HomeMy Public PortalAbout1992_07_14_O026 ZM 132 Leesburg Associates Limited Partnership The Town of
Leesburg,
Tirginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED July 14, 19'92
92-0-26 ADOPTED July 14, 1992
AMENDING THE TOWN PLAN AND THE LEESBURG ZONING MAP AND
APPROVING A REZONING APPLICATION FOR #ZM-132 BY LEESBURG
ASSOCIATES LIlVI1TED PARTNERSHIP
WHEREAS, the Town of Leesburg received a complete rezoning application and fees from
Leesburg Associates Limited Partnership on September 27, 1991, to rezone a 22.57-acre tmrcel of land
located north of Fort Evans Road, approximately 1500 feet east of the Route 15 Bypass,. and further
identified as Loudoun County Tax Map 49, parcel 20B, from R-1 to R-16 with proffers; and
WHEREAS, this apph'cation was received by the Town Council on October 22, 1991, and referred
to the Planning Commission for public hearing under Chapter 11, Title 15.1, of the 1950 Code of Virginia,
as amended; and
WHEI~EAS, on November 21, 1991, the Plaoning Commission held a public h~m~ng on this
application; and
WHEREAS, on January 23, i992, the Planning Commission recommended conditional approval of
this application to Council; and
WHEREAS, on March 24, 1992, the Council held a public hearing to consider this application; and
WHEREAS, on May 22, 1992, the AADP Joint Policy Review Committee recommended the
Annexation Area Development Policies be amended; and
WHEREAS, on June 2, 1992, the Board of Supervisors endorsed the AADP Joint Policy Review
Committee recommendation; and
WHEREAS, the applicant has submitted signed and notarized proffers to address tim concerns of
WHEREAS, the property is located adjacent to existing R-16 residentially zoned p,'operty to the
east, thereby creating a contiguous residential community; and
WHEREAS, the proposed Road "Y~' creates a barrier between employment uses to the west of the
AN ORDINANCE APPROVING #ZM-132 BY LEESBURG ASSOCIATES 2
site, mitigating the adverse impacts of the proposed employment uses on the proposed residential uses;
and
WHEI~EAS, the number of multi-fAmily units proposed with this application will not impact the
town's overall housing mix at buildout, nor will the proposal impact the overall residential density cap of
the AADP agreement; and
WHEREAS, land development proposals for mixed use centers currently exceed the expectations
of the Town Plan in terms of approved square feet thereby off-setting the impact of this 22.5-acre site from
employment to residential; and
WHEREAS, this rezoning request is in the interest of public necessity, convem'ence, general
welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in V'~ginia, as follows:
SECTION I. Rezoning application #ZM-132 and Town Plan amendment by Leesburg Associates
Limited Partnership is hereby approved and the Leesburg Zoning District Map is Amended to change from
R-1 to R-16 with proffers, 22.57 acres of land located north of Fort Evans Road appro~imstely 1500 feet
east of the Route 15 Bypass and further identified as Loudoun County Tax Map 49, parcel 20B, as drawn
on the concept plan by Bowers & Associates, P.C., dated November 7, 1991, revised June 23, 11992, subject
to the following conditions proffered in writing by the property owner on March 24, 1992, as revised on
July 9, 1992, in accordance with the provisions of Section 15.1-491(a) of the 1950 Code of Virgini~ as
amended:
Pursuant to Section 15.1-491 et seq. of the Code of Virginia of 1950, as amended, and Section 13A-
12 of the Zoning Ordinance of the Town of Leesburg (the ~rown"), Leesburg Associates Limited
Partnership, a Virginia Limited Partnership, together with its successors and assigns (the ~ApplicantU),
which is the applicant herein and the owner of appro~imstely 22.57 acres of land (the ~Property~) described
as Parcel 20B on Tax Map 49 in the Loudoun County records and which is seeking approval by the Town
of rezoning of the Property to the R-16 Zoning District, hereby submits the following voluntary proffers
which supersede all prior proffers and which are contingent upon Town approval of all the above-described
AN ORDINANCE APPROVING #ZM-132 BY LEESBURG ASSOCIATES
actions requested by Applicant.
Permitted Uses and Development Density. When the Town adopts an ordinance approving the
rezoning of the Property to the R-16 zoning category, the Property may be developed with no
more than sixteen multi-family dwelling units per net acre and ten single family attached dwelling
units per net acre, ns stated in Section 3H-2 of the Town's Zoning Ordinance adopted by the Town
as of the date of approval of #ZM-132. Notwithstanding the foregoing, the maximum overall
residential density for the Property shall not exceed twelve dwelling units per net acre. The
overall development density and the dwelling unit mix for the Property, shall be submitted for
review and approval by the Town Planning Commission in conjunction with its review and approval
of the first preliminary subdivision plan or development plan for that portion of the Property. The
exterior design elevations and standards for any single family or multi-family dwelling units to be
developed on the Property shall be submitted for review and approval by the Town planning
Commission in conjunction with its review and approval of the first preliminary subdivision plan
or development plan for such single family or multi-family portion of the Property.
Rezoning Plan. Development of the Property shall be in substantial conformity with the Rezonlng
Plan dated September 18, 1991, prepared by Bowers and Associates, attached hereto as Exhibit
"A" (the "Rezoning Plan") which shall control the location of roadways on the Property. The
features shown on the Rezoning Plan may be adjusted to accommodate engineering and design
alterations at the time of subdivision or development plan approval for lots or parcels developed
on the Property. The Rezoning plan does not control the location of roadways located off of the
Property. Development plan and subdivision plan approval is subject to the requirements of
applicable Town subdivision and zoning ordinances in effect at the time of action by the Town on
any such applications. Town approval of the Rezoning Plan does not express or imply any waiver
or modification of the requirements set forth in the various Town ordinances and design standards.
o
Transportation Improvements. As illustrated on the Transportation Improvement Plans attached
hereto as Exhibit ~B", the Applicant shall initially access the Property from Fort Evans Road
(Alternative A) or from Road '~ (Alternative B) and will extend necessary traffic improvements
and required development infrastructure across the Property from such initial point of
development as adjacent portions of the Property are developed. Access to the Property via
Alternative A will be constructed concurrently with road frontage improvements of Fort Evans
Road described in Proffer 3(a). Access to the Property via Alternative B will be constructed
concurrently with road frontage improvements of Road '~ described in Proffer 3(d). All
permanent travel lanes shall be no narrower than twelve (12) feet. All permauent right-of-way
and roadway improvements shall be dedicated to the Town or VDOT in fee simple, free and clear
of any and all liens, and shall comply with Town or VDOT roadway construction standards. Upon
receipt of requisite record subdivision plat or l~nA1 development plan approval for such portion of
the Property and as the portion of the Property abutting an existing public right-of-way is
developed, the Applicant or its successor shall dedicate, bond and construct to the Town or VDOT
specifications the following improvements:
To the extent such improvements are not provided by others, the Applicant shall construct
the southern half section of that portion of Fort Evans Road which abuts the northern
boundary of the Property. The improvements of Fort Evans shall be limited to the
southern half section of the ultimate four lane undivided 52 foot wide pavement section
in one half of a 70 foot right-of-way and necessary right-of-way for turn lanes as required
by Town and/or VDOT standards. The improvement of Fort Evans Road will include
curbs, gutters, a sidewalk on the south side, and a right turn lane for east bound traffic
access to the Property from Fort Evans Road. The Property frontage imp:rovements of
Fort Evans Road will not require reconstruction of the existing 16" water main, so long as
AN ORDINANCE APPROVING #ZM-132 BY LEESBURG ASSOCIATES
the depth to such water main does not exceed eight feet from the finished surface of Fort
Evans Road and so long as the water main is not within four feet of the surface of Fort
Evans Road.
(b)
To the extent such improvements are not provided by others, the Applicant shall improve
the off-site portion of Fort Evans Road which extends from the western edge of the
Property to the Leesburg By-Pass in the approximate current alignment of existing Fort
Evans Road by widening such section to 22 feet of pavement (the "Off-Site Portion of For
Evans Road"). The Off-Site Portion of Fort Evans Road will be consistent with a VDOT
GS-6 minor arterial, will include shoulder and ditch design and two eleven foot travel
lanes, and will be designed to accommodate a thirty M.P.H. design speed. Construction
methods proposed to achieve the Y-DOT GS-6 design while utilizing the existing road
surface shall be subject to review and approval by the Town Director of Engineering.
Such roadway section will include necessary drainage improvements, but will not include
curbing, gutters or sidewalks.
The Applicant shall contribute to the Town up to a total of One Hundred Twenty
Thousand ($120,000) for provision of traffic signalization of the intersection of Fort Evans
Road with the Leesburg By-Pass and/or traffic si~Ali,~tion of the intersection of Road ~
and Cardinal Park Drive Extended, as determined by the Towm Such payments to the
Town shall be made ratably on a per dwelling unit basis prior to issuance of a zoning
permit for each such dwelling unit. The pro rata payment of the traffic signal contribution
shall be determined upon Town approval of the first preliminary subdivision or
development plan for any portion of the Property by dividing $120,000 by the actual
number of dwelling units approved for the Property. In the event that the Town Director
of Engineering determines that such sign~li~.ation is not warranted by development of the
Property, the $120,000 shall be utilized for other off-site transportation improvements
utilized by occupants of the Property.
(d)
The Applicant shall construct to Town or VDOT standards and dedicate to the Town or
VDOT, the northern one-half of the ultimate four lane section of the Road '~ divided
through collector, which shall incorporate a twenty-seven foot wide pavement section in
a forty-five foot wide right-of-way along the southwestern portion of the Property, as
shown on the Transportation Improvement Plans attached hereto as Exhibit B.
(e)
At the option of the Applicant, and in lieu of the construction and dedication of the
roadway improvements described above in Proffer 3(b), to the extent such improvements
are not provided by others, the Applicant may, at its sole option, construct to Town or
VDOT standards and dedicate to the Town or VDOT, the northern one haw of the
ultimate four lane section of the Road "Y~' divided through collector, which shall
incorporate a twenty-seven foot wide pavement section in a forty-five foot wide right-of-
way from the southeastern corner of the Property to the western edge of Battlefield
Parkway. In the event that the Applicant elects to construct this portion of Road ~'~, the
Applicant will prepare and deliver to the Town at its sole cost a study of the location of
the intersection of Road '~' with Battlefield Parkway, which will locate such intersection
sufficiently north of East Market Street to permit construction of the northern portion of
the East Market Street and Battlefield Parkway interchange. If warranted by
development of the Property, the roadway improvements described in this i~ragraph shall
include improvements of the intersection of Road "Y~ and Battlefield Parkway necessary
to achieve acceptable intersection operation as defined in the Town Design and
Construction Manual (the "DCSM") and the Town Plan.
AN ORDINANCE APPROVING #ZM-132 BY LEESBURG ASSOCIATES
5
(f)
The Applicant will use its best efforts to obtain the consent of owners of off-site property
required to construct the improvements proffered herein~ In the event that off-site
improvements are located on lands of others and such owner is unwilling or unable to
dedicate such necessary right-of-way, the Applicant will reimburse the Town the
reasonable and customary fair m~ket value costs, including reasonable attorney fees and
court cests, for the acquisition by the Town or VDOT of the portion of off-site !and
necessary to coustrnct the proffered improvements.
In the event that at the time of determination of the number of units which may be
developed on the Property as provided above in Paragraph One, the Transportation
Improvements described above in Paragraph Three have been provided by imrties other
than the Applicant, then the Applicant agrees to contribute to the Town up to a total of
One Hundred Seventy Five Thousand Dollars ($175,000) for provision of off-site
transportation improvements utilized by occupants of the Property, provided, however,
that such amount of contribution will be reduced by any additional transportation
improvements which the Town determines have been made by the Applicant and are not
described in these proffers. Such payments to the Town shall be made ratably on a per
dwelling unit basis prior to issuance of a zoning permit for each such dwelling unit. The
pro rata payment for off-site transportation improvements shall be determined upon Town
approval of the first preliminary subdivision or development plan for any portion of the
Property by dividing $175,000, less the cost of any additional transportation improvements
made by the Applicant, by the actual number of dwelling units approved for the Property.
Fire and Rescue. The record owner of the Property or its successors-in-interest shall pay to the
Town a cash contribution in the amount orS100.00 per residential unit act, rally constructed on the
Property. This cash contribution shall be transferred, after receipt by the Town, to the fire and
rescue facilities providing service to the Property in equal proportions and may be expended
toward the purchase of equipment or land for building sites or actual construction or
reconstruction of new or remodeled fire and rescue facilities. This ~ss_h contribution shall be paid
in increments immediately prior to and as a condition of issuance of any zoning permit for
dwellin~s constructed on the Property.
Adjustment of Monetary Contributions. The amount of monetary contributions for fire and rescue
and for traffic signs!i~.ation shall be adjusted ann~mlly upward from the date of final rezoping
approval in accordance with the Consumer Price Index.
Sewer and Water Service. The Applicant will provide water service to the Property from the
existing water line located at Fort Evans Road. Concurrently with construction of the Fort Evans
Road Improvements described above in Paragraph 3(a), and if necessitated by the construction of
such improvements, the Applicant will increase the pipe diameter of the portion of the existing
water line located in Fort Evans Road which abuts the Property from sixteen to twenty-four
inches, so long as the additional incremental cost of acquisition and ins~ll~tion of such larger pipe
and laterals is borne by the Town~ In the event that prior to issuance of zoning permits for the
Property, a sewer line providing adequate service for the Property has not been constructed by
others, the Applicant will construct a sewer line from the Property to the Town sewer treatment
facility. The execution and acceptance of these proffers does not imply that adequate sewer
capacity in Town sewer treatment facility will be available for dwellings constrncted on the
Property.
Development of the Property,. The Applicant will develop multi-fsmily and townhouse units on the
Property in substantial accordance with one of the three co~i~x~rations shown on the Land Use
Concept Plan dated October 7, 1991, by Bowers and Assodates, attached hereto as Exhibit ~C~.
AN ORDINANCE APPROVING #ZM-132 BY LEESBURG ASSOCIATES
In accordance with Section 3H-2 of the Town's Zoning Ordinance, any development plan utilized
by the Applicant will provide a minimum of 250 square feet of active recreational space for each
multi-fsmily unit. Active recreational facilities may include, but shall not be limited to a sw~mmlrt~
pool, volleyball facilities, a tennis court, or playground facilities. In addition to such on-site
recreational facilities, prior to issuance of a zoning permit for each dwelling unit constructed on
the Property, the Applicant will contribute to the Town for improvement of Ida ~ Park TWO
HUNDEED FIFTY DOIJARS ($250.00) for each dwellln~ unit. To the extent feasible, the
Applicant will utilize the existing trees on the Property to buffer adjoining uses and will
incorporate such trees into its development wherever possible. The Applicant will use its best
efforts to preserve any mature trees (18 inches in diameter) during the course of developing the
Property. As it develops the Property, the Applicant will cooperate with the Town in its efforts
to develop a regional trail system for the Towrh The Applicant will obtain all necessary permits
from the U.S. Army Corps of Engineers prior to disturbance of any wetland areas delineated on
the Property in accordance with the current Corps of Engineers Delineation Manual and will
furnish the Town with a copy of any such permits required by the Clean Water Act.
The undersigned Applicant which represents all of the owners of record of the Property, does hereby
voluntarily proffer the conditions stated above, which conditions shall be bindin~ on the Applicant and its
successors and assign and shall have the effect specified in Section 15.1-491.2 of the Code of Virg/nls
(1950), as amended.
SECTION II. The Town Plan land use policy map is hereby smended as follows: the above-
referenced property desiEnation shall change from Phmned Employment to High Density l~sidential to
reflect this rezoning approval.
SECTION I~. This ordinance shall be effective upon its passage.
PASSED this 14th day of July ,1992.
ATTEST:
Clerk of Council
Jam/es E. Clem, Mayor
Town of Leesburg