HomeMy Public PortalAbout2004_03_23_O003 ZM 2003-06 Leesburg CentralThe Town of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED March 23, 2004
2004-0-03 ADOPTED March 23, 2004
APPROVING APPLICATION #ZM -2003-06 LEESBURG CENTRAL
WHEREAS, application has been filed by James D. Turner for Rezoning #ZM-2003-06
known as "Leesburg Central"; and
WHEREAS, a duly advertised Planning Commission public hearing was held on January
15, 2004; and
WHEREAS, at their regular meeting of February 19, 2004, the Planning Commission
recommended approval of this application to the Town Council; and
WHEREAS, the Town Council held a duly advertised public hearing on this application
on March 23, 2004; and
WHEREAS, the staff continues to recommend approval; and
WHEREAS, the Council has concluded that the approval of the application would be in
the public interest and in accordance with sound zoning and planning principles.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia that
Rezoning #ZM-2003-06 is approved subject to the proffers last dated February 27, 2004.
PASSED this 23rd day of March 2004.
ATTEST:
erk of Council
004: 1EESBURGcENTRAL Approval
~KIIIIEn C. Umstattd, Ma~r ' (
Town of Leesburg
TLZM 2003-03 PROFFERS SUBMITTED B Y JAMES D. TURNER IN
CONNECTION I'VITH APPROVAL B Y THE TOgYN OF LEESBURG OF
LEESB UR G CENTRAL
(with revisions to February 27, 2004
Pursuant to Section 15.2-2297 et seq. of the Code of Virginia, 1950 as amended and
Section 3.3.16 of the Zoning Ordinance of Town of Leesburg, Mr. James D. Turner who
is the Applicant herein, and who is the owner of approximately 0.58 acres of real
property described as Year 2003 Loudoun County PIN's 231-39-0411,201 E. Loudoun
Street (James D. Turner, Trustee/Owner), 231-29-0596 part of 206 Royal Street S.E.
(Harrison Street Land Trust, James D. Turner, Trustee/Owner) and 231-29-0797 part of
206 Royal Street S.E. (Harrision Street Land Trust, James D. Turner, Trustee/Owner),
231-39-0103 (Seven One Company L.C., James D. Turner, Manager/Owner) and Andrew
Phillip. Hepburn who is the owner of approximately 0.09 acres of real property described
as Year 2003 Loudoun County PIN #231-39-0909 (203 Loudoun Street), and Jacqueline
Scribner who is the owner of approximately 0.13 acres of real property described as Year
2003 Loudoun County PIN #231-39-1408 (205 Loudoun Street), the six parcels
collectively referred to herein as the "Property", who are seeking approval by the Town
of Leesburg (the "Town") of rezoning application #TLZM 2003-03, hereby submit the
following voluntarily proffers which are contingent upon Town approval of said rezoning
application.
Rezoning Concept Plan Development of the Property shall be in substantial
conformance with the Rezoning Concept Plan prepared by Pacuilli Simmons
& Associates dated July 28, 2003 and revised through February 27, 2004
(hereinafter referred to as the "Rezoning Concept Plan"), which is attached to
these proffers as Exhibit A and which shall control the use, layout and
configuration of the Property, with reasonable allowance to be made for
engineering and design alteration and to meet Town Zoning, subdivision and
land development regulations.
BISHOP HOUSE The 1309 square foot existing building known as the
Bishop House shall be preserved on the property and used solely for
residential purposes. The building shall not have a driveway onto Royal
Street but shall have access, via a written ingress/egress easement to the
common parking lot on the Property and depicted on the Rezoning Concept
Plan.
RETAIL FACADE The first floor of the 3 story building fronting on
Loudoun and Harrison Streets shall exhibit a retail facade treatment in
accordance with Historic District Guidelines with ultimate approval of the
design by the Board of Architectural Review (subject to Virginia law) as part
of its review.
4. FULL FRONTAGE IMPROVEMENTS HARRISION/LOUDOUN
STREETS At the time of the Final Development Plan approval, full frontage
improvements, including but not limited to curb, gutter, streetlights and brick
sidewalks will be dedicated, bonded, or constructed along the frontage of the
Property adjacent to Harrison and Loudoun Streets at no cost to the Town.
FULL FRONTAGE IMPROVEMENTS ON ROYAL STREET At the
time of Final Development Plan approval, full frontage improvements will be
dedicated, bonded or constructed along the frontage of the Property adjacent
to Royal Street at no cost to the Town. Said improvements shall consist of the
following: ~0 two 9-foot wide travel lanes on Royal Street with a 2- foot gutter
pan on each side; b) a 5-foot wide brick side walk on the north side of the
street; c) dedication of a strip of land approximately 7 feet wide across the
frontage of the Property adjacent to Royal Street; and d) these improvements
shall extend, from Harrison Street 'to the east side of the Bishop House lot.
EASEMENT FOR FUTURE TRAFFIC SIGNAL: Prior to Final
Development Plan approval, appropriate easements will be provided by the
Applicant, at no cost to the Town, for installation and maintenance for any
future traffic signal at Harrison and Loudoun Street.
CASH PROFFER FOR OFFSITE TRANSPORTATION IMPROVEMENTS:
Prior to Final Development Plan approval Applicant shall pay the sum of
$20,000 as a contribution toward the future costs of offsite transportation
improvements in the Town of Leesburg.
USES PROHIBITED: Use of the property shall be limited to Office, with the
exception that the Bishop House, (see Proffer 2), which shall only be used for
residential purposes. All other uses shall be prohibited.
The Applicant agrees that approval of this 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 that final plats, development plans, and construction drawings
for development on the Property are subject to the applicable Town regulations.
Jamei'D: .Tfirner
As Applicant and Property Owner
124 S. Royal Street
Alexandria, VA 22314
703-836-3670
Fax 703-519-8757
The Property Owner's covered under this Rezoning and associated proffers Consent
and Agreyd. o,,all of the proffers and terms stated herein as evidenced by their
' ". ..~. Date (_..9
g
Se%m.-Ofie Compm~y L.C.
City of Alexandria,
State of Virginia, to-wit:
Sworn and subscribed before me by James D. Turner, Manager Seven One
Company, L.C. this A 7-~"day of February 2004.
Not~ Public
Jam~~mer, ~~.
Trustee, Haxison Street Land Trust
City of Alexandria,
State of Virginia, to-wit:
Sworn and subscribed before me by James D. Turner, Trustee, Harrison Street
Land Trust, this ~'?t/aay of February 20.,0.4; -, -,~ : --",
' ~0ihrY-~ublic
Comm. Expires:~'t3,:¢
Date
Comm. Expires:
Andrew Phillip Hepbhm
Date
City of Alexandria,
State of Virginia, to-wit:
Sworn and subscribed before me by Andrew Phillip. Hepburn this
February, 2004.
N~ary Pub ll'tr/
Comm. Expires: 03 J~l J ~'7
I
day of
///~Iacqti~ine Scribner
City of Alexandria,
State of Virginia, to-wit:
Sworn and subscribed before me by Jacqueline Scribner this ~'7 ~ay of
February, 2004.
Notaw Public
Comm. Expires: ~(~ ~/~g~ / ~d ~
jdt: proffer list leesburg central