HomeMy Public PortalAbout1994_05_31_O017 ZM 138 Amending ZM 116 Stratford The Town
Leesburg,
Virginia
PRESENTED May 31~ 1994
ORDINANCE NO. 94- 0-17
ADOPTED Ma'y 31, 1994
AN ORDINANCE:
APPROVING REZONING APPLICATION #ZM-138 TO AMEND THE
EXISTING PROFFER/CONCEPT PLAN ESTABLISHED FOR #ZM-116 -
STRATFORD IN LEESBURG.
WHEREAS, on December 14, 1993 the Town Council received and referred Resolution #93-249 to
the Planning Commission for a proffer/concept plan amendment to the Stratford Planned Development; and
WHEREAS, on March 3, 1994 the Planning Commission recommended to Council that the Stratford
proffer/concept plan amendment be favorably considered if the engineering comments dated February 28,
1994, are addressed in Council discussions with the applicant; and
WHEREAS, on April 12, 1994 Council considered this proffer/concept plan amendment at public
hearing and recieved no comments from the public; and
WHEREAS, the proposed proffer/concept plan amendment seeks to establish a phasing plan for the
public roadway improvements that will not unfairly burden the initial phase of development; and
WHEREAS, this rezoning request is in the interest of public necessity, convenience and general
welfare:
place:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Proffer No. 6 is hereby deleted in its entirety and the following shall be inserted in its
Project Phasing Plan for Off-Site Roadway Improvements. The off-site roadway
improvements for the Project shall be developed in accordance with the plan entitled "Project
Phasing Plan for Off-site Roadway Improvements" prepared by Bowers & Pe;sociates, P.C.
dated October 29, 1993, revised through May 27, 1994, a copy of which is attached hereto as
Exhibit I ("Phasing Plan"). Notwithstanding anything to the contrary contained in the
Proffers, the Applicant shall have no obligations to complete any "off-site roadway'
improvements should the cost of such improvements exceed the aggregate sum described in
Proffer No. 3 and Proffer No. 4 hereof.
Said Phasing Plan provides for development of off-site roadway improvements :in accordance
with the following schedule:
APPROVING #ZM-138
2
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Residential Development.
The improvements to Sycolin Road (Route 643) from Route 7/15 Bypass to
approximately 300 feet south of Hope Parkway shall be a four-lane
undivided roadway and the road design shall be completed prior to the
recordation of the first final record plat. This will be considered an "off-site
roadway" improvement.
(a)
Concurrent with the recordation of the first final record plat,
acceleration, deceleration and left turn lanes shah be dedicated and
bonded at the intersection of Hope Parkway (formerly known as
Stratford Center Parkway) and Sycolin Road. Such improvements
shall be considered an "on-site roadway" improvements, unless the
turn lanes can be incorporated in the design described in Proffer
6.A. 1 above, in which event they shall be considered "off-site
roadway" improvements.
0,)
Additionally, the Applicant, or its successors-in-interest, shall
dedicate free and clear of all liens rights-of-way to VDOT or the
Town of Leesburg 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
(aMa the Dulles Greenway) and its above-grade interchange with
Battlefield Parkway (realigned Route 654) has been constructed and
is in operation and when such dedication is requested by VDOT or
the Town of Leesburg.
Only in the event that the Town has acquired all necessary, right-of-way
dedications from off-site owners, a separate Northbound right turn lane on
Sycolin Road with a storage length of 200 feet and a traffic signal installed
at the intersection of Sycolin Road and Hope Parkway shall be bonded prior
to the recordation of the final plat containing the 304th residential unit.
These improvements shah be considered "off-site roadway" improvements.
Prior to the recordation of the final record plat containing the 540th
residential unit, the westerly half-section of a four lane undivided Sycolin
Road (Route 643) possessing approximately 52 feet in width and 1,500 feet
in length, from Hope Parkway to the Route 643/Route 7/15 Bypass
intersection shall be dedicated and bonded. The Applicant agrees to
dedicate the right-of-way when requested by the Town if it occurs prior to
the 540th residential unit. This dedication may be necessary to
accommodate the commercial development as provided in Proffer 6.B.
hereof. All of these improvements shah be considered as "off-site roadway"
improvements.
The remaining easterly half section of 52 foot four lane undivided roadway
described in Proffer 6.A.4 shall be dedicated and bonded on or before the
recordation of the final record plat containing the 948th residential unit.
These improvements shall be considered as "off-site roadway" improvements.
APPROVING #ZM-138
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Finally, on or before the recordation of the final record plat containing the
last residential unit, the residential traffic signal at the intersection of
Stowers Lane and Evergreen Mills Road, S.E. shall be designed and bonded
and the developer shall make the required five percent (5%) contribution
to the residential traffic signal at the intersection of Evergreen Mills Road,
S.E. and King Street. All of these improvements shall be considered as "off-
site roadway" improvements.
Subject to Proffer 6.A.8 below, should any or all of the above-referenced
Proffer 6.A. 1 through 6.A.6 be completed by a party not owning property
within the Stratford project, then the $1,000 per unit contribution required
pursuant to Proffer No. 3 of the Proffers adopted September 26, 1990 as
part of #ZM-116 shall be paid to the Town immediately prior to issuance
of each zoning permit.
o
Should any or all of Proffer 6.A. 1 through 6.A.6 be completed by the owner
or developer of the commercial section, the $1,000.00 per unit contribution
to be paid by the residential developer as required by Proffer No. 3 of the
Proffers adopted September 26, 1990 as part of #ZM-116 shall be paid in
the following manner. The developer of the commercial section responsible
for completing any of the proffered improvements described in Proffer 6.A. 1
through 6.A.6 shall file invoices for such work with the Town. The Town
will approve the invoices or a portion thereof and establish a record for
payment of said approved invoices by the owners/developers of the
residential section. Upon application for a residential building permit, the
residential owner/developer shall be informed of the amount to be repaid
and such repayment shall be a condition of the issuance of the building
permit; provided, however, that the residential developer/owner shall never
be required to make a contribution in excess of $1,000.00 per residential
unit, which contribution shall include any credits described in Proffer No. 5.
The $1,000.00 contribution shall be allocated in such a manner that all
credits, as described in Proffer No. 4 will be deducted first, then the
commercial owner with an invoice on file shall be paid. The Town will be
provided with a receipt executed by the commercial developer/constructing
party or a copy of a cancelled check as evidence that they payment has been
made. Any portion of the required contribution remaining shall be paid
directly to the Town. All of these payments when taken together shall
satisfy the requirements of said Proffer No. 3 and the proffers provided for
herein.
Commercial Development.
The Applicant shah dedicate free and clear of any liens a 120-foot typical right-of-
way section for proposed BattlefieldParkway (realigned Route 654), as shown on the
plan entitled "Project Phasing Plan for Off-site Roadway Improvements", and a 70-
foot typical right-of-way section for Hope Parkway, as shown on the plan. 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 shall generally take place pursuant to the
following schedule listed in Proffers 6.B.1 through 6.B.7. However, this schedule
may be modified according to the findings and conclusions of a traffic study which
shah be submitted by the Applicant with the first commercial subdivision or
development plan which will evaluate the roadway improvements necessary to
accommodate the commercial use.
APPROVING #ZM-138
The Applicant, or its successors-in-interest, shall construct proposed Battlefield
Parkway (realigned Route 654) as a four-lane divided typical road section, possessing
approximately 2500 feet in length, with the necessary acceleration, deceleration, turn
lanes and 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 (realigned Route 654) shall be
constructed by others. The Applicant, or its successors-in-interest, shall construct
Hope 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 approximately 600 feet in length, from
proposed Battlefield Parkway (realigned Route 654) to Tolbert Lane (Route 654).
The construction of Battlefield Parkway (realigned Route 654) and ltope Parkway
between proposed Battlefield Parkway (realigned Route 654) and Tolbert Lane
(Route 654) will generally occur as provided in Proffer 6.B.7 below or in
conformance with the traffic study submitted to evaluate the timing of the
improvements necessary to accommodate the commercial development of the site.
Any traffic signal warranted at the intersection(s) of Hope Parkway or other internal
roads with Battlefield Parkway (realigned Route 654) shall not be considered "off-site
roadway" improvements. Additionally, construction of Hope Parkway between
proposed Battlefield Parkway (realigned Route 654) and Sycolin Road (Route 643)
shall not be considered an "off-site roadway" improvement.
The Applicant acknowledges that the Land .Development Official shall review the
traffic study presented and, upon recommendation of Town Staff and the Applicant,
make a determination regarding the scheduling, necessity, nature and magnitude of
the improvements requiredpursuant to the traffic study. It is agreed that the Land
Development Official has the authority pursuant to this proffer to amend the phasing
schedule described below in Proffer 6.B, to change (either by increasing or
decreasing) the improvements which will be necessary to serve the commercial
development, and to complete all other duties of the Land Development Official
described herein.
Prior to the approval of the first subdivision plat or development plan for uses other
than residential uses on the property, a traffic study shall be submitted by the
Applicant for the Town's evaluation which demonstrates that the improvements
listed in Proffers 6.B.1 through 6.B.7 will accommodate an acceptable level of service
as provided in the Town of Leesburg's Design and Construction Standards Manual.
Notwithstanding the schedule set forth in Proffer 6.B.1 through 6.B.7 below,
concurrent with the approval of the first subdivision plat or development plan for the
construction of commercial development two lanes of Sycolin Road from Battlefield
Parkway to Route 7/15 Bypass, with appropriate intersection improvements, must
have been dedicated and bonded by the Applicant.
At the time of the approval of the site plan for the first 200,000 square feet
of commercial space, approximately 1,000 linear feet of a two lane section
of Battlefield Parkway, from the intersection of Sycolin Road into the
commercial section shall be dedicated and bonded by the Applicant. All of
these improvements shall be considered "off-site roadway" improvements.
APPROVING #ZM-138
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At the time of approval of the site plan establishing a total square footage
of 450,000 square feet of commercial space or more, an approximately 1,500
linear foot section of the four lane undivided portion of Sycolin Road from
Hope Parkway to Battlefield Parkway shall be dedicated and bonded or
constructed by the Applicant. All of these improvements shall be considered
"off-site roadway" improvements.
At the time of the approval of the next 200,000 square feet (650,000 square
feet total of commercial space) site plan an additional approximately 1,000
linear foot section of the two lane portion of the four lane divided
Battlefield Parkway shah be dedicated and bonded. All of these
improvements shall be considered "off-site roadway" improvements.
The second portion of the approximately 1,000 linear feet of Battlefield
Parkway from Sycolin Road into the commercial section shall be dedicated
and bonded at the time of the approval of the site plan containing the next
200,000 square feet (850,000 square feet total of commercial space). All of
these improvements shall be considered "off-site roadway" improvements.
The remaining two lane section of Battlefield Parkway shall be dedicated,
and bonded as part of the approval of the site plan containing the next
200,000 square feet (1,050,000 square feet total of commercial space). Such
improvements shall be considered "off-site" roadway improvements.
On or before the approval of the site plan containing the next 250,000
square feet (1,300,000 square feet total of commercial space), approximately
1,500 linear feet of a two lane section of the re-designed four lane divided
Sycolin Road from Battlefield Parkway to Tolbert Lane S.E. (formerly
designated as Long Lane) shall be dedicated and bonded. Such
improvements shall be considered "off-site" roadway improvements.
A section of the four lane undivided Hope Parkway (Extended) from
Battlefield Parkway to Tolbert Lane shall be dedicated and bonded in
association with the site plans containing the next 121,950 square feet
(1,421,950 square feet total of commercial space). Such improvements shall
be considered "off-site" roadway improvements.
As part of the public improvement plan for the final 200,000 square feet of
commercial space or when and if warranted by the traffic study the following
proffers shall be performed: (a) the proffered contributions to the
commercial traffic signals on Sycolin Road (i) in between Hope Parkway and
Battlefield Parkway and (ii) at the intersection of Battlefield Parkway shall
be made; (b) the proffered contribution to the traffic signal at the
intersection of Sycolin Road and Tolbert Lane shall be made; (c) the
proffered contribution to the traffic signal at the intersection of Hope
Parkway and Tolbert Lane shall be made; (d) the proffered contribution to
the commercial traffic signal at the intersection of Tolbert Lane and
Battlefield Parkway shall be made; (e) the internal commercial traffic signal
on Battlefield Parkway near the mixed-use center at the intersection with
Hope Parkway shall be designed and installed; and (f) the proffered
contribution to the commercial traffic signal at the intersection of Evergreen
Mills Road, S.E. and Battlefield Parkway (Extended) shall be made. Such
improvements shall be considered to be "off-site" roadway improvements.
APPROVING #ZM-138 6
C. Traffic Signal Contributions.
The Applicant's contributions to the traffic signals identified as being required to
support the residential and commercial development shall be made in the
percentages provided below. Where the percentage is identified as 100% the
Applicant shall have the obligation for the design and construction of the signal.
Where the percentage identified is a percentage less than 100% the contribution will
be made in accordance with the schedule mandated by the traffic study and will be
funded directly to the Town of Leesburg.
1. Route 15 and Evergreen Mills Road 5% (Residential)
2. Evergreen Mills Road, S.E. and West Site Access 1 100% (Resklential)
3. Battlefield Parkway and Tolbert Lane 24%
4. Battlefield Parkway and Hope Parkway 100%
5. Battlefield Parkway and East Site Access 1 100% (Residential)
6. Battlefield Parkway and Sycolin Road 40%
7. Tolbert Lane and Hope Parkway 15%
8. Tolbert Lane and Sycolin Road 20%
9. Sycolin Road and East Site Access 2 33%
10. Sycolin Road and Hope Parkway 100% (Refi~ential)
Contributions for traffic signalization devices listed as 2, 4, 5, and 10, above, shall be
paid by the Applicant with the express understanding that the Applicant shall be
reimbursed by other landowners using the four referenced traffic signalization devices
in accordance with those landowners' respective pro-rata percentage of assigned uses
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 the
mechanism 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
installation 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
share cost with the Town prior to such site plan approval. These traffic signals shall
be considered to be "off-site roadway" improvements.
Proffer No. 7 of ZM-116 (as amended) is hereby deleted in its entirety.
Throughout the Proffers where the term "Project Phasing Plan of Plan A" is used it shall mean "Phasing Plan"
as defined in amended Proffer No. 6.
Proffer No. 8, sub-part B, "Recreational Facility East of Dulles Toll Road Extended", shall be deleted in its
entirety and the following inserted in its place:
APPROVING #ZM-138
Recreational Facili_ty East of Dulles Toll Road Extended (a/k/a Dulles Greenway) -
Construction shall begin prior to issuance of a residential occupancy permit representing a
seventy percent (70%) completion of the residential area east of the Dulles Greenway and
construction shall be completed prior to the issuance of a residential occupancy permit
representing a ninety percent (90%) completion of the aforesaid residential area or within
eight (8) months after commencement of construction of the recreational facility, whichever
event occurs first.
Proffer No. 9 shah be deleted in its entirety and the following inserted in its place:
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The Applicant, or their successors-in-interest, shall provide roadway improvements, in
accordance with the Phasing Plan. The Applicant, or their successors-in-interest, may
commence and/or complete construction of any section or component of the project
independent of any other Section, provided that the appropriate roadway improvements for
the number of residential zoning permits issued or commercial square footage approved are
dedicated and bonded or constructed in accordance with the Phasing Plan. The proffered
contributions provided for in Proffer Nos. 3 and 4 are maximum contributions that will be
required for each component of the Project. As such, if the required maximum contributions
have been made for the residential section, no additional contribution can be required of a
property owner in the residential section for improvements required to support commercial
development as required by the Phasing Plan nor may any zoning permits be withheld
because improvements which have been designated as improvements necessitated by the
commercial area have not been made. Under the same theory, if the required maximum
contributions have been made for the commercial section, no additional contribution can be
required of a property owner in the commercial section for improvements required to support
residential development as required by the Phasing Plan nor may any zoning permits be
withheld because improvements which have been designated as improvements necessitated
by the residential area have not been made.
Section II. This Ordinance shall be in effect upon its passage.
PASSED this 31 s t day of l~lay ,1994.
Clerk of Council
James E. Clem, Mayor
Town of Leesburg