable cash donation for the benefit of fire and rescue facihlies 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 buildin~ to be devoted to uses such as non-profit or HOA-owned recreational buildings, non-profit day care facilities, religions buildings, fire and rescue facilities, a library, post office, non-profit health care, or governmental service facilities including the County Government Center. 11. The Applicant, or its successors-in-interest, agrees that prior to the issuance of each zoning permit for individual residential units constructed on the Property, the Applicant, or its successors-in-interest, will make a nonrefundable cash donation to the Town in the amount of TWO HIYNDRED FIFTY DOIJJARS ($250.00) for each residential unit act,,ally constructed on the Property. These payments shall be placed by the Town in a fund for the improvements of the Ida Lee Community Park. The Applicant, or its successors-in-interest, 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 Plan 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 Battlefield Parkway (realigned Route 654). The deed of conveyance shall contain provisions reserving in the grantor and its successors rights for utility and/or drainage easements to accommodate the 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. 13. The Applicant, or its successors-in-interest, 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~. The Applicant, or its successors-in-interest, will convey the Orchard Tract to the Town within four (4) years of the date of this rezoning approval. The Orchard Tract is not currently -9- AN ORDINANCE: APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGEEEN MuJ,S INVESTMENTS served by public sewer and water. In the event that the Loudoun County School Board acquires the 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 the Applicant, or its successors-in-interest, 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, providing that there is a pro-rata reimbursement agreement in place which will provide for monetary reimbursements to the Applicant, or its successors-in-interest, from private developments benefiting from said extension. This pro- rata reimbursement will be based on linear front footage for sewer and on projected ~Aily gallon usage for water. 14. 15. The Applicant, or its successors-in-interest, 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 Plan A for the probable extension of the Dulles Toll Road (Route 267), upon request of the Towm Such dedication shall reserve unto grantor, and its successors-in- interest, any needed utility and/or drainage easements or necessary rights-of-way approved by the Town to accommodate the Applicant's proposed development. The Applicant will work cooperatively with the Toll Road Corporation of Virginia and asserts its best efforts to identify and implement the most effective alignment and most workable interchange design to maximi~.e access to the Dulles Toll Road Extension at this location. The dedication and cooperative effort envisioned by this paragraph does not carry with it any obligation whatsoever on the part of the Applicant, or its successers-in-interest, to engineer or construct any improvements or bridge related to such roadway. The Applicant, or its successors-in-interest, shall restrict the use of approximately 54.1 acres designated as "clear zone" in Plan A to ensure that no development occurs within this area with exception of roads, parking lots, sidewalks, and related landscaping as shown on Plan A and such other uses as may be permitted consistent with the FAA regulations and the Town Zoning Ordinance. The Applicant, or its successors-in-interest, shall retain the right to maintain this area, if desired at any point in time. Furthermore, the Applicant, or its successors-in-interest, commits to work with the Town and the Federal Aviation A~mlnistration during the development of site plans for the 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 (ILS) for the Leesburg Airport, providing that the de£mition and imposition of these additional restrictions or the adoption of the ILS does not in any manner reduce the maximum allowed square footage for non-residential development or the maximum allowed number of residential units expressed in Plan A and in these proffers. 16. Architectural elevations for any use for which there are no typical architectural elevations shown on Sheet 8 of 9 of Plan A shall be approved by the Land Development Official in conjunction with zoning permit issuance. It is understood that the Land Development Official shall mAlre a determination within (30) calendar days after the date of filing of any said architectural elevations. - 10 - AN ORDINANCE: APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN 1Vlll',T ~q INVESTMENTS 17. All single family detached dwellings which have a chimney shall have an exterior masonry chlmrley. A minimum of thirty percent (80%) of the townhomes will have brick facades. The f~des of the multi-family bui]clinooB and a minimum of twenty percent (20%) of the single family detached units will include brick. 18. The applicant, or its successors-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 Route 643 approximately 300 feet north of its intersection with Stratford Center Parkway for a water booster statior~ The architectural style will be compatible with proffered elevations for the Stratford development. No metal buildings or roofs shall be constructed on the site. 19. The Applicant, or its successors-in-interest, shall disclose in writing to all prospective homebuyers at time of execution of sales contracts the noise exposure forecasts (as contained in the most currently approved Town ordinances or documents as of the date the rezoning is approved by the Town Council) for the Leesburg Municipal Airport so as to allow such prospective homebuyers to make informed decisions regarding possible present and future noise exposure from the Leesburg Municipal Airport. 20. The Applicant shall design and construct the stormwater marmgement facility located west of the Duties Toll Road Extension and identified as "Stormwater Management" Pond on Sheet 4 of 9 of Plan A as a regional stormwater management facility to hold stormwater flows originating off-site providing that there is a pro-rata reimbursement agreement in place which will provide for monetary reimbursements to the Applicant, or its successors- in-interest, from private developers des'nfing to utilize the "Stormwater Management" Pond for the management of stormwater flows originating off-site. The pro-rata reimbursement will be based on the cost of projected total storage requirements as inflated by the Consumer Price Index from the date of installation of the pond. The intent of this proffer is to provide a mechanism whereby the cost of the stormwater management pond in its ultimate use will be proportionally borne by the users according to their actual use. To the extent that a participant is to be reimbursed for a previous expenditure the reimbursement will occur on a proportional use basis plus interest. 21. It is understood that there presently exists sewer tl~mk and water lines and associated easements running through the Property which are inconsistent and conflictory with the layout of land uses illustrated in Plan A. Should the Applicant, or its successors-in-interest, be required to relocate any such lines or have vacated any such associated easements to achieve the layout of land uses illustrated in Plan A, then the Applicant, or its successors- in-interest, shall be relieved of obligations to make contributions to Town "sewer and water extension prorata reimbursement funds" on a dollar-for-dollar basis for all monies required to be expended in the aforesaid line relocation and/or associated easement vacation efforts. SECTION H. In accordance with Sections 6A-16(3) and 6A-17(4) of the Leesburg Zo~in~ Ordinance, special use permits are hereby granted for a child care facility, hospital and/or health care facilities, a maximum of seven free standing uses in the PRC mixed used center which may include two drive-in - 11- AN ORDINANCE: APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-116 STRATFORD IN LEESBURG BY EVERGREEN MHJ~S INVESTMENTS facilities, two automobile service stations, and two fee-standing drive-in fast food restaurants as outlined in Section I above. SECTION Ill. This ordinance shall be effective upon its passage. PASSED this 26th day of September ,1990. Ro6ert E. Sevila, Mayor Town of Leesburg ATTEST: Clerk of C ~/~n~ O:ZM.116~/