HomeMy Public PortalAbout1994_06_14_O021 ZM 134 Harper ParkThe Town of
Leesburg,
Virginia
PRESENTED J.._une 14, 1994
ORDINANCE NO. 94-0-21
ADOPTED. June 14, 1994
AN ORDINANCE:
APPROVING REZONING APPLICATION AND AMENDING THE
ZONING DISTRICT MAP FOR #ZM-134 HARPER PARK BY TMB
SERVICE CORPORATION, A KANSAS CORPORATION, ON BEHALF OF
THE MISSION BANK
WHEREAS, on February 11, 1992, the Town Council received and referred to the Planning
Commission an application to rezone a 270.15 acre tract of land located north of Route 7, south of Fort
Evans Road, and west of the eastern Town boundary from R-E to PRC; and
WHEREAS, on March 12, 1992, the Planning Commission held a public hearing to consider this
application; and
WHEREAS, on December 17, 1992, following three time extensions requested by the applicant
and submission of a revised application, the Planning Commission held a second public hearing; and
WHEREAS, on March 4, 1993, the Planning Commission recommended denial of this
application; and
WHEREAS, on April 13, 1993, the Town Council held a public hearing to consider this
application; and
WHEREAS, on June 9, 1993, the AADP Joint Policy Review Committee voted to amend the
Annexation Area Development Policies if the Town Council approves rezoning #ZM-134 Harper Park;
and
WHEREAS, on August 31, 1993, the Town Council approved an amendment to the Town Plan
to create a Mixed Use Development land use designation for a 270.15 acre tract of land known as Harper
Park; and
WHEREAS, this rezoning request is in the interest of public necessity, convenience, general
welfare and good zoning practice:
THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows:
#ZM-134 HARPER PARK 2
SECTION I. Rezoning application #ZM-134 Harper Park by TMB Service C. orporation is
approved together with approval of a special use for "MC" uses as defined in Section 4F of the Town of
Leesburg Zoning Ordinance in the area identified as Mixed Use Center on the Concept and Rezoning
Plan. The Leesburg Zoning District Map is amended to change a 270.15 acre parcel of land from R-E
(residential estate) to PRC (Planned Residential Community) in accordance with the Concept and
Rezoning Plan dated June 7, 1994 (Exhibit A). This parcel of land is bounded on the south by Route
7, on the north by Fort Evans Road, and on the east by the eastern town boundary. The property is
further identified as Loudoun County Tax Map 49, Parcels ((3)) 1 and 7, Parcel 27D, and Parcel 37B.
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 "Town"), TMB Service Corporation, a
Kansas Corporation, on behalf of The Mission Bank, together with its successors and assigns (hereinafter
the "Applicant"), which is the applicant herein and thc owner of approximately 270.15 acres of land
described as Tax Map 49, Parcels ((3)) 1 and 7, Parcel 27D, and Parcel 37B in thc Loudoun County tax
records (thc "Property") and which is seeking approval by the Town of rczoning of thc Property to the
PRC Zoning District, together with approval of a special use for "MC" uses in the Mixed Use Center
portion of the project, hereby submits thc following voluntary proffers which supersede all prior proffers
and which arc contingent upon Town approval of all thc above-described actions.
1. Permitted Uses and Development Density. When thc Town adopts an ordinance
approving the rezoning of the Property to the PRC zoning category and approves a
special use for MC uses in the Mixed Use Center portion of thc project, thc Property
may be developed with any of thc uses described in Section 6A-16(2) of the Town
Zoning Ordinance and, in thc Mixed Use Center portion of the Property, any of the "M-
C" uses defined in Section 4F of the Zoning Ordinance as is permissible under Section
6A-16(3) of the Zoning Ordinance. No more than 752 total dwelling units shah be
developed on the Property in the approximate locations set forth on the rczoning plan
attached hereto as Exhibit "A" (hereinafter referred to as "Plan A"), which is
incorporated herein by reference. Up to 466,286 square feet of any of the uses listed in
Section 6A-16(2)C of thc Town Zoning Ordinance may be developed on the Mixed Use
Center portion of thc Property. At least 400,000 square feet of non-residential uses shah
be developed on the Property with the understanding that any governmental or medical
facilities, or other non-habitable structures shall be counted to satisfy the proffered
commitment to develop at least 400,000 square feet of non-residential uses on the
#ZM-134 HARPER PARK
Property. Notwithstanding the foregoing, public school buildings which may be
constructed on the Property will not count towards satisfaction of the 400,000 square foot
construction requirement. The Property shall be developed in accordance with the Town
Zoning and Land Development regulations in effect at the time of approval of ZM-134
and 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 reserves the right to locate the types of
residential product illustrated and listed on Plan A in locations other than illustrated in
Plan A, so long as neither the overall density nor the overall product mix is varied from
that shown on the "Zoning Summary" on Plan A.
Roadway Improvements. In accordance with the Transportation Plan attached as Exhibit
"B" and incorporated herein by reference, as portions of the Property are approved for
a record subdivision plat or a final development plan, the Applicant will dedicate and
construct or bond the portion of the road improvements described below which are
reasonably related to and are located on or are adjacent to such portions of the Property.
As illustrated on Exhibit B and Figure C1, all residential uses illustrated on Plan A may
access East Market Street via the interim Route 653 access shown on Plan A without
construction of any portion of Battlefield Parkway. The proffered roadway improvements
will include acceleration, deceleration, and turn lanes which are required to provide safe
access for development on the Property and will be constructed in accordance with Town
and VDOT roadway standards. Except as herein provided, all roadway improvements
described in the Proffer Two will be constructed on land dedicated in fee simple by the
Applicant without compensation and will be free of all liens and encumbrances.
ao
Prior to issuance of the first zoning permit for any non-residential uses on MXD
Parcel B, the Applicant will dedicate one hundred twenty (120) feet of fight-of-
way between Stone House Drive and Fort Evans Road as illustrated on Plan A
and sixty (60) feet of right-of-way between East Market Street and Stone House
Drive as illustrated on Plan A, and will bond or construct the eastern two lanes
of a four lane divided roadway in a sixty (60) foot right-of-way for Battlefield
Parkway from East Market Street to and including its intersection with Stone
House Drive in the approximate location shown on the Transportation Plan.
Prior to issuance of the first zoning permit for any non-residential uses on MXD
Parcel A, the Applicant will bond or construct four lanes of a fora' lane divided
roadway in a one hundred twenty (120) foot right-of-way for Battlefield Parkway
from the Stone House Drive intersection to Fort Evans Road in the approximate
location shown on the Transportation Plan. In the event that MXD Parcel A is
developed with any residential uses, then prior to approval of the first record plat
or final development plan for such portion of MXD Parcel A, the Applicant will
dedicate the eastern sixty (60) feet of right-of-way for Battlefield Parkway from
Stone House Drive to Fort Evans Road, and will bond or construct the eastern
two lanes of such portion of Battlefield Parkway. Prior to approval of the first
record plat for Townhouse Parcel A, the Applicant will dedicate the western sixty
(60) feet of right-of-way for Battlefield Parkway from Stone House Drive to Fort
Evans Road and will bond or construct the western two lanes of such portion of
Battlefield Parkway. Prior to issuance of a zoning permit for any non-residential
uses on the Mixed Use Center portion of the Property, the Applicant will bond
#ZM-134 HARPER PARK
4
or construct improvements at the proposed intersection of East Market Street
with Battlefield Parkway as generally shown on Exhibit B and Figure C2 attached
hereto which will conform to VDOT and Town requirements and will include a
new median crossover on Route 7, eastbound and westbound through lanes at
such intersection, separate turn lanes to access the Property, and signalization
when warranted by VDOT and the Town due to development of the Mixed Use
Center portion of the Property. No direct access to Battlefield Parkway will be
permitted from any portion of the Mixed Use Center or Townhouse Parcel A.
bo
Prior to approval of the first record plat for a particular development parcel
illustrated on Plan A, the Applicant will bond or construct the portion of the
roadway improvements located on or contiguous to such development parcel
which will include the following: (i) two travel lanes in a 70 foot wide fight-of-
way and necessary turn lanes at intersections, which shall be designed to Town
specifications, for the portions of Stone House Drive from Route 653 Extended
to the Keystone Drive entry to the Twin Lakes property (Parcel 27A, TM 49) as
shown on Exhibit B; (ii) four lanes of a four lane divided roadway in a 90 foot
dedicated right-of-way for Stone House Drive from the Twin Lakes entrance
across the Twin Lakes property in the approximate location shown on that
certain approved preliminary development plan by Kamber Engineering dated
December 8, 1988, to Battlefield Parkway; and (iii) the northern half section of
a four lane divided roadway in a 90 foot dedicated right of way (45 feet of which
is to be dedicated by the Applicant) for Stone House Drive from Battlefield
Parkway west to the western edge of the Property. The alignment of Stone
House Drive illustrated on Plan A is approximately shown and may be shifted
at the time of preliminary subdivision or development plan approval by the Town
north or south of the drainage channel which traverses the Property.
Co
Prior to approval of the first record plat for development parcel A, B, or C
illustrated on Plan A, the Applicant: (i) shall bond or construct four lanes of a
four lane divided roadway in a 90 foot dedicated right-of-way for the portion of
Route 653 from the northern edge of the right-of-way of East Market Street at
its current intersection with Route 653 as shown on Exhibit B, north to Stone
House Drive; (ii) shall conduct a preliminary design study, which shall be without
cost to the Town and which shall utilize a standard engineering methodology
acceptable to the Town and VDOT, to analyze the amount of land required for
construction of the northwest quadrant of the Route 653 and East Market Street
Interchange in the approximate location shown on Plan A; (iii) shall dedicate up
to seven (7) acres of such portion of the Property to the Town, County or
VDOT for construction by others of such portion of the interchange, which shall
include any slopes necessary for access ramp construction and easements
necessary for maintenance and construction; (iv) shall dedicate one hundred
twenty (120) feet of right-of-way from East Market Street to Stone House Drive
as approximatel3( shown on Plan A for construction by others of a ramp and
bridge for proposal Route 653 across East Market Street, and (v) shall bond or
construct improvements to the existing Route 653/Route 7 intersection which
shall conform to VDOT requirements, and which shall include a right turn lane
from westbound Route 7 to northbound Route 653, an extension of the existing
east bound left turn lane from eastbound Route 7 to northbound Route 653, an
#ZM-134 HARPER PARK
5
extension of the Route 7 eastbound right turn lane for through traffic with lane
transition at the existing golf course entrance, a separate Route 7 westbound
through lane at the existing traffic signal, and signal modifications warranted by
VDOT for the Route 653/East Market Street intersection.
do
Prior to approval of the first record plat for development upon an adjacent
development parcel as illustrated on Plan A, the Applicant will dedicate without
compensation forty-five (45) feet of right-of-way for the southern half section of
a four lane divided roadway for Fort Evans Road along adjacent portions of the
Property from Battlefield Parkway east to the eastern property line and will bond
or construct the southern two lanes of a four lane divided roadway in a forty-five
(45) foot right-of-way of Route 773, Fort Evans Road, along adjacent portions
of the Property from Battlefield Parkway to the eastern edge of MXD Parcel A.
Prior to approval of the first record plat for development upon adjacent portions
of the Property located west of Battlefield Parkway, the Applicant will dedicate
without compensation thirty-five (35) feet of right-of-way for the southern two
lanes of a four lane undivided roadway for Fort Evans Road, will bond or
construct the southern two lanes of a four lane undivided roadway in a thirty-five
(35) foot right of way of Route 773, Fort Evans Road, from Battlefield Parkway
west to the western edge of the Property, and will dedicate additional right-of-
way and pavement for construction of a transition from a divided to an undivided
roadway for the portion of Route 773 that is west of Battlefield Parkway.
eo
Prior to approval of a final development plan for MXD Parcel B, the Applicant:
(i) will analyze thc distance between the proposed Stone House/Battlefield
Parkway intersection and the proposed East Market Street/Battlefield Parkway
intersection to determine whether safe traffic weaving movements on Battlefield
Parkway may be made between such intersections; (ii) will conduct a preliminary
design study at no cost to the Town to analyze the amount of Property required
for construction by others of thc northeast quadrant of thc Battlefield Parkway
and East Market Street Interchange in the approximate location shown on Plan
A; and (iii) will dedicate without compensation up to eight (8) acres of such
portion of the Property to the Town or VDOT for construction by others of such
portion of the interchange, which shall include any slopes and easements
necessary for access ramp construction and maintenance.
As warranted by VDOT or the Town due to development on the Property, the
Applicant will bond or construct traffic signalization for the following
intersections:
1. Route 7 and Route 653;
2. Route 653 and Stone House Drive;
3. Route 7 and Battlefield Parkway;
4. Battlefield Parkway and Stone House Drive;
5. Fifty percent of the signal at Fort Evans Road and Battlefield Parkway;
#ZM-134 HARPER PARK
6
and
Other intersections along Stone House Drive when such signalization is
warranted due to development on the Property.
Upon record plat approval for adjacent portions of the Property, the Applicant
will, without receipt of any compensation, relinquish any rights to directly access
East Market Street from the Property.
ho
Prior to dedication of the School Site described below, the Applicant
dedicate without compensation to the Town of Leesburg the southern-most 150
feet of the portion of its Property which is adjacent to East Market Street and
is located between the Twin Lakes property and the Carradoc Hall property as
approximately shown on Plan A, for ingress and egress to and from the Carradoc
Hall and Hamblet properties across the Twin Lakes property to East Market
Street.
Transportation Improvement Fund. The Applicant agrees to contribute: up to NINE
HUNDRED TWENTY-ONE THOUSAND TWENTY DOLLARS ($921,020.00) based
on a projection of seven hundred fifty-two (752) residential units illustrated on Plan A
under the terms and conditions stated hereinafter, as its pro rata share toward the
construction of regional transportation improvements supporting such residential uses on
the Property. Subject to the limitations set forth below, this donation shah be in the
form of non-refundable cash contributions or bonded commitments, which shall be paid
into an account established by the Town (hereinafter "Transportation Improvement
Fund") for the purpose of financing construction of regional transportation
improvements. The Applicant shall make such payments to the Town immediately prior
to issuance of each zoning permit in the amount of One Thousand Five Hundred Forty
Dollars ($1,540.00) for every single family detached home, Nine Hundred Thirty-Nine
Dollars ($939.00) for every single family attached home, and Eight Hundred One Dollars
($801.00) for every multi-family unit constructed on the Property. The Applicant agrees
to contribute up to Eight Hundred Forty-Seven Thousand Ninety-Four Dollars
($847,094.00) (based on a projection of 266,286 gross square feet of office uses at $1.679
per gross square foot and 200,000 gross square feet of retail uses at $2.00 per gross
square foot), under the terms and conditions stated hereinafter, as its pro rata share
toward the construction of regional transportation improvements supporting such
commercial and office uses on the Property. Subject to the limitations set forth below,
this donation shall be in the form of non-refundable cash contributions or bonded
commitments, which shall be paid into the Transportation Improvement Fund. The
Applicant shall make such payments to the Town immediately prior to issuance of such
zoning permit for the individual buildings actually constructed on the Property.
Notwithstanding the above, no payments under this paragraph shah be required for any
buildings to be devoted to uses such as non-profit or HOA-owned buildings, non-profit
health care buildings, or any form or kind of governmental facility.
Credits Toward the Transportation Improvement Fund. In the event the Applicant
dedicates land or constructs or causes to construct regional transportation improvements,
then to the extent of the value of such land or the improvements or monies so provided,
there shall be given a direct dollar for dollar credit against contributions made to the
#ZM-134 HARPER PARK
7
Transportation Improvement Fund. The cost of the regional transportation
improvements shah include: dedicated land, governmental permit fees, bonding costs,
construction costs and utility construction or relocation costs. In the event the Applicant
makes the contributions required above by bonded commitments and then constructs the
regional transportation improvement itself; the aforesaid bonded commitments shall be
released or not renewed as appropriate so long as the monies secured by the bonded
commitments are expended toward regional transportation improvements. Contributions
of real property shah be valued at Two Dollars ($2.00) per gross square foot and shah
be first credited toward satisfaction of the obligations for contributions proffered for the
residential units described above in Paragraph Three. The following improvements shah
be credited towards satisfaction of the Applicant's Transportation Improvement Fund
obligations:
ao
The cost of construction and the value of the underlying right-of-way for the
western half section of Battlefield Parkway from Stone House Drive to Fort
Evans Road.
The value of the underlying right-of-way for the southern half section of Fort
Evans Road from Mixed Use Center Parcel A to the eastern edge of the
Property.
The cost of construction and the value of the underlying right<~f-way for the
eastern half section of Route 653 from East Market Street to Stone House Drive
to the extent it is located in the ultimate right-of-way for Route 653 Extended
and for the value of the right-of-way for the ultimate alignment of Route 653
Extended as illustrated on Plan A, to the extent it is located outside of the
interchange dedication area.
The value of the right-of-way for the interchange dedication for the northwest
quadrant of the Route 653/7 grade-separated interchange and for the northeast
quadrant of the Battlefield Parkway/7 grade separated interchange.
School Site. The Applicant will dedicate to the Town for non-proprietary public
educational purposes, in the approximate location shown on Plan A, up to thirty-five and
not less than thirty acres of the Property in the approximate location shown on Plan A,
five (5) acres of which shall be credited by the County of Loudoun (thc "County") in
County rezoning ZMAP 1992-0001 towards satisfaction of County capital facility
requirements at a value which is at least equal to the per acre value of the capital facility
credit granted in ZMAP 89-15, River Creek for dedication of the Town's Water
Treatment Facility land. In the event that thirty-five acres of the Property is dedicated
to the Town, then an additional five (5) acres shall be credited by the Town towards
satisfaction of the public recreation site requirements of Section 6A-16(6) of thc Town
Zoning Ordinance. Thc School Site illustrated on Plan A shah be dedicated and
developed as follows:
The Applicant shah dedicate the School Site for public educational purposes at
the time of record subdivision plat approval for the segment of Stone House
Drive which is adjacent to the Public Facility Site.
#ZM-134 HARPER PARK
8
Primary access to the School Site from Stone House Drive shah In: provided at
the location generally depicted on Plan A and secondary access shall be provided
by a two lane subdivision street traversing development Parcel B located east of
the School Site.
Co
The Applicant shall construct or bond for construction an extension of a sanitary
sewer line and a water line to the property line of the School Site at the time of
construction of such lines within adjacent portions of the Property. All sanitary
sewer and water mains on the Property shah be sized and constructed in
accordance with applicable Town standards and specifications for the uses
proposed. After submission of any such easement to the School Board staff in
accordance with subparagraph (e) below, the Applicant may locate any public
sewer and water easements required to be located within the School Site near
the perimeter portions of the School Site or on portions of the School Site which
are outside of any building envelope provided they meet Town standards.
do
With the exception of non-point sheet flow runoff from Stone House Drive to
the existing drainiage channel which traverses the Property, stormwater runoff
from the Property will not be discharged onto the School Site without specific
approval by the Town or the Loudoun County School Board. The Applicant
shaH, at no cost to the Town or the School Board, design any stormwater
detention facilities for the Property so that such facilities detain the volume of
stormwater run-off from the School Site.
Unless consented to by the Loudoun County School Board, the School Site shall
be excluded from the application of any restrictive covenants established in
connection with the Property. Prior to dedication of the School Site, the
Applicant shall submit to the staff of the School Board, for ils review and
approval, any proposed easement which includes any portion of the School Site.
In the event that comments relative to the easement(s) have not been received
within sixty (60) days of submittal, the request for approval of the proposed
easement shall be deemed approved as submitted.
Fire and Rescue Facilities. Prior to obtaining each zoning permit for individual
residential dwelling units constructed on the Property, the Applicant will pay the Town
the sum of ONE HUNDRED DOLLARS ($100.00) per residential unit constructed on
the Property as a non-refundable cash donation for the benefit of fire and rescue
facilities providing service to the Property, which monies will be paid by the Town to
fund fire and rescue services. Prior to obtaining each zoning permit for individual
commercial and office buildings constructed on the Property, the Applicant will pay the
Town the sum of TEN CENTS ($0.10) per net square foot of commercial and office
development construction on the Property as a non-refundable cash donation for the
benefit of fire and rescue facilities providing service to the Property, which monies will
be paid by the Town to fund the capital costs of fire and rescue services.
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, non-profit health care, or governmental service facilities.
The amount of such contributions shall be adjusted annually upward from the date of
final rezoning approval in accordance with the Consumer Price Index, with 1994 as the
#ZM-134 HARPER PARK
9
Base Year.
Sewer Easements. Upon request by the Town, the Applicant will dedicate to the Town
without compensation and free of any liens: (a) a temporary 100 foot by 100 foot
construction easement at the southwest corner of the Property adjacent to the Hamblet
property (See Attachment 1); and Co) a twenty (20) foot wide temporary construction
easement and a thirty (30) foot wide permanent easement for construction and
maintenance by others of a sewer outfall line adjacent to the dedicated Route 7 right-of-
way, along the future northwest Route 653/7 interchange dedication, and over portions
of the Applicant's Property located in Loudoun County within the western edge of the
VEPCO easement, all of which is illustrated on Attachment 1 attached hereto. Upon
request by the Town, the Applicant will dedicate to the Town, without compensation and
free of any liens a twenty (20) foot wide temporary construction easement and a thirty
(30) foot wide permanent easement for construction, operation and maintenance by the
Town of a sanitary sewer line adjacent to Stone House Drive and the perimeter of the
Public Facility Site as illustrated on Plan A.
Recreation, Open Space and Environmental Facilities. As adjacent portions of the
Property are submitted by the Applicant for preliminary subdivision plan approval, the
Applicant will prepare a study of the stream bed and abutting drainage swale which
traverses the portion of the Property to be developed by the Applicant to determine the
actual extent of any floodplain which may exist on such portion of the Property and any
wetland areas located on the Property. Upon request, the Applicant will dedicate to the
Town or the County the Stone Harper House for relocation by others to another location
suitable to the Town or the County. In lieu of construction of sidewalks along such
portions of the roadway, at the time of construction of the portion of Stone House Drive
from Route 653 to the entrance to Twin Lakes as approximately shown on Plan A, the
Applicant will construct an eight (8) foot wide macadam trail in a ten (10) foot wide
easement along the south side of such portion of Stone House Drive and will dedicate
such easement and trail to the Town for public pedestrian and bicycle access. 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 contr~ute ONE
HUNDRED DOLLARS ($100.00) to the Town for the purchase of recreational
equipment for Ida Lee Park or for construction of an eight (8) foot wide macadam trail
in a ten (10) foot wide easement on Townhouse Parcel A along the western edge of
Battlefield Parkway and along the south side of the portion of Stone House Drive from
the entrance to Twin Lakes to Battlefield Parkway. Any such trail construction shall be
in lieu of a sidewalk along the west side of Battlefield Parkway and along the south side
of Stone House Drive.
o
Sewer and Water Service. The Applicant will provide water service for the Property
from the existing water line located in Fort Evans Road. In the event that the Applicant
constructs a water line which is designed to provide water service for properties in
addition to the Property, the Town will assist the Applicant in seeking reimbursement
by other users of the water line. 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 for development located
on the Property to the Town sewer treatment facility which shall conform to the Town's
master plan for utilities unless the plan is amended to reflect the Applicant's revised
#ZM-134 HARPER PARK
10
sewer line. In the event that the Applicant constructs such a sewer line and the line
includes capacity in excess of that required for development located on the Property, the
Applicant will initiate and thc Town will support a proportionate reimbursement by users
of any such excess capacity. The execution and acceptance of these proffers does not
imply that adequate sewer capacity in the Town sewer treatment facility will be available
for dwellings or buildings constructed on the Property.
10.
Architectural Details. As non-residential portions of the Property are approved for a
final development plan or a preliminary subdivision plan, the Applicant will submit the
architectural details (e.g., facade treatment, typical building types and roof lines, and
proposed building materials) to the Town Planning Commission for consistency review
with the H-2 Corridor Design Guidelines.
11.
Special Use Permits. In accordance with Section 6A-16(3) of the Leesburg Zoning
Ordinance, the acceptance of these proffers is conditioned upon Town approval of a
special use permit for MC uses, as defined in Section 4F of the Leesburg Zoning
Ordinance for the Mixed Use Center portion of the Property.
12.
Definitions. Wherever "bond" is used herein it shall mean the type of security required
by the Town as described in Section 15.1-466(0 of thc Code of Virginia. Wherever
"dedication" is used, it shall mean "convey by a good and proper deed and fee simple title
to the land or easement to the Town of Lcesburg, frec and clear of any defects in title,
liens or encumbrances".
13.
Proffer Amendments. The Property is the composite of four tax map parcels, each of
which is subject to these proffers. Tax Map 49 Parcel ((3)) 7 includes the Mixed Use
Center which may be developed separately from Tax Map 49, Parcels ((3)) 1,27D, and
37B. In the event that these proffers are amended an amendment for Tax Map 49 Parcel
((3)) 7 may be processed separately from the remainder of the Property and without the
consent of the owners of the remainder of the Property.
SECTION II. This ordinance shall be effective upon its passage.
PASSED this 14th day of June, 1994.
'~ames E. Clem, Mayor
Clerk of Council
O:Appl34