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Home My Public Portal About2000_05_23_O014 TLZM 2000-03 Twin LakesThe Town of Leesburg, Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED May 23, 2000 2ooo~,0- 14 ADOPTED May 23, 2000 APPROVING REZONING APPLICATION #ZM-2000-03 TO REZONE TWIN LAKES SITE FROM I-1 TO RE WHEREAS, on May 3, 2000, Loudoun County S~hools, a County government agency, submitted an application for a rezoning from I-l, Industrial Research Park to RE, Residential Estate for a 23.5-acres parcel identified as tax map 49 ((1))A, also known as the "Twin Lakes" site located west of the Harper Park Middle School; and WHEREAS, on May 9, 2000, the Town Council authorized a joint public hearing of the Planning Commission and Town Council; and WHEREAS, public notice for said joint public hearing as required by law was provided, and WHEREAS, on May 23, 2000, a joint public hearing was held by the Town Council and Planning Commission; and WHEREAS, on May 23, 2000, the Planning Commission provided their recommendation to the Town Council; and WHEREAS, the applicant has submitted zoning proffers dated May 23, 2000. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application ZM-2000-03 rezoning from I-l, Industrial Research Park to RE, Residential Estate for a 23.5-acres parcel identified as tax map 49 -2- AN ORDINANCE: APPROVING REZONING ZM-2000-03 FROM I-1 TO RE TO PERMIT AN ELEMENTARY SCHOOL ON THE "TWIN LAKES" SITE ((1))A, also known as the "Twin Lakes" site located west of the Harper Park Middle School is hereby approved. SECTION II. This rezoning is subject to the proffers dated May 23, 2000 and incorporated into this ordinance by reference. SECTION 1/I. This ordinance shall be in effect upon its passage. PASSED the 23rd day of May, 2000. ATTEST: ~ll~rk of Council o:ZM-2000-03 · Clem, Mayor Town of Leesburg PROFFERS FOR ZM# 2000-03, LEESBURG ELEMENTARY SCHOOL SUBMITTED BY COUNTY SCHOOL BOARD OF LOUDOUN COUNTY, VIRGINIA MAY 23, 2000 Pursuant to Section 15.2-2303 (A) of the Code of Virginia, 1950 as amended and Section 13A-12 of the Zoning Ordinance of the Town of Leesburg (the "Town"), the County School Board of Loudoun County, Virginia (the "Applicant"), which is the owner of approximately 23.5 acres of real property described as MCPI 149-47-6163 (the "Property"), hereby voluntarily proffers that in the event the Property is rezoned and approved for use as an elementary school site, development of the Property shall be in substantial conformity with the following terms and conditions which shall supersede all proffers and letters of clarification heretofore made concerning the Property. 1. GENERAL. The Applicant acknowledges that approval of the rezoning does not express or imply any waiver or modification of the requirements set forth in the Subdivision and Land Development Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual; and final plats, development plans and construction drawings are subject to the applicable Town regulations. LBGU B-0002266.04- EWC HAPMA 2. DEVELOPMENT AND USE. The Property shall be developed and used as a public elementary school site and uses customarily associated therewith, and no other uses. 3. KEYSTONE DRIVE. The Applicant acknowledges that the Keystone Drive Through Collector and the Keystone Drive grade separated crossing at Route 7 are transportation goals of the Town Plan and are supported by transportation policy resolutions heretofore adopted by the Leesburg Town Council. The Applicant shall cooperate with the Town in the completion of the Keystone Drive Through Collector and grade separated crossing of Route 7. (a) The Applicant shall reserve a 90-foot in width right-of-way for Keystone Drive across the Property from Potomac Station Drive to Route 7, generally as depicted on the Concept plan last revised May 23, 2000. (b) The Applicant shall provide a design for the Keystone Drive Through Collector across the Property, exclusive of and coordinated with the design of the Keystone Drive grade separated crossing of Route 7. The design shall be prepared as the -2- second phase of design and subsequent to Town approval of the elementary school development plans. The purpose of such design shall be to provide a coordinated design of the school roadway, to allow coordinated grading of the site, and to establish the probable limits of necessary rights-of-way and/or easements. This design shall be completed prior to occupancy of the school, and shall be provided at no cost to the Town. (c) Upon request by the Town, the Applicant shall take all necessary steps it may to cause fee simple title of said right-of-way to be conveyed to the Town, the granting of temporary or permanent easements, or other conveyance, suitable to obtain maintenance payments from VDOT. Such grant or conveyance shall be in a form approved by the Town Attorney and shall be at no cost to the Town. (d) Upon request by the Town, and subject to appropriations, the Applicant shall construct Keystone Drive as a four-lane undivided roadway through the property from Potomac Station Drive to the terminus of the planned flyover on the north side of Route 7. -3- Alternatively, if requested by the Town, and subject to 'appropriations, the Applicant shall construct Keystone Drive as a four-lane undivided roadway from Potomac Station Drive to Route 7 prior to and independent of the planned flyover. Intersection improvements at Route 7 shall be constructed by others. (e) The Applicant shall, upon request by the Town take all necessary steps it may to cause fee simple title to be conveyed or, grant such temporary and permanent easements as may be reasonably requested by the Town to facilitate and accommodate the design and construction of either the planned flyover or an interim at grade intersection at Route 7. Such easements shall be granted upon request by the Town, shall be in a form approved by the Town Attorney and shall be at no cost to the Town. (0 Subject to Town review and approval, the Applicant may incorporate access from the school site to Keystone Drive. 4. PEDESTRIAN/BICYCLE TRAIl,. The Applicant shall cooperate with the Town in completion of a Bicycle/Pedestrian Trail within the 90-foot right-of-way reserved for Keystone Drive. -4- (a) The Applicant shall reserve a 15-foot right-of-way within the 90-foot right-of-way and upon request by the Town, grant and convey a permanent easement thereover to the Town. Such grant shall be in a form approved by the Town Attorney and shall be at no cost to the Town. (b) Upon request by the Town, and subject to appropriations, the Applicant shall construct a Bicycle/Pedestrian Trail within said easement. 5. POTOMAC STATION DRIVE. (a) Upon request by the Town, the Applicant shall take all necessary steps it may to cause fee simple title of the right-of-way for that segment of Potomac Station Drive depicted on the Concept Plan to be conveyed to the Town, the granting of temporary or permanent easements, or other conveyance, suitable to obtain maintenance payments from VDOT. Such grant or conveyance shall be in a form approved by the Town Attomey and shall be at no cost to the Town. Improvements within such right-of-way to be constructed by others. (b) The Applicant shall construct intersection improvements as required by the Town to provide safe access from Potomac Station Drive onto the Property at the -5- proposed internal street intersection with Potomac Station Drive. Such intersection improvements shall be constructed at such time as Potomac Station Drive is completed. 6. ALTERNATE ACCESS/PROPERTIES OR PARCELS TO THE EAST. The Applicant will cooperate with the Town to provide alternate access to the parcels fronting on Route 7 to the East of the Harper Park Middle School. Such cooperation may include the taking of all necessary steps it may to cause fee simple title of a right-of-way to be granted to the Town, the granting of temporary and permanent easements or other conveyance suitable to obtain maintenance payments from VDOT. Such cooperation shall not include any construction by the Applicant. Such rights-of-way shall not exceed 50 feet in width and shall be in a location acceptable to both the Town and the Applicant. 7. PHASED ACCESS TO SCHOOL SITE. Access to the elementary school site shall be accomplished in two phases. Initially, access shall be made available through the adjacent Harper Park Middle School site. At such time as Potomac Station Drive is constructed by others, the Applicant shall connect to Potomac Station Drive as outlined under paragraph 5 and provide access via Potomac Station Drive. -6- 8. ACCESS FROM ROUTE 7. There shall be no direct access from the proposed elementary school to Route 7. A no-access easement shall be provided along the Property's Route 7 frontage, exclusive of and coordinated with the design of Keystone Drive, to implement the Town's transportation goals for Route 7 as a limited access facility. 9. MISCELLANEOUS. (a) The Applicant shall cooperate with the Town to mitigate crossover spacing conflicts with the eastmost proffered entrance to the Potomac Station retail site. Such cooperation shall include, but is not limited to, the taking of all necessary steps it may to cause fee simple title to be conveyed, and the granting of temporary and permanent easements. Such conveyances and grants shall be in a form approved by the Town Attorney, shall be at no cost to the Town and shall be upon the request of the Town. (b) The Applicant shall cooperate with the Town to mitigate the conflicts with the transition geometrics of Potomac Station Drive as shown on construction drawings currently under review by the Town. Such cooperation shall include, -7- but is not limited to,' the taking of all necessary steps it may to Cause fee simple title to be conveyed, the granting of temporary and permanent easements or other conveyance suitable to obtain maintenance payments from VDOT. Such conveyances and grants shall be in a form approved by the Town Attorney, shall be at no cost to the Town and shall be upon the request of the Town. The undersigned hereby warrants that all of the owners of a legal interest in the Property have signed this Proffer Statement, that they have full authority to bind the property to these conditions and that the proffers are entered into voluntarily. APPLICANT: STATE OF COUNTY OF COUNTY SCHOOL BOARD OF LOUDOUN COUNTY, VIRGINIA Name: Title: c..' , to wit: · I, the undersigned Not.ary public, in and for the jurisdiction aforesaid, do hereby, certify,,, that~o.s-~h Iii. I/~qlrl~ as C~xa[fOta.,e} o/~ 'f"~c ~cho,[ of the County School BoaiJd of Loudoun County, Virginia, whose name is signed to the foregoing, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this _2. 5' day of J~ ~ , 2000. My Commission Expires: ~9 {' :3 0-J..o b '2-.! 'Notary Q~--~- //~ ~~-~ Public ' -8- LOUDOUN COUNTY PUBLIC SCHOOLS 1o2 NORTH STREET, N.W. LEESBURG, VIRGINIA 20176 SCHOOL BOARD MEMBER May 24, 2000 Town Council and Planning Commission c/o Town Planning Department, Attention Gerald Mucci Town of Leesburg 25 W. Market Street P.O. Box 88 Leesburg, VA 20178 Re: ZM# 2000-03, Leesburg Elementary School Dear Members of the Town Council and Planning Commission: The purpose of this letter is to provide written confirmation of our clarification of certain aspects of the proffer statement. At the May 23, 2000, public hearing we confirmed our commitments under Proffers 3 and 6 as follows: Proffer 3: Proffer 3 (b), page 3, first full sentence: The purpose of such design shall be to provide a coordinated design of the school and roadway, to allow coordinated grading of the site, and to establish the probable limits of necessary rights- of-way and/or easements. The unlined word "and" was inadvertently omitted from the document. LBGLIB-0002329.01 -SHHOWARD May 24, 2000 2:5a PM Proffer 6: Proffer 6, page 6: The Applicant will cooperate with the Town to provide alternate access to the parcels fronting on Route 7 to the East of the Harper Park Middle School. Such cooperation mat~ shall include the taking of all necessary steps it may to cause fee simple title of a right-of-way to be granted to the Town, the granting of temporary and permanent easements or other conveyance suitable to obtain maintenance payments from V/DOT. Such conveyances and grants shall be in a form approved by the Town Attorney, shall be at no cost to the Town and shall be upon the request of the Town. Such cooperation shall not include any construction by the Applicant. Such rights-of-way shall not exceed 50 feet in width and shall be in a location acceptable to both the Town and the Applicant. The incorporated clarifications to Proffer 6 are consistent with language contained in other sections of the proffer document and reflect the intent and commitments tendered by the County School Board of Loudoun County. We deeply appreciate your support and assistance in this matter. Please contact us if any additional information is needed in this regard. Sincerely, Joseph W. Vogric School Board Chairman 2