HomeMy Public PortalAbout1991_10_09_O047·
The Town of
Leesburg,
bTirginia
SUBSTITUTE
ORDINANCE NO.
AN ORDINANCE:
PRESENTED October 9, 1991
91-0-47
ADOPTED October 9, 1991
APPROVING THE REZONING APPLICATION AND AMENDING THE
ZONING DISTRICT MAP AND TOWN PLAN LAND USE POLICY MAP FOR
#ZM-129 FOR LEESBURG AUTO PARK BY FIRST POTOMAC
DEVELOPMENT CORPORATION
WHEREAS, On December 12, 1990, the Town Council received and referred to the Planning
Commission an application for rezoning a 20.7-acre parcel of land located south of Route 7 and west
of Keystone Boulevard from I-1 to a B-3 Community/Retail Commercial zoning district; and
WHEREAS, the applicable section of the Town Plan Land Use Policy Map recommends this
property for development of planned employment uses; and
WHEREAS, on February 7, 1991, the Planning Commission held a public hearing to consider
this application with proffers to allow only vehicle sales and/or rental facilities by special exception; and
WHEREAS, on May 9, 1991, following an extension of time requested by the applican~ the
Planning Commission recommended denial of this application for non-conformance with the Town Plan
Land Use Policy Map and the Annexation Area Development Policies; and
WHEREAS, on July 23, 1991, the Town Council held a public hearing to consider this rezoning
application; and
WHEREAS, on September 26, 1991, the Joint Policy Review Committee supported the Planning
Commission's recommendation and further recommended to Council denial of this application based on
non-conformance with the Annexation Area Development Policies land use policies along Route 7 which
recommend planned employment uses for this property; and
WHEREAS, the Town Council believes that the Town Plan goals and objectives can be better
served by amending the Land Use Policy Map to illustrate this 20-acre parcel as a corridor commercial
use; and
ALTERNATIVE
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ORDINANCE: APPROVING #ZM-129 AND AMENDING THE TOWN PLAN
WHEREAS, the proposed B-3 zoning district is consistent with the Corridor Commercial land
use policies of the Town Plan; and
WHEREAS, this rezoning request is in the interest of the public necessity, convenience, and
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-129 Leesburg Auto Park by First Potomac Development
Corporation is hereby approved and the Town Plan Land Use Policy Map is amended to illustrate this
parcel as a Corridor Commercial. The Leesburg Zoning District Map is hereby amended from I-1
Industrial Research Park to B-3 Community Retail District subject to the following proffers dated
[~/.~ , 1991 and in accordance with the provisions of Section 15.1--491(a) of the 1950 Code of
Virginia, as amended, for the 20.7 acres identified as Loudoun County Tax Map Parcel 49((5))-A:
Development of the Subject Property shall be in substantial conformance with the Rezoning
Concept Plan prepared by Patton, Harris, Rust & Associates (PHR&A) and dated November,
1990, as revised October 3, 1991, subject to minor engineering changes and adjustment as
warranted during the development plan approval process.
The record owner of the subject property or its successors-in-interest shall dedicate in fee simple
to the Town of Leesburg approximately 7.0 acres of land adjacent to the existing Leesburg
Sewage Treatment Plant. as may be adjusted to accommodate for Russell Branch Parkway, on
lands not included within the Subject Property but owned by Leegate Corporation, N.V., as
illustrated in the Rezoning Concept Plan. Dedication free and clear of all liens, shall take place
within 60 days of final rezoning approval subsequent to a determination that no appeals have
been filed contesting the validity of the Leesburg Auto Park rezoning.
Use of the Subject Property shall be confined to vehicle sales and/or rental facilities (only as
may be accessory to the principal vehicles sales uses) as allowed pursuant to a special exception
under Section 4C-3(4)(d) of the Zoning Ordinance of the Town of Leesburg in Virginia (1990).
The Applicant has applied for such a special exception and is seeking approval of this special
exception concurrent with the conditional rezoning approval sought herein and understands that
approval of this rezoning is not contingent upon approval of the special exception. None of the
land uses allowed by-right in the B-3 zoning district, itemized as Permitted Uses in Section 4C-
2 of the Zoning Ordinance of the Town of Leesburg in Virginia (1990), shall be allowed on the
Subject Property unless a proffer condition amendment to these proffers is granted by the Town
Council.
The record owner of the Subject Property or its successors-in-interest shall reserve for future
conveyance, grading easements and permanent slope easements in and on approximately 1.68
ALTERNATIVE A
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ORDINANCE: APPROVING #ZM-129 AND AMENDING THE TOWN PLAN
acres of land located along the western boundary of the Subject Property for use by the
Town, the Virginia Department of Transportation CVDOT"), or others in conjunction
with the future construction of the southeastern quadrant of the Route 7-East Battlefield
Parkway Interchange by the Town, VDOT, or others. This approximately 1.68-acre
reservation area is shown shaded on the Rezoning Concept Plan and shall conform with
the general limits of the construction shown on the Patton, Harris, Rust & Associates
'*Leegate North Preliminary Plans" for the East Battlefield ParkwayfRoute 7 Interchange,
dated June, 1990. This reservation for future conveyance shall be accomplished by
execution and recordation of a Deed of Reservation at no cost to the Town and without
monetary compensation to the record owner of the Subject Property or its successors-
in-interest. This Deed of Reservation shall be executed and recorded prior to approval
of the first final development plan or first record plat for any portion of the Subject
Property, which ever event may occur first. This Deed of Reservation shall, but its
terms, exclude and prohibit the construction of any permanent structures within the
1.68-acre reserved area and shall state that conveyance of grading easements and
permanent slope easements, by the record owner of the Subject Property or its
successors-in-interest, in and on the aforesaid 1.68 acres shall take place not later than
sixty (60) days after receipt by the Town of written notification by VDOT that VDOT
has approved final design plans for the aforesaid East Battlefield ParkwayfRoute 7
Interchange requiring grading easements and permanent slope easements in and on the
1.68-acre reserved area.
The Applicant and the record owner of the Subject Property or its successors-in-interest
acknowledge that the final exact alignment and engineering plans of the East Battlefield
Parkway/Route 7 Interchange has not yet been approved by the Town of Leesburg or VDOT.
In order to provide design flexibility to accommodate the future approval of the aforementioned
final exact alignment and engineering plans and ultimate construction of the interchange by
others, the Applicant and the record owner of the Subject Property or its successors-in-interest
agree to cooperate with the Town during the development of the Subject Property and to
dedicate fee simple right-of-way and/or easement interests, at no cost to the Town, on the
Subject Property, as may be appropriate, provided that such dedication does not materially alter
their ability to develop the Subject Property in substantial conformance with the Rezoning
Concept Plan as determined by the Town Zoning Administrator. The Applicant and the record
owner of the Subject Property or its successors-in-interest further acknowledge that the
movement and/or relocation of proposed buildings or parking areas may be necessitated due to
the ultimate approved alignment of the East Battlefield Parkway/Route 7 Interchange.
Furthermore, the Applicant and the record owner of the Subject Property or its successors-in-
interest acknowledge that the proffered Rezoning Concept Plan does not constitute an approved
development plan and that the precise location and design of the interchange will not be
determined until approval of the final development plan for the Leesburg Auto Park. In this
regard, the record owner of the Subject Property or its successors-in-interest shall provide to
the Town a preliminary interchange design plan package concurrent with the submission of the
first record plat or first final development plan, whichever submission occurs first.
The record owner of the Subject Property or its successors-in-interest shall construct the
following improvements to the intersection of Keystone Drive and Route 7 as generally depicted
on the Patton, Harris, Rust & Associates "Leesburg Auto Park Anticipated Route 7
Improvements," Concept Plan dated January 28, 1991, to achieve Level of Service (LOS) D or
better conditions on all approaches and includinE.
ALTERNATIVE A
-4-
ORDINANCE: APPROVING #ZM-129 AND AMENDING THE TOWN PLAN
A. Lengthen the existing Route 7 westbound left turn lane.
B. Construct a Route 7 eastbound third lane adjacent to the Subject Property.
Co
Construct a Route 7 eastbound third lane in the existing right-of-way next to the Lee
Center property (Loudoun Tax Map Parcel 49-23A) for an effective six-lane section.
This commitment shall not be construed to be an obligation to construct full-frontage
improvements along the Lee Center Route 7 frontage.
Do
Construct a Route 7 westbound third lane in the existing right-of-way next to the Twin
Lakes (Loudoun County Tax Map Parcel 49-27A), Heider, and Cassidy (Loudoun County
Tax Map Parcel 49-27C) properties.
All intersection improvements will be built to the Town of Leesburg and VDOT standards with
required turn lanes.
All road improvements listed as Items A-D above shall be designed and bonded concurrent with
approval of the first final development plan or first record plat, whichever occurs first, and shall
be constructed and completed with the first phase of development.
If the road improvements listed as Item A above are constructed or bonded by others prior to
approval of the first final development plan or first record plat, whichever occurs first, the
record owner of the Subject Property or its successors-in-interest, in lieu of providing the road
improvements listed as Item A above, shall design and construct a second westbound Route 7
left turn to allow for double left turns at the median crossover to southbound Keystone Drive.
If the road improvements listed as Items C and D above are constructed or bonded by others
prior to approval of the first final development plan or first record plat, whichever occurs first,
the record owner of the Subject Property or its successors-in-intere~ shall be relieved of the
responsibility for implementing the improvements listed as Items C and D above.
The record owner of the Subject Property or its successors-in-interest shall design a traffic
signalization device for the intersection of Keystone Drive and Route 7 with the first submission
of construction drawings for any portion of the Subject Property. The aforesaid traffic
signalization device shall be installed at no cost to the Town within 90 days subsequent to
issuance of a VDOT official written determination that sufficient minimum warrants exist
requiring signalization at the Keystone Drive/Route 7 intersection. If such sufficient minimum
warrants are not determined by VDOT to exist prior to issuance of the first Zoning Permit for
any portion of the Subject Property, cash funds for the installation of this traffic signalization
device shall be paid to the Town to be held in an interest-bearing fund whose monies shall be
expended only toward the installation of this traffic signalization device. This payment shall
not be made if construction funds for such signalization have been previously bonded or
supplied by others prior to issuance of the aforesaid first Zoning Permit.
The record owner of the Subject Property or its successors-in-interest shall dedicate sufficient
right-of-way as shown on the Rezoning Concept Plan for construction of a four-lane divided
urban road section along Keystone Drive and shall construct two lanes along Keystone Drive.
These Keystone Drive improvements shall be on-half of the ultimate four-lane section with turn
lanes and raised median pursuant to VDOT and Town standards and shall include right turn
deceleration lanes at:
ALTERNATIVE A
-5-
ORDINANCE: APPROVING #ZM-129 AND AMENDING THE TOWN PLAN
A. Route 7 (northbound two turn lanes).
B. Entrance to Subject Property (southbound ultimate right-in/out only).
C. Russell Branch Parkway (southbound).
The record owner of the Subject Property or its successors-in-interest shall construct two lanes
of the ultimate four-lane divided Keystone Drive cross-section between Route 7 and Russell
Branch Parkway during the first phase of development and concurrent with development under
the first record plat or first final development plan, whichever occurs first. The record owner
of the Subject Property or its successors-in-interest shall construct the remaining two lanes and
raised median of the ultimate four-lane divided Keystone Drive cross-section between Route 7
and Russell Branch Parkway at such time as: (a) Keystone Drive is extended south of Russell
Branch Parkway and into the Lee Center property by others, or Co) Russell Branch Parkway
is extended east of Keystone Drive into Tuscarora Business Center by others, or (c) Russell
Branch Parkway is extended west of East Battlefield Parkway.
The record owner of the Subject Property or its successors-in-interest shall be relieved of the
responsibility of the aforementioned Keystone Drive improvements if these improvements are
constructed or bonded by the owners of the Lee Center property (SBPL 89-49) prior to the
issuance of the first Zoning Permit for any portion of the Subject Property.
Dedication of the Keystone Drive right-of-way, free and clear of all liens, shall take place at time
of approval of the first final development plan or first record plat, whichever occurs first.
The record owner of the Subject Property or its successors-in-interest shall relocate the
permanent access to the Leesburg Sewage Treatment Plant to two entrance points along Russell
Branch Parkway as shown on the Rezoning Concept Plan during the first phase of development
and concurrent with development under the first record plat or first final development plan,
whichever occurs first. Both access points shall be designed in accordance with Town
standards. The first (eastern) permanent access shall be located approximately 600 feet west
of Keystone Drive and shall be aligned with the
existing western driveway to the Leesburg Sewage Treatment Plant. The second (western)
permanent access shall be located approximately 1,075 feet west of Keystone Drive. Both
permanent access point shall accommodate WB-50 truck access to the Leesburg Sewage
Treatment Plant. Additionally, the record owner of the Subject Property or its successors-in-
interest shall relocate the existing fence along the northern boundary of the Leesburg Sewage
Treatment Plant to a new location on the south side of Russell Branch Parkway, at no cost to
the Town, concurrent with construction of Russell Branch Parkway.
The record owner of the Subject Property or its successors-in-interest shall construct temporary
access in accordance with Town standards between the Town Maintenance Facility and the
Russell Branch Parkway/Keystone Drive intersection to accommodate WB-50 truck access
entering the Town Maintenance Facility south of Russell Branch Parkway during the first phase
of development concurrent with development under the first record plat or first final
development plan, whichever occurs first. Additionally, the record owner of the Subject
Property or its successors-in-interest shall construct the ultimate access to the Town
Maintenance Facility from Keystone Drive. This ultimate access shall be bonded or constructed
prior to approval of the last final development plan or at such time as Keystone Boulevard is
ALTERNATIVE A
-6-
ORDINANCE: APPROVING #ZM-129 AND AM]~NDING THE TOWN PLAN
10.
11.
12.
extended south of Russell Branch Parkway, whichever occurs first.
The record owner of the Subject Property or its successors-in-interest shall dedicate right-of-
way, free and clear of all liens, for and construct Russell Branch Parkway as a four-lane divided
urban through-collector road section as depicted on the Rezoning Concept Plan. Construction
of Russell Branch Parkway shall take place during the first phase of development concurrent
with development under the first final subdivision plat or first final development plan,
whichever occurs first. The construction of this road section shall be conditioned upon
dedication of 45 feet from centerline on the Town of Leesburg sewage treatment plant property
for construction of the public street cul-de-sac with approximately 1,200 foot length. Dedication
of the Russell Branch Parkway right-of-way, free and clear of all liens, shall take place prior
to approval of the first final development plan or first record plat, whichever occurs first.
The record owner of the Subject Property or its successors-in-interest shall dedicate, free and
clear of all liens, at time of approval of the first final development plan or first record plat,
whichever occurs first, sufficient right-of-way to allow for a ninety-foot (90') right-of-way
ultimate section roadway along proposed Russell Branch Parkway west of the cul-de-sac for the
purpose of extending a street west of the Subject Property.
The record owner of the Subject Property or its successors-in-interest shall pay to the Town
cash funds for or construct that ultimate section of Russell Branch Parkway on the Subject
Property west of the cul-de-sac to East Battlefield Parkway prior to issuance of the first Zoning
Permit for any construction on Lot 4 or when final design plans for an East Battlefield
Parkway/Route 7 intersection are approved by VDOT, whichever event occurs first. If cash
funds are paid to the Town, these funds shall be held in an interest-bearing fund whose monies
shall be expended only toward construction of that ultimate section of Russell Branch Parkway
on the Subject Property west of the cul-de-sac to East Battlefield Parkway.
The record owner of the Subject Property or its successors-in-interest shall pay to the Town
cash funds for or install a traffic signalization device at the intersection of the Subject Property
entrance and Russell Branch Parkway prior to issuance of the final Zoning Permit for the
Subject Property. If the cash funds are paid to the Town, these funds shall he held in an
interest-bearing fund whose monies shall be expended only toward the installation of this traffic
signalization device. The record owner of the Subject Property or its successors-in-interest shall
submit design plans for this traffic signalization device with the first submission of construction
drawings on the Subject Property.
The record owner of the Subject Property or its successors-in-interest, shall contribute up to
the aggregate sum of Two Hundred Thousand Dollars ($200,000) (based on the projected
100,000 gross square feet of commercial 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 of Leesburg, including but not limited to, the
construction of the off-site Route 7 improvements described in Proffer 5, above. This monetary
contribution shall be equal to Two Dollars ($2.00) per gross square feet of commercial building
space actually constructed on the Subject Property. These funds shall be paid into an escrow
account established by the Town of Leesburg for the specific purpose of financing the
construction of roadway improvements. The record owner of the Subject Property or its
successors-in-interest, shall make payments on a square footage basis immediately prior to the
issuance of Zoning Permits for construction of individual commercial buildings on the Subject
ALTERNATIVE A
-7-
ORDINANCE: APPROVING #ZM-129 AND AMENDING THE TOWN PLAN
13.
14.
Property. Credit shall be given against the construction by the record owner of the
Subject Property or its successors-in-interest of the off-site roadway improvements
described in Proffer 5, Item D above.
The record owner of the Subject Property and its successors-in-interest shall provide, at no cost
to the Town, temporary construction and permanent grading easements on-site for the Keystone
Drive/Route 7 flyover as may be needed to facilitate construction by others of the aforesaid
flyover pursuant to approved design and final construction plans prepared by others. The
record owner of the Subject Property and its successors-in-interest acknowledge that the
Keystone Drive/Route 7 intersection is an interim access which is subject to elimination by the
Town and/or VDOT, without compensation to the record owner of the Subject Property or its
successorsdn-interest, but further acknowledge that such interim access may not be eliminated
by the Town and/or VDOT until such time as other complete construction of a Route 7fEast
Battlefield Parkway at-grade intersection or grade-separated interchange and complete
construction of a Route 7/Route 653 at-grade intersection or grade-separated interchange with
Russell Branch Parkway providing access between East Battlefield Parkway and Route 653
(hereinafter referred to collectively, as "Alternative Route 7 Access").
Notwithstanding the immediately prior paragraph, if a traffic study based on the traffic
generated by the phased development of Leegate, Lee Center Business Park, and Tuscarora
Business Park is provided within sixty (60) days of completion of the aforementioned Alternative
Route 7 Access and at no cost to the Town by others which demonstrates to the satisfaction
of the Town that:
(a)
Level of Service (LOS) D or better conditions do not exist at
either the Route 7/East Battlefield Parkway intersection or
interchange or the Route 7/Route 653 intersection or
interchange, or
Co)
LOS C or better conditions do not exist at any of the at-grade intersections on
Russell Branch Parkway from the East Battlefield Parkway/Russell Branch
Parkway intersection to the Route 653/Russell Branch Parkway intersection,
then, the Keystone Drive/Route 7 intersection shall not be closed.
Notwithstanding the other paragraphs in this Proffer, the Keystone Drive/Route 7 intersection
shall be closed immediately upon the completion of construction of the East Battlefield
Parkway/Route 7 grade-separated interchange~:~.u..t.~c..~...m.pe..~.~.n..~...tp.~.h~.r.e.~..cp.~.d~n..e...r.~.f.~t..h.e..
Subject Prope~ or its successors-in-interes...t, ~~i~ii~~;~l~~ ~
The record owner of the Subject Property or its successors-in-interest shall establish a limited
access line by recordable documentation and forms approved by the Town Attorney along the
Subject Property's Route 7 frontage at time of approval of the first development plan or first
record plat,
whichever occurs first. This limited access line shall extend west of the proposed Keystone
Drive right-of-way along the Subject Property's Route 7 frontage.
ALTERNATIVE A
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ORDINANCE: APPROVING #ZM-129 AND AMENDING THE TOWN PLAN
15.
The record owner of the Subject Property or its successors-in-interest pay to the Town cash
funds for or design and install a traffic sign~li~.ation device for the Keystone Drive-Russell
Branch Parkway intersection at such time as Keystone Drive is built to the ultimate four-lane
section. If cash funds are paid to the Town, these funds shall be held in an interest-bearing
fund whose monies shall be expended only toward the design and installation of a troffic
signalization device for the Keystone Drive-Russell Branch Parkway intersection at such time
as Keystone Drive is built to the ultimate four-lane section.
16.
The record owner of the Subject Property or its successors-in-interest shall remove, at no cost
to the Town, the Keystone Drive entrance into the Subject Property within sixty (60) days after
the Town notifies the record owner of the Subject Property or its successors-in-interest that
construction of the/Keystone Drive/Route 7 flyover is scheduled to begin.
17.
The record owner of the Subject Property or its successors-in-interest shall pay to the Town a
cash contribution in the amount of Ten Cents ($0.10) per gross square foot of commercial
building space actually constructed on the Subject Property. This cash contribution shall be
transferred, after receipt by the Town, to the first and rescue facilities providing service to the
Subject Property in equal proportions and may be expended toward the purchase of equipment
or land for building sites or actual construction or reconstruction of now or remodeled fire and
rescue facilities. This cash contribution shall be paid in increments immediately prior to
issuance of any zoning permits for commercial buildings to be constructed on the Subject
Property.
18.
All monetary contribution stated in these proffers shall be subject to upward adjustment from
the date of final rezoning approval at a rate equal to any fluctuations in the Consumer Price
Index (C.P.I.) from the date of final rezoning approval.
19.
Any dedications of fee simple or easement interests to the Town described in any of these
Proffers shall be accomplished free and clear of all liens and encumbrances.
20.
If any of the monetary contributions stated in these proffers earmarked for expenditure toward
certain specified improvements are determined, in the sole discretion of the Town, to be
inappropriate for expenditure toward those certain specified improvements, then the
aforementioned monetary contributions shall be returned to the record owner of the Subject
Property and any interest generated by these monetary contributions while being held by the
Town shall be retained by the Town as a service charge.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this 9th day of October, 1991.
Clerk of Council
Town of Leesburg
O:zm-129.A
ALTERNATIVE A