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HomeMy Public PortalAbout1998_06_23_O013 ZM 155 Loudoun County CourtsLeesburg, Virginia PRESENTED June 23, 1998 ORDINANCE NO. 98-0-13 ADOPTED Jtme 23, 1998 AN ORDINANCE: AMENDING THE LEESBURG ZONING MAP AND APPROVING A REZONING APPLICATION FOR #ZM-155 LOUDOUN COUNTY COURTS PROJECT BY THE LOUDOUN COUNTY BOARD OF SUPERVISORS AND THE LEESBURG TOWN COUNCIL WHEREAS, on April 28, 1998, the Town Council initiated a rezoning and set a joint public hearing for rezoning application #ZM-155 Loudoun County Courts Project by the Loudoun County Board of Supervisors and the Leesburg Town Council to rezone approximately 5.17 acres of land from B-1 (Downtown Mixed Use Zoning District) and R-HD (Historic Residential Zoning District) to GC (Government Center District); and WHEREAS, on May 26, 1998 the Town Council and Planning Commission held a joint public heating to consider this rezoning application; and WHEREAS, on June 18, 1998 the Planning Commission recommended conditional approval of#ZM-155 Loudoun County Courts Project with the following modifications: 1. Reduced building setbacks as identified in the proffers and as shown on the concept plan. 2. Modification to Section 4G-7 Height Limitations for Principal Structures, to permit a height of 55 feet to facilitate the proposed courts building. 3. Reduced minimum site design standards for buffer yards, perimeter parking lot landscaping, and interior parking lot landscaping as identified in the proffers and as shown on the concept plan and "Block #2 Parking Lot Buffer Yard Modification Plan". WHEREAS, the requested rezoning is consistent with the policies of the Town Plan that recommend enlarging the judicial center in its downtown location; and WHEREAS, this rezoning is in the interest of public necessity, convenience, general welfare and good zoning practice. The Town of -2- AN ORDINANCE APPROVING #ZM-155 LOUDOUN COUNTY COURTS PROJECT THEREFORE, ORDAINED by the Town Council of Leesburg as follows: SECTION I. Rezoning application #ZM-155 Loudoun County Courts Project by the Loudoun County Board of Supervisors and the Leesburg Town Council is hereby approved and the Leesburg Zoning District Map is amended to change the zoning on approximately 5.17 acres of land from B-1 and R-HD to GC. Rezoning of #ZM-155 is subject to Proffers dated June 23, 1998 a copy of which is attached hereto, and made a part hereof and incorporated 'by reference herein. The property is comprised of two blocks. The First Block is comprised of approximately 3.28 acres of land and is bounded by North King, East Market, Church and Cornwall Streets as shown on the "Site Plan, Preliminary Concept" prepared by Kallmann McKinnell & Wood Architects in association with Henningson, Durham & Richardson, dated 26 March 1998. The Second Block is comprised of approximately 1.89 acres of land and is bounded by Church Street, Cornwall Street and Edwards Ferry Road, as shown on Exhibit B, Phase 1 Concept Plan and Exhibit C, Phase 2 Concept Plan. SECTION II. Rezoning approval is granted together with the following modifications as provided for in Section 4G - Government Center District of the Town of Leesburg Zoning Ordinance: 1. Reduced building setbacks as identified in the proffers and as shown on the concept plan. 2. Modification to Section 4G-7 Height Limitations for Principal Structures, to permit a height of 55 feet to facilitate the proposed courts building. 3. Reduced minimum site design standards for buffer yards, perimeter parking lot landscaping, and interior parking lot landscaping as identified in the proffers and as shown on the concept plan and "Block #2 Parking Lot Buffer Yard Modification Plan". -3- AN ORDINANCE APPROVING #ZM-155 LOUDOUN COUNTY COURTS PROJECT SECTION III. Concept plan approval does not express or imply any waiver or modifications to any requirements of the Design and Construction Standards Manual, Subdivision and Land Development Regulations or Zoning Ordinance except as specifically cited herein. SECTION IV. This ordinance shall be effective upon its passage. PASSED this 23rd day of June, 1998. ~Jj~(nes E. Clem, Mayor ~l'own of Leesburg ATTEST: Clerk of Council Attached: Proffers and Concept Plan attached hereto and incorporated by reference herein o:zm155 PROFFER STATEMENT Loudoun County Courts Project Zoning Map Amendment Case Number ZM-155 June 23, 1998 LEESBURG TOWN COUNCIL LOUDOUN COUNTY BOARD OF SUPERVISORS Prepared by Loudoun County Department of General Services PROFFER STATEMENT ZM-155 Loudoun County Courts Project TABLE OF CONTENTS PROFFER STATEMENT LAND USE BUILDING SETBACKS LANDSCAPING, SCREENING, BUFFER YARDS TRANSPORTATION TRANSPORTATION STUDY TRAFFIC MITIGATION PARKING SIGNATURE PAGE CONCEPT DEVELOPMENT PLAN EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT F: EXHIBIT G: FIRST BLOCK SECOND BLOCK, PHASE 1 SECOND BLOCK, PHASE 2 BLOCK #2 PARKING LOT BUFFER YARD MODIFICATION PLAN PARKING LOT LOCATIONS PARKING MANAGEMENT PLAN, Phase 1 PARKING MANAGEMENT PLAN, Phase 2 LEESBURG TOWN COUNCIL LOUDOUN COUNTY BOARD OF SUPERVISORS June 23, 1998 Prepared by Loudoun County Department of General Services PROFFER STATEMENT ZM-155, LOUDOUN COUNTY COURTS PROJECT June 23, 1998 The Loudoun County Board of Supervisors ("the County") is the Owner of property ("the Property") consisting of two blocks of the Historic District of the Town of Leesburg, in Loudoun County, Virginia. The Property in the First Block is more specifically described as Lots 26, 27, 28 of the Plan of Leesburg dated 1755; and Loudoun County Tax Map Insert 48A, Block 23, lots 1, 9, 10, 11, 12, 13, 14, 14A, 15. The First Block, 3.28 acres, is zoned B-1 Downtown Mixed Use District; and R-HD, Historical Residential District. The Property in the Second Block is more specifically described as Loudoun County Tax Map Insert 48A, Block 31, lots, 1, 2, and 13. The Second Block, 1.889 acres, is zoned B-l, Downtown Mixed Use District; and R-HD, Historical Residential District. The renovation and expansion of the Loudoun County courts ("the Project") is needed at this time to address pressing public needs resulting from the strong and persistent increases in the population of Loudoun County, and in furtherance of the preservation of public Law, Order, and Justice. The Loudoun County Board of Supervisors ("the Applicant") hereby voluntarily proffer pursuant to Section 15.2-2303 of the Code of Virginia (1950, as amended, that, in the event the Property is rezoned from B-1: Downtown Mixed Use District; and R-HD, Historical Residential District; to GC, the Government Center District, the development of the Property shall be in conformance with the following terms and conditions listed in these sections, and with the attached Exhibits incorporated herein by reference. PROFFER STATEMENT June 23, 1998 Loudoun County Courts Project LAND USE The Applicant shall develop the Property in conformance with the attached Concept Development Plan ("the Plan") consisting of Exhibit A, and Exhibit B, and Exhibit C, incorporated herein by reference, showing the two blocks that are the subject of Zoning Map Amendment ZM-155 for the Loudoun County Courts Project Application ("the Application"). The First Block, shall be developed as shown on Exhibit A: "Exhibit A, Site Plan, Preliminary Concept, Loudoun County Courts Complex - Leesburg, Virginia, dated March 26, 1998, prepared by Kallmann McKinnell & Wood Architects in association with Henningson, Durham & Richardson." 3. The Second Block, shall be developed in two phases. Ao Phase 1 of the Second Block shall be developed as shown on Exhibit B: "Exhibit B, Phase 1 Concept Plan, Loudoun County Courts Complex Town of Leesburg 2nd Block, revised through June 18, 1998, prepared by the Loudoun County Department of General Services" in conjunction with development of the First Block. Bo Pha.qe 2 of the Second Block, shall be developed as shown on Exhibit C: "Exhibit C, Phase 2 Concept Plan, Loudoun County Courts Complex Town of Leesburg 2nd Block, revised through June 18, 1998, prepared by the Loudoun County Department of General Services". The Applicant shall restrict the use of the Property to Government Center uses, including courts of law, the County Clerk and other related offices, government offices, and parking. o The Applicant shall construct (in addition to the current approximately 69,377 square feet of development to be retained) a maximum of approximately 178,000 square feet of new development on the Property. ° The Applicant shall submit Development Plans, based on the Plan, that shall satisfy Town of Leesburg requirements with reasonable allowances made to address engineering issues. PROFFER STATEMENT June 23, 1998 Loudoun County Courts Project BUILDING SETBACKS: THE FIRST BLOCK The Applicant will develop the First Block as shown on the Plan included herein by reference as Exhibit A. 1. WEST Ao PROPERTY BOUNDARY (King Street) The Applicant will continue to maintain the existing approximately 100-foot setback of the Historic Courthouse as shown on the Plan. The Applicant will continue to maintain the existing approximately zero-setback of the former administration building and the new court building expansion as shown on the Plan. o SOUTH PROPERTY BOUNDARY (Market Street) A. The Applicant will continue to maintain the existing approximately 65-foot setback of the Historic Courthouse as shown on the Plan. Bo The Applicant will continue to maintain the existing approximately 70-foot setback of the Academy and Clone buildings with the new court building entrance having a minimum 50-foot setback as :shown on the Plan. Co The Applicant will continue to maintain the existing zero-setback of the Historic Valley Bank Building as shown on the Plan. ° EAST Ao PROPERTY BOUNDARY (Church Street) The Applicant will continue to maintain the existing zero-setback of the Historic Valley Bank Building as shown on the Plan. Bo The Applicant will provide a varied setback of approximately 3-feet to 10-feet for the new court building as shown on the Plan to continue the historic pattern of urban enclosure. o NORTH PROPERTY BOUNDARY (Cornwall Street) A. The Applicant will provide a setback of approximately 30-feet to the garden wall, and approximately 40-feet to the new court building, as shown on the Plan. o INTERNAL PROPERTY BOUNDARIES A. The Applicant will continue to maintain the existing approximately zero to 4-foot setback on the north side of the former administration building as shown on the Plan. Bo The Applicant will provide a minimum 8-foot setback on the west side of the new court building near Cornwall Street, as shown on the Plan. o PROFFER STATEMENT June 23, 1998 Loudoun County Courts Project BUILDING SETBACKS: THE SECOND BLOCK T,~e Applicant will develop the Second Block as shown on the Plan included herein by reference as Exhibits B and C. PHASE 1 The Applicant shall develop the Project according to the Plan incorporated herein by reference as Exhibit B. PHASE 2 The Applicant shall develop the Project according incorporated herein by reference as Exhibit C. to the Plan and LANDSCAPING, SCREENING AND BUFFERING All landscaping, screening and buffering of the renovation and expansion of the existing and planned court project buildings on the Property are subject to Development Plan approval by the Town of Leesburg Planning Commission and the Town of Leesburg Board of Architectural Review. FIRST BLOCK The existing Historic Court Lawn as shown on the attached Exhibit A is a significant feature in the Town of Leesburg's historic past that continues to function as the historic center of the Town, and the site of many public events. The tree canopy in the first block meets the Town of Leesburg Zoning Ordinance twenty-year canopy requirement for the Project. The Applicant will protect and maintain a majority of the mature tree canopy cover to the extent practicable in this block. In the event that a mature tree is removed, the Courts Cultural and Archeological Subcommittee (consisting of representatives from the Judiciary, the Loudoun County Bar Association, local historians, the Town, and the County) will recommend appropriate replacement by the Applicant. The Applicant will maintain the required Project landscaping in a living and growing state; and will trim such landscaping when needed so as to avoid any deleterious effect on adjacent property. The Applicant will retain and maintain the existing Historic wrought iron fence where currently existing at the King Street property boundary and at the Market Street Property boundary. PROFFER STATEMENT June 23, 1998 Loudoun County Courts Project LANDSCAPING, SCREENING AND BUFFERING SECOND BLOCK All landscaping, screening and buffering of the renovation and expansion of the existing and planned court project buildings on the Property are subject to Development Plan approval by the Town of Leesburg Planning Commission and the Town of Leesburg Board of Architectural Review. To further the design of a project with the Government Center designation, the District allows modifications as needed. Modification requests for specific setbacks, landscaping, screening and buffering for buildings and parking areas are shown on the attached Exhibit D: "Block #2 Parking Lot Buffer Yard Modification Plan". ,, The Applicant shall submit Detailed Landscape Plans as part of Development Plan submittals that satisfy Town requirements with reasonable allowances made to address engineering issues. PROFFER STATEMENT June 23, 1998 Loudoun County Courts Project TRANSPORTATION TRANSPORTATION STUDY The Applicant provided a transportation evaluation of the impacts of the Project that was sealed by the Consultant's Professional Engineer who produced the Study, as required by the Town for the Application. The Study has been reviewed by the Town of Leesburg Department of Engineering and Public Works. The Applicant provided the transportation evaluation entitled The Courts Complex Transportation Study dated May 22, 1998, that was expanded with numerous additional evaluation Memoranda which were revised through June 19, 1998. ("the Transportation Study" or "the Study"). This work was performed by MCV Associates, Incorporated ("the Consultant"). The Transportation Study was performed according to background information, growth factors, programmed road improvements and other criteria forrnally identified in a detailed Study Scope that was developed jointly by the Town and the County for the Application. The Study includes a complete transportation impact analysis for the Courts Project based upon a detailed traffic modelling and National Highway Capacity analysis methodology of the traffic and parking for the Project. A key feature of the Study was to discourage court visitors from parking in, or driving through the nearby residential areas. TRAFFIC MITIGATION As indicated by the Study, two traffic signals as listed below are expected to be warranted by future conditions after the Project is built out and fully occupied. When the signals are warranted the Applicant shall include the appropriate revenue amount for the two traffic signals in the draft annual County Budget for payment to the Town of Leesburg. When the signals are warranted the Applicant shall cooperate with the Town of Leesburg to provide such signals by payment for such signals: A. at the intersection of King Street and North Street, and B. at the intersection of Catoctin Circle and Edwards Ferry Road. PROFFER STATEMENT June 23, 1998 Loudoun County Courts Project COURT PARKING In addition to the parking review performed by the consultant in the Transportation Study, the Applicant performed a detailed study of parking for the Project. A key feature of the parking analysis was to discourage court .visitors from parking in, or driving through the nearby residential areas. The parking analysis: "The Loudoun County Courts Complex Parking Analysis", by the Department of General Services, dated April, 1998, was submitted with the Application. The analysis indicates the following: 1. Required Parking Spaces The Applicant shall provide the number of parking spaces required by the Town of Leesburg Zoning Ordinance as listed below: The Applicant will provide at least 451 parking spaces in Phase 1 of the Project, based on continued use 'of approximately 69,377 square feet of existing court structures, and a maximum of approximately 105,549 square feet of new construction in Phase 1. Bo The Applicant will provide at least 711 parking spaces in Phase 2 of the Project, based on continued use of the approximately 1'74,926 square feet of Phase 1, and a maximum of approximately 60,000 square feet of new construction in Phase 2. 2. Parking Lot Locations Specific parking areas are identified in the parking analysis, with the main parking area for the Project located on the Second Block across Church Street from the new court building on the First Block. The parking lots for use by the Project are identified in "Parking Lot Locations" by the Department of General Services, dated April, 1998, and revised through June 18, 1998," incorporated herein by reference as Exhibit E. PROFFER STATEMENT June 23, 1998 Loudoun County Courts Project Parking Management Plan The Parking Management Plan described in the Application is designed to direct court traffic into the main parking lot on Church Street, and off' of the surrounding residential streets. This plan is shown in the attached exhibits dated April 10, 1998, revised through June 18, 1998, by the Town of Leesburg and Loudoun County: "Exhibit F: Parking Management Plan Phase 1"; and "Exhibit G: Parking Management Plan Phase 2", and as described below. The Applicant shall use maps and flyers to inform the public of the parking locations and options for the purpose of directing court traffic away from the neighborhood streets and maximizing the utilization of the designated parking areas. The Applicant shall post signs to direct visitors to the main Church Street parking lot entrance. If the main lot is full, signs shall be posted to direct traffic through the main lot, and then directly across Cornwall Street (a.k.a. Slack Lane) to the existing Semones lot. Signs in both lots shall be posted to direct traffic to exit onto Edwards Ferry Road. Co The Applicant shall provide a detailed Signage Plan to implement the parking management plan and submit it along with Development Plans for the Project to the Town of Leesburg. Do The Applicant shall coordinate with the Town to designate the use of nearby on-street parking for handicapped parking or other specific uses as needed. The Applicant shall continue use of existing signs and install new signs as needed which state that certain parking areas are reserved for court use during court sessions. Fo The Applicant shall continue use of existing signs which state that certain parking areas are for public parking use when court is not in session. Adjacent and nearby residents, church members, and other members of the public, may use these parking lots for parking during non-court sessions. The Applicant shall monitor the use of the parking areas, and provide shuttle access from satellite parking lots if needed. o PROFFER STATEMENT June 23, 1998 Loudoun County Courts Project Parking Lot Lighting The Applicant shall submit a detailed Lighting Plan with submissi[on of detailed Development Plans for the Project to the Town of Leesburg, and install lighting standards approved by the Board of Architectural Review. Parking Lot Landscaping As long as the Cultural and Archeological Subcommittee (CARS) of the Courts Advisory Committee exists, the Applicant shall work with such entity to provide landscaping for the beautification of the courts parking lots, including the existing Semones parking lot. LOUDOUN COUNTY COURTS PROJECT PROFFER STATEMENT June 23, 1998 Loudoun County Courts Signature The undersigned Applicant is the fee-simple owner of the property, and hereby w)luntarily proffers pursuant to Section 15.2303 of the Code of Virginia, as amended, that, in the event the Property is rezoned from B-l: Downtown ]Mixed Use District; and R-HD, Historical District; to GC, Government Center, the conditions herein shall be binding upon the Applicant, its successors and assiigns. Witness the following signature and seal this 23 day of June, 1998: Dale Polen Myers (~ Chairman, The Loudoun County Board of Supervisors COMMONWEALTH OF VIRGINIA COUNTY OF LOUDOUN, VIRGINIA I, the undersigned, a Notary Public in and for the Commonwealth of Virginia and County of Loudoun, do hereby certify that Dale Polen Myers appeared before me and signed the foregoing Proffer Statement dated June 23, 1998, and have this day acknowledged the same before me in the State of Virginia, Loudoun County as the act and deed of Loudoun County Board of Supervisors, and have made oath that the same was executed, on behalf of Loudoun County Board of Supervisors and by due authority of Loudoun County Courts. Given under my hand this ,~ 3 ~4 N~ t a-ry ~/l~i c day of (~zur,.~ , 1998. My Commission Expires 10. a:\ctprf-23.98 I I~ I I I Exhibit A: Site Plan, Preliminary Concept, Loudoun County Courts Complex - Leesburg, Virginia, dated March 4, 1998, by Kalhnann McKinnell & Wood Architects in association with Henningson, Durham & Richardson. f Exhibi[ C: dated June l l, 1998, revised through June 18, 1998, by thc Loudoun County Department of General Services. .... Block #2 twenty (20) p~rking spaces pursuant to section 9A-13(1)c of thc zoning ordinm'me. '~' Il · 1.1~ i _1 ] Il I ~/ [ - --- -- Reducxion of Perimeter Parking Lot Landscaping to 5 feet in ' along Church Street pursuant --- Ordinance. Alternative screening to be approved by the Bc Architectural Review ~ sc~*tion 9A- Wrought iron fencing to be instmJled per BAR Case# 97-22 approved on April 7, 1997. ,. zoni ~ .__ // -- ' - , ' ,,,- Reduction of buffer ya~rd requirement to 5 feet in width in these areas pursuant to section 9A-20(1)'of the zoning .... ordinance. Alternative screen to be approved by the Board of A.redmitecruraJ Review per section 9A-20(1). Exhibit D' Block 02 Parking Lot Buffer Yard ModLfication Plan Block #2 Parking Lot Buffer Yard Modification Plan, dated June 11, 1998. 200 0 200 400 600 800 1000 1200 Foot 0.02 0 0.02 0.04 0,06 0.08 Milos Scalo: 1" = 400' N P Parking Lots Exhibit E: Parking Lot Locations, dated April 10, 1998, and revised through June 18, 1998, by the Loudoun County Department of General Services. Exhibit F' Parking Management Plan Phase 1, dated June 11, 1998, and revised through June 18, 1998, by the Loudoun County Department of General Services. Exhibit G: Parking Management Plan Phase 2, dated June 11, 1998, and revised through June 18, 1998, by the Loudoun County Department of General Services.