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Home My Public Portal About1994_10_11_O032The Town of Leesburg, qirginia ORDINANCE NO. ' 94-0-32 PRES~D October 11, 1994 ADOPTED October 11, 1994 AN ORDINANCE: AMENDING THE TOWN PLAN AND THE LEESBURG ZONING MAP AND APPROVINGA REZONINGAPPLICATION FOR #ZM-140 U.S.C.T.A HEADQUARTERS BY THE WESTMORELAND DAVIS MEMORIAL FOUNDATION, INC. WHEREAS, on February 16, 1994, the Town Council received and referred to the Planning Commission an application to rezone a 4.2-acre tract of land located northwest of the intersection of Morven Park Road and Old Waterford Road from R-1 to O-1 with proffers; and WHEREAS, on April 21, 1994, the Planning Commission held a public hearing to consider this application; and WHEREAS, on June 8, 1994, the AADP Joint Policy Review Committee voted to amend the Annexation Area Development Policies if the Town Council approves rezoning #ZM-140 U.S.C.T.A Headquarters; and WHEREAS, on June 16, 1994 the Planning Commission recommended conditional approval of this application and approved a variation to Sections 13-73 (d) and (g) of the Subdivision and Land Development Regulations to permit the applicant to provide a rural road section that meets the town standards for a local collector; and WHEREAS, on July 26, 1994, the Town Council held a public hearing to consider this application; and WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare and good zoning practice; and WHEREAS, the proposed amendment is consistent with the spirit and intent of the Town Plan to promote economic development within the Town; and WHEREAS, the rezoning and Town Plan amendment proposal promotes the general welfare and AN ORDINANCE APPROVING #ZM-140 - U.S.C.T.A. HEADQUARTERS is a public benefit to the community by creating economic development opportunities; and uses. 2 WHEREAS, the scale and intensity of the proposed development is compatible with surrounding THEREFORE, ORDAINED by the Town Council of Leesburg in Vir~nia as follows: SECTION I. The Town Plan Land Use Policy Map is hereby amended to change the land use designation of the above-referenced property from Low Density Residential to Office a.,; described in Rezoning and Town Plan Amendment Application #ZM-140 U.S.C.T.A. Headquarters by the Westmoreland Davis Memorial Foundation, Inc. SECTION II. Rezoning application #ZM-140 U.S.C.T.A. Headquarters by the Westmoreland Davis Memorial Foundation Inc. is hereby approved and the Town of Leesburg Zoning District Map is amended to change the zoning on a 4.2 acre parcel of land from R-1 to O-1 with proffers. The subject property is located at the northwest intersection of Morven Park Road and Old Waterford road and is further identified as Loudoun County Tax Map 48 Parcel 8 as shown on the Rezoning Concept Plan prepared by Paciulli, Simmons & Assodates, Ltd. dated revised June 13, 1994. Pursuant to Section 15.1-491(a) of the Code of Virginia, and Section 13A-12 of the Zoning Ordinance of the Town of Leesburg in Virginia (1990), the Applicant herein, Westmoreland Davis Memorial Foundation, Incorporated (the "Applicant"), as the record owner of Loudoun County Tax Map Parcel 48-8 (the "Subject Property"), hereby proffers that, in the event that the Town Council of the Town of Leesburg in Virginia enacts legislation rezoning the Subject Property fi.om the R-1 zoning district to the O-1 zoning district, as requested in Rezoning Application #ZM-140, and incorporating this Proffer Statement, development of the Subject Property shall take place in substantial conformance with the proffered conditions listed below. 1. Development of the Subject Property shall be in conformance with the Rezoning Concept Plan prepared by Paciulli Simmons & Assodates, and dated January 27, 1994, as revised June 13, 1994 (the "Rezoning Concept Plan"), subject to engineering changes and adjustments as required by Town of Leesburg ordinances and regulations during the development plan approval process. 2. The record owner of the Subject Property or its successors-in-interest shall dedicate, flee and clear of all liens, at time of approval of the first final development plan or first record plat for AN ORDINANCE APPROVING #ZM-140 U.S.C.T.A. HEADQUARTERS the Subject Property, whichever occurs first, sufficient fight-of-way to allow for a thirty foot (30') fight-of-way from the existing centerline of State Route 688 ("Old Waterford Road") along the frontage of the Subject Property. The record owner of the Subject Property or its successors-in-interest shah construct frontage improvements west of the centerline of Old Waterford Road in accordance with VDOT standard GS-8, which frontage improvements shah be limited to twelve feet (12') of pavement measured from the centerline of Old Waterford Road, and shoulder as per VDOT Standard GS-8 along the edge of the Subject Property fronting on Old Waterford Road. In constructing the frontage improvements described in the previous sentence, the vertical alignment of Old Waterford Road shall be preserved. Construction of the frontage improvements described in this paragraph shall also be in accordance with Town of Leesburg standards, and shall be completed prior to the signature of the Zoning Administrator on a Certificate of Occupancy for the first office building constructed on the Subject Property. The record owner of the Subject Property, or its successor in interest shall reserve sufficient right-of-way along the frontage of the Subject Property along Old Waterford Road for the construction by others of a six foot (6') wide pedestrian/bicycle trail that would connect to the pedestrian/bicycle trail planned along the frontage of the Old Waterford Knoll property (adjacent to the Subject Property). Upon the written request of the Town of Leesburg's Land Development Official, the record owner of the Subject Property, or its successor in interest, shall dedicate to the Town of Leesburg, the right-of-way so reserved together with aH necessary temporary easements for grading and construction to facilitate the construction of the pedestrian/bicycle trail by others; provided, however, that the right-of-way so reserved or dedicated pursuant to this paragraph shall revert to the record owner of the Subject Property if the construction of a pedestrian/bicycle trail thereon has not been completed prior to December 31, 2OO4. o In the event that the record owner of the Subject Property or its successors-in..interest shah subdivide the Subject Property, thc following provisions shall apply: ao The subject Property shah not be subdivided into more than two lots each. consisting of approximately two (2) acres, more or less; and bo The maximum amount of office space to be constructed on each of the approximately two-acre parcels to be subdivided from the Subject Property shah not be more than five thousand (5,000) rentable square feet, using the Building Owners and Managers Association ("BOMA") method of measurement, each. Use of the Subject Property shah be restricted to general office uses. No retail uses or any other commercial, institutional, community service, or utility land uses shah be allowed on the Subject Property. No personal service uses which are accessory to office uses, and which would otherwise be permitted by right under Section 4D-2(4)(d) of the Zoning Ordinance, shall be allowed on the Subject Property. The general architectural design of the improvements to be constructed on the proposed 2-acre parcel of the Subject Property shown as "Lot 1" on the Rezoning Concept Plan, shall be in conformance with the architectural rendering entitled "Elevations-U.S.C.T.A. Headquarters, Leesburg, Virginia," prepared by Land Services Group, Ltd, and submitted to the Town of Leesburg in conjunction with the Rezoning Concept Plan. In addition, each of the two proposed AN ORDINANCE APPROVING #ZM-140 U.S.C.T.A. HEADQUARTERS 4 buildings on the Subject Property shall be limited to a single story above-grade, and shall not contain more than five thousand (5,000) rentable square feet of office space (using the BOMA method of measurement). As generally shown on the Rezoning Concept Plan, Applicant or its successor will provide landscape buffering around the perimeter of the Subject Property, in accordance with Town of Leesburg standards for the buffering of residential from non-residential USES. SECTION III. Concept plan approval does not express or imply any waiver or modification of the requirements set forth except as specifically cited herein. SECTION IV. This ordinance shall be effective upon its passage. PASSED this llth day of October ,1994. ATTEST: ..~ames E. Clem, Mayor Town of Leesburg o:USCTA.~RO