HomeMy Public PortalAbout1991_09_10_O038 ZM 121 Leesburg CornerTge Town of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED September 10, 1991
91-0-38 ADOPTED September 10, 1991
APPROVING THE REZONING APPLICATION AND AMENDING THE
ZONING DISTRICT MAP FOR #ZM-121 LEESBURG CORNER BY
LEESBURG EAST ]/ASSOCIATES
WHEREAS, on June 27, 1990, the Town Council received and referred to the Planning
Commission an application for rezoning appro~mstely 94.05 acres located at the northeast quadrant
of the intersection of the Route 7/15 Bypass and Route 7 from R-1 to R-2 to a Planned Employment
Center (PEC) District; and
WHEREAS, on August 8, 1990, the Planning Commission held a public hearing to consider this
application and proposal for appro~im-tely 1,105,422 square feet of office/commerc~l/warehouse
development; and
WHEREAS, on March 7, 1991, the Plarming Commission approved, without prejudice, removing
a 22.57-acre parcel of property from the rezoning application, pursuant to Section 13A-78 of the Town
Zoning Ordinance and in accordance with the applicant's request; and
WHEREAS, on March 28, 1991, the Planning Commission recommended denial of this rezoning
application; and
WHE~, on May 28, 1991, the Town Council held a public hearing to consider this rezoning
application; and
WHEREAS, this rezoning request is in the interest of public necessity, convenience, general
welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning Application #ZM-121 by Leesburg East H Associates is approve& The
Leesburg Zoning Ordinance is amended to revise the Zoning District Map to ctmnge a 71.48-acre parcel
of land from R-1 and R-2 to Planned Employment Center (PEC) in accordance with the Rezoning Plan
prepared by EDAW dated May 24, 1991 (Exhibit B). This parcel of land bounded on the south by
Route 7, on the west by the Route 7/15 Bypass, on the north by Fort Evsns Road, and on the east
by land of Establishment Forestier and further identified as Loudoun County Tax Map 49, parcel 17.
ORDINANCE: APPROVING REZONING #ZM-121 - LEESBURG CORNER
This approval is subject to the following conditions proffered in writing by the applicant in accordance
with Section 15.1-491(a) of the 1950 Code of Virginia, as amended:
Permitted Uses. When the Town adopts an ordinance approving the rezoning of the Property
to the PEC category, approving the Applicants' Rezoning Plan, and approving the permitted,
secondary, and special exception uses described below the Applicant agrees as follows:
All of the permitted uses stated in Section 6A-17(2) of the Planned District Regulations
adopted by the Town as of the date of approval of #ZM-121 may be developed on the
Property, except public school facilities;
bo
All of the secondary uses stated in Section 6A-17(3) of the Planned District Regulations
adopted by the Town as of the date of approval of #ZM-121 may be developed on the
Property, except free-standing restaurants and free-standing convenience retail stores;
The following special uses listed as "permitted uses" or "special exception uses" in Section
4E-2 of the Town Zoning Ordinance, which will be subject to the special exception
approval procedures set forth in the Town Zoning Ordinance, may be developed on the
Property: (i) lumber and/or building material sales facilities, (ii) emergency care
facilities, (iii) electric and/or plumbing supply facilities, (iv) research and development
uses, (v) warehousing, (vi) child care centers, and (vii) private park/nE structures.
Notwithstanding the foregoing, warehousing and industrial uses shall not be developed on Parcel
B of the Property and the following uses will not be developed on any portion of the Propert~r.
(i) manufacturing, processing, fabrication, or assembly of drugs, medicines, pharmaceuticals, die-
cut paperboard, cardboard, bags, containers, and sanitary paper products; (ii) commercial
automobile or truck repair garage; (iii) dry cle_~nirlg plant; and (iv) the storage, manufacture,
or disposal of hs=ardous materials as def'med by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.
o
Rezoning Plato Development of the Property shall be in general conformity with the Rezonlno~
Plan which shall control the overall density and the general layout of development and roadways
on the Property with reasonable allowance for minor adjustments for engineering design at the
time of preliminary subdivision or preliminary development plan approval for lots or parcels.
The parcels shown as "A", ~B", and "C" on the attached Rezoning Plan are shown as approximate
development parcels. Pre 'hminary development plan and pre 'hminary subdivision plan approval
is subject to the requirements of applicable subdivision and zoning ordinance provisions, unless
expressly excluded in the motion for approval.
o
Transportation Improvements. As the Property is developed in accordance with the phasing
described below, the Applicant shall~ construct and dedicate in fee simple without liens or
encumbrances or any cost to the Town, the on-site and off-site streets, roadway improvements,
acceleration and deceleration lanes, signalization, and necessary turning lanes as generally
shown on Exhibit "B" and described in Exhibit "C" attached hereto. The costs of transportation
improvements shall be limited to dedicated land free of all liens and encumbrances, actual
construction costs, surveying and engineering fees, permit fees, and any bending costs. For the
purposes of these Proffers "traffic improvements" are defined as roadways and related
improvements which are constructed on the Property or which provide or facilitate access to
or from the Property, such as roadways, turn lanes, acceleration or deceleration lanes, and traffic
sig~ah which are reasonably related to the development proposed on the Property and are
listed on Exhibit C attached hereto. All traffic improvements shall utilize lanes that are at least
twelve-feet wide. All roadways constructed on the Property shall be connected to a dedicated
public thoroughfare. The Applicant shall dedicate all transportation improvements at the earlier
ORDINANCE: APPROVING REZONING #ZM-121 - LEESBURG CORNER
of record subdivision plat approval or final development plan approval of the various sections
of the Property.
Development Density. The Property may be developed with no more than a total of 859,352
gross square feet of building constructio~ In the event building construction on a portion of
Parcel A of the Property does not utilize all of the permitted, secondary, or special uses which
may be constructed on such portion of the Property, any excess building capacity and any
permitted, secondary, or special uses m~y be averaged on to any other portion of Parcel A, so
long as the total development on Parcel A of the Property does not exceed 698,937 gross square
feet or a .31 FAR. Prior to submission of any prelimlns~y development plan for any portion
of Parcel A, the Applicants shall calculate the available development density for Parcel A and
shall provide such calculation to the Tow~ Parcel A shall be developed so that no lot, except
a common area open space lot, is deprived of any development density. The 55,000 gross square
foot development density limitation described below for Parcel B, may be increased, but not in
excess of a .30 FAR, by transferring development density from Parcel A so long as such
increased development density on Parcel B is not accessed directly from Route 7. Ail secondary
uses in any buildings developed on Parcel B shall be located in the same buildlno~s as the
principal uses primarily served and shall occupy in combination not more than ten percent
(10%) of the gross floor area of the building.
Transportation Improvements. Parcels A and C of the Property may be developed with up to
278,415 gross square feet of buildings after receipt of final development plan and/or record
subdivision plat approval for any portion of the Property, issuance of requisite zoning permits,
and contribution to the Town or VDOT of the following improvements:
Dedication in fee simple, free from liens and other encumbrances, to the Town or VDOT
for public roadway purposes, of approximately 6.24 acres of the Property located at the
southwest corner of the Property at the intersection of Route 7 and the Leesburg Bypass
as shown on Exhibit B.
bo
Contribution of to up to One Hundred Twenty Thousand Dollars ($120,000) to the Town
for provision of traffic sigosli~.ation for the intersection of Fort Evans Road with the
Leesburg Bypass, if such signAliT~tion is warranted by the Town and is not contributed
by others.
Co
As portions of the Property abutting such transportation improvements are developed,
the following improvements will be constructed or bonded for construction and dedicated
in fee simple, free from liens or other encumbrances: (i) a four-lane undivided 52-foot
wide pavement section of Fort Evans Road as illustrated on the "Fort Evans Road
South Side Improvements~ and "Fort Evans Road North Side Improvements" prepared
by Huntley, Nyco & Associates, dated February 22, 1989, from the Route 15 Bypass
intersection east to the intersection of such roadway with the Leesburg Corner Spine
Road, or if necessary for the development and construction of buildings on Parcel C of
the Property, a half section of such roadway from the Leesburg Corner Spine Road to
the point of ingress and egress from Fort Evans Road; (ii) one right turn deceleration
lane from the Route 15 Bypass to Fort Evans Road; (iii) one right turn deceleration
lane from Fort Evans Road westbound to the Route 15 Bypass; (iv) one right turn
deceleration lane from Fort Evans eastbound to the Leesburg Corner Spine Road; (v)
the Fort Evans Road and Route 15 Bypass intersection improvements necessitated in
accordance with Town standards by 278,415 gross square feet of buildings on Parcels
A and C of the Property; (vi) one additional Route 7 westbound travel lane including
new directional signage and one right turn lane at the existing Route 15 Bypass
northbound ramp; and (vii) up to Eighty Thousand Dollars ($80,000) will be contributed
to the Town for provision of traffic sig~sli~.ation for the intersection of Route 7 with the
4
ORDINANCE: APPROVING REZONING #ZM-121 - LEESBURG CORNER
existing northbound L~sburg Bypass on-ramp.
do
A limited access ("L/A") line from the Leesburg Bypass to the Route 7 median crossover
opposite the FAA site will be established at first preliminary subdivision plan approval
along the Route 7 frontage. The L/A line will be extended to its eastern Route 7
Property line at the earlier of submission of construction plans for closure of any interim
Route 7 access for Parcel B, or when alternative access to Parcel B is constructed. In
addition to the 278,415 gross square feet of buildings which may be developed on Parcels
A and C of the Property, an additional 234,361 gross square feet of buildings may be
developed on Parcels A and C of the Property after final development plan and/or record
subdivision plat approval, issuance of requisite zoning permits and contribution to the
Town or VDOT in accordance with Town and VDOT st_~ndards of double left turn lanes
from the southbound Leesburg 15 Bypass off-ramp to eastbound Route 7. In the
alternative, an equivalent amount of funding as is listed on Exhibit C shall be
contributed to the Town upon request by the Town to be used for construction of the
ultimate Leesburg Bypass southwest quadrant loop ramp.
o
Transportation Improvements. Parcels A and B of the property may be developed with up to
263,083 gross square feet of buildings by construction of the improvements set forth above in
Paragraphs 5(a), 5(c)(vi), and 5(c)(vii) and of the following improvements:
ao
A fifty-two foot wide pavement section in a 70-foot wide right-of-way of Cardinal Park
Drive Extended from Route 7 to a location which is approximately 550 feet north of the
current northern edge of Route 7 pavement;
bo
A 52-foot wide pavement section in a 70-foot wide right-of-way of a roadway parallel to
Route 7 from such portion of Cardinal Park Drive Extended to the Leesburg Corner
Spine Road;
c. A Route 7 westbound deceleration lane to northbound Cardinal Park Drive Extended;
do
Necessary signal modifications at the Route 7 intersection of Cardinal Park Drive, an
extension of the existing eastbound left turn lane, and an additional eastbound travel
lane on Route 7 which extends approximately five hundred feet from the intersection
of Cardinal Park Drive.
Pavement restripping and necessary roadway widening of the existing northbound
Cardinal Park Drive approach to Route 7 to provide for two twelve-foot travel lanes and
one left turn lane. Hereinafter all of the improvements described above in paragraphs
(a) through (e) are collectively referred to as the "Cardinal Park Drive Improvements."
°
Transportation Improvements. Up to 55,000 gross square feet of buildings may be developed
solely on Parcel B of the Property by construction of the following interim improvements for
access solely to Parcel B, which upon request by the Town and VDOT will be removed at no
cost to the Town and will be relinquished by the applicant or its successor and assigns at such
time as the northeast loop ramp at Route 7 and the Leesburg Bypass is constructed by others,
or at such time as alternate access to Route 7 from Parcel B is provided via Cardinal Park Drive
or Battlefield Parkway:
Improved access from Parcel B to Route 7 at the location of the existing cross-over
across from the entrance to the Federal Aviation Administration (F.A.A.);
b. Construction of a Route 7 eastbound left turn lane at the F.A.A. median cross-over;
5
ORDINANCE: APPROVING REZONING #ZM-121 - LEESBURG CORNER
c. Construction of a traffic signal at the F2,.A~ cross-over when warranted by VDOT;
Construction of one additional Route 7 westbound travel lane across the frontage of the
Property and one right turn lane at the ,xi.~ting Route 15 Bypass northbound ramp;
The Applicants win contribute up to Eighty' Thou~nd Dollars ($80,000) for traffic
signalization of the intersect/on of Route 7 with the ~=i~dng northbound Leesburg
Bypass on ramp; and
At the time of receipt of final development plan and/or record subdivision plat approval
for any portion of Parcel B, the Appli~nt or its assign will dedicate in fee simple, free
from liens or other encumbrances, to the Town or VDOT for public roadway purposes,
of approximately 6.24 acres of the Property located at the southwest corner of the
Property at the intersection of Route 7 and the Leesburg Bypass as shown on Exhibit
B.
In lieu of provision of the above-described interim access to Parcel B at the F.~A. crossover,
the Applicant may develop up to 55,000 gross square feet of buildings on Parcel B by
constructing the Cardinal Park Drive Improvements.
Transportation Improvements. The Property may developed with up to 824,433 gross square
feet of buildings after final development plan and/or record subdivision plat approval, issuance
of requisite zoning permits and contribution to the Town or VDOT in accordance with Town
or VDOT standards of the improvements described above in Paragraphs 5 and 6 and
construction and dedication in accordance with Town or VDOT standards of the full four-lane
Leesburg Corner Spine Road and a four-lane 70-foot section of Cardinal Park Drive Extended
from the intersection of Cardinal Park Drive and Route 7, north across that certain parcel of
land owned by others which is described as Tax Map 49, Parcel 20A, to the intersection of such
roadway with Road ~C, or to the parallel access road described above in the Cardinal Park
Drive Improvements.
In the alternative, if permission to construct an access to Route 7 across the land described as
Tax Map 49, Parcel 20A is not available, up to 824,433 gross square feet of buildings may be
developed on the property after obtaining final development plan and/or record subdivision plat
approval, issuance of requisite zoning permits, and contribution to the Town or VDOT in
accordance with Town or VDOT standards of the improvements described above in Paragraph
5 and construction of a four-lane pavement section of Fort Evans Road or Road ~ from the
Property to the Battlefield Parkway and of a half section of Battlefield Parkway from Fort Evans
Road or Road '~' to Route 7 Wgether with necessary related turn lanes, at-grade intersection
improvements at Route 7 including signalization at the intersection of Route 7 and East
Battlefield Parkway and at the intersection of Road ~ and the Leesburg Corner Spine Road.
Transportation Improvements. Up to 859,352 square feet of buildings may be developed on the
Property after obtaining final development plan and/or record subdivision plat approval, issuance
of requisite zoning permits, and contribution to the Town or VDOT in accordance with Town
or VDOT standards of the following improvements:
bo
The improvements stated above in Paragraph 8 provided that improved access via Fort
Evans Road or Road ~C is available east of the Property to East Battlefield Parkway.
The East Battlefield Parkway improvements described in Paragraph 8 are constructed.
If sufficient access to the Property is available via a two-lane half section of East
Battlefield Parkway and East Battlefield Parkway is constructed between Route 7 and
ORDINANCE: APPROVING REZONING #ZM-121 - LEESBURG CORNER
Edwards Ferry Road, the Appli~nt agrees to not oppose construction of a cul-de-sac of
Fort Evans Road per the Town's Route 7 Corridor Study, which shall be accomplished
at no cost to the Town.
10.
Off-Site Transoortation Imorovement~. The Applicant will contribute in the form of cash or the
dedicated traffic improvements listed on Ezhlbit C attached hereto up to the aggregate sum of
One Million Seven Hundred Forty-Seven Thousand Two Hundred Ten Dollars (:$1,747,210)
(based on the projected 753,937 grces square feet of office and commercial space and 105,415
gross square feet of warehouse building space) under the terms and conditions stated herein,
as its pro-rata, non-refundable, contribution toward the cost of regional roadway improvements
within the area of the Town including, but not limited to, the construction and dedication of
the Town's Route ? Corridor Study improvements described above. This monetary contribution
shall be equal to Two and 20/100 ($2.20) per ~oes square foot of office and commerdal space
and Eighty-four Cents ($0.84) per ~ square foot of warehouse space constructed on the
Property. These funds shall be paid into an escrow account established by the Town for the
specific purpose of financing the construction of regional transportation improvements such as
Battlefield Parkway. The first 507,477 groes square feet of office and commercial space and
105,415 ~ross square feet of warehouse building space shall be developed without payment of
any such monetary contribution based on the credits listed on E=hibit C. The 246,460/ross
square feet balance of office and commercial space shall be developed after payment into the
above-described escrow account of Two and 20/100 Dollars ($2.20) per lross square foot of
office and commercial space prior to issuance of zoning permits for such office and commercial
space.
11.
Preliminary Development Plan Review. Upon review and approval of preliminary development
plans for each portion of the Property by the Town Planning Commi._,~ion and Town Council,
the Property shall be developed in accordance with the standards stated on the Rezoning Plan
attached as Exhibit B and in accordance with the following design guidelines:
ao
Buildings developed on Parcels A, B, and C of the Property will incorporate compatible
design elements, building materials, elevations and roof forms.
bo
Building colors of buildings developed on Parcels A, B, and C will be from the same
color palette and will be complementary.
Buildings developed on Parcels A, B, and C will be designed to relate to each other and
to common vehicular and pedestrian corridors.
d. Site planning for parcels developed on the Property will incorporate pedestrian
circulation throughout the parcel and the Property as a whole.
The preliminary development plan for Parcel A of the Property, which shall be reviewed
by the Planning Commission and approved by the Town Council, shall include a
common open space area to provide open space credit for individual development lots
or parcels of Parcel A. Construction by the Applicant or its assigns of the pedestrian
trail shown on Exhibit "B" and of any common open space parcel shall be phased as
adjacent lots are developed. Any such common area open space must be improved with
landscaping, which shall be installed concurrently with the development of the parcel
of Property which is to receive an open space credit. The parking setback differential
described below in subparagraph (h) (e.g., the twenty ((20)) feet along the Leesburg
Bypass) shall be aggregated to create a park that is at least one and one-half contiguous
acres in size on Parcel A, which will be accessible to users of office buildings located
on Parcel A.
ORDINANCE: APPROVING REZONING #ZM-121 - LEESBURG CORNER
f.
Architectural elevations and a comprehensive signage plan for Parcels A, B, and C shall
be submitted for review and approval by the Planning Commission and Town Council
at such time as the first preliminary development plan or subdivision plan is submitted
for any such parcel. Directional and tenant signage shall be consistent throughout the
Property and shall be consistent with Article 10 of the Town's Zoning Ordinance.
go
As shown on Exhibit B, a one hundred (100) foot building setback win be observed
along Route 7 and along the Leesburg Bypass and a forty (40) foot building setback will
be observed along Fort Evans Road. As shown on Exhibit B, a one hundred (100) foot
parking setback will be observed along Route 7, an eighty (80) foot parking setback will
be observed along the Bypass and a forty (40) foot parking setback will be observed
along Fort Evans Road.
ho
ParMng areas shall not be located exclusively at the front of building sites and when
possible, will be located at the sides or rear of a building. All off-street parking areas
will be separated from roads, open space areas, sidewalks and traffic arterials by hedges,
plantings, earthen berms, changes in grade, or walk~. The one hundred (100) foot
building setback areas along Route 7 and the Leesburg Bypass, the eighty (80) foot
building setback areas along the Leesburg Bypass, and the forty (40) foot building
setback areas along Fort Evans Road shall not be used for parking.
Typical landscaping depicted on Exhibit C-1 and C-2 may be used to delineate vehicular
and pedestrian circulation patterns, preserving mature or specimen trees where possible.
Best efforts shall be used to preserve or replace with a like species of hardwood trees
which will grow to an equivalent stature, any mature or specimen trees located within
the perimeter setback areas of the Property, and on open space areas of any common
area lot of Parcel A.
Pedestrian paths will be paved with hard, even surface materials such as brick, concrete
or asphalt rather than loose gravel or individual stepping stones, and will be designed
to create a comfortable attractive pedestrian environment. Paving materials for
sidewalks and foot paths, seating, fountains, lawns and landscaping will be consistent
throughout the Property.
No materials, supplies, equipment, or finished products shall be stored outside of any
building on the Property unless such areas are visually screened from public walkways
or thoroughfares by architectural or landscaped screening.
12.
Fire and Rescue. Immediately prior to obtaining zoning permits for individual buildings
constructed on the Property, Twenty Cents ($0.20) per gross square foot of each building
actually constructed on the Property shall be paid to the Town, as a donation to the fire and
rescue facility providing service to the property. The amount of contributions for fire and rescue
shall be adjusted annually in accordance with the Consumer Price Index for Loudoun County,
Virginia.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this 10th day of September, 1991.
Crerk of Council
Town of Leesburg