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Home My Public Portal About2007_01_23_O006 Approving TLZM 2006-0002 ASE Airpark Commerce Park The Town of Leesburg, Virginia ORDINANCE NO. 2007-0-06 PRESENTED January 23. 2007 ADOPTED January 23.2007 AN ORDINANCE: APPROVING APPLICATION TLZM-2006-0002 ASE/AIRPORT COMMERCE PARK TO AMEND THE CONCEPT DEVELOPMENT PLAN AND PROFFERS ADOPTED AS PART OF ZM-2005-01. THE TOWN COUNCIL OF LEESBURG ORDAINS: SECTION I. That Rezoning TLZM-2006-0002 is approved pursuant to the proffer statement dated February 21, 2006, revised through December 8, 2006. SECTION II: This Ordinance shall become effective upon the date and at the time of its final passage. SECTION III: If any provision of this ordinance is declared invalid, the decision shall not affect the validity of the ordinances as a whole or any remaining provisions ofthe ordinance. PASSED this 23rd day of January 2007. ~~~ . . U tattd, Mayor Town of Leesburg ATTEST: ~ td. 4Jted erk of CouncIl TLZM-2006-00002 :ASE PROFFER STATEMENT AIRPORT COMMERCE PARK TLZM # 2006-0002 February 21, 2006 Revised through December 8, 2006 Pursuant to Section 15.2 - 2303 of the Code of Virginia, as amended, and Section 3.3.16 of the Zoning Ordinance of the Town of Leesburg, the undersigned, The National Institute for Automotive Service Excellence ("ASE"), hereinafter referred to as the "Applicant," is the occupant and owner of Loudoun County Tax Map 60, Insert 12CM, Parcels 1 (MCPI #234-40-9961), 2 (MCPI #233-10-7320) and 3 (MCPI #190-15-5301), hereinafter called the "Property", which is more particularly described on the Concept Development Plan attached hereto as Attachment 1. Applicant hereby proffers on behalf of itself, and its successors and assigns, that if the Leesburg Town Council approves an amendment to the Concept Development Plan and Proffer Statement approved by #ZM- 80, Ordinance No. 88-0-19, and amended by ZM-2002-01, Ordinance No. 2003-0-10, adopted August 12, 2003, the development of the "Property" shall substantially conform and be subject to the following terms and conditions proffered herein: PROFFERS 1. Concept Development Plan. The Applicant proffers that it will develop the Property in general conformance with the Concept Development Plan dated February 13, 2006, and revised through May 16, 2006, prepared by Tri- Tek Engineering (hereinafter identified as the "Concept Development Plan"), and incorporated as Attachment 1 hereto. Airport Commerce Park Proffer Statement February 21,2006 Revised through December 8, 2006 Page 2 2. Transportation. A. The Applicant will develop its internal road network, including Miller Drive, in substantial conformance with the Concept Development Plan. All internal roads will be constructed to Town and VDOT standards and will be dedicated to the Town. B. The Applicant will make a cash contribution to the Leesburg Regional Transportation Fund in the amount of sixty cents ($0.60) per gross leaseable square foot for uses other than commercial office and ninety cents ($0.90) per gross leaseable square foot for commercial office use. Contribution shall be made as construction of such square footage is approved in the form of zoning permits. C. The Applicant will make a one-time cash contribution to the Leesburg Regional Transportation Fund in the amount of FIFTY THOUSAND Dollars ($50,000) prior to issuance of the first zoning permit for the construction of improvements on Lot 2 or 3 within Airport Commerce Park. D. All monetary contributions stated In these proffers shall be subject to adjustment at a rate equal to any fluctuations in the Consumer Price Index (C.P.I.) from the date of final approval of these Amended Proffers. 3. Compatibility with Airport Use. The Applicant will comply with the Federal Aviation Agency's "7: 1" building height from runway ratio in establishing the Airport Commerce Park Proffer Statement February 21,2006 Revised through December 8, 2006 Page 3 height of the buildings on the property or the Town of Leesburg Zoning Ordinance Section 7.7 A-I, Airport Overlay District, whichever is more stringent.. 4. Fire and Rescue Donation. The Applicant shall donate a sum equal to five cents ($.05) per gross leaseable square foot developed on the property to the Town of Leesburg, one-half for the use of the Leesburg Volunteer Fire Company (Company 1) and one-half to the Loudoun County Rescue Squad (Company 13). Such donation shall be made at the time of zoning perinit approval for such development. 5. Environmental Matters. The Applicant shall establish a tree buffer from the edge of the existing property line fronting on Route 654 a depth of 100 feet on the wooded portion of the property as depicted on the Concept Development Plan and a tree buffer from the edge of the ultimate (i.e., after deduction) boundary of the property fronting on Route 643 to the Building Restriction Line (BRL) as depicted on the Concept Development Plan. The Applicant shall also establish a tree buffer of twenty-five (25) feet in depth (12.5 feet to each side) along the interior lot lines of the project on the wooded portion of the property. Both such buffer areas shall be accomplished to the extent that good engineering practices on the remainder of the property allow. Further, the Applicant shall submit a landscape and tree preservation plan at development plan stage which identifies and preserves to the greatest extent possible, consistent with reasonable economic and engineering considerations, any trees with a diameter of ten inches at a heights of five (5) feet from ground. Airport Commerce Park Proffer Statement February 21,2006 Revised through December 8, 2006 Page 4 6. Road Improvements. A. Prior to approval of the first Development Plan for a lot having direct access to Miller Drive, applicant will dedicate, bond and construct the following road improvements as shown on the Concept Development Plan: 1. Extend Miller Drive, S.E. from its current terminus north of Blue Seal Drive to Tolbert Lane, S.E. as a four lane undivided collector. 2. Frontage improvements to Tolbert Lane consisting of curb, gutter, and sidewalk and lane widening from the extension of Miller Drive, extended to Sycolin Road, S.E., as depicted on the Concept Development Plan. 3. If direct access to Blue Seal Drive is also proposed, frontage improvements consisting of curb, gutter and sidewalk shall be provided on Blue Seal Drive from east of the point of access to Miller Drive Extended. B. Prior to approval of the first Development Plan for a lot having direct access to Blue Seal Drive, applicant will dedicate, bond and construct the following road improvements: 1. Extend Miller Drive, S.E. from its current terminus north of Blue Seal Drive to Tolbert Lane, S.E. as a four lane undivided collector. 2. Frontage improvements to Tolbert Lane consisting of curb, gutter, and sidewalk and lane widening from the extension of Miller Drive, extended, to Sycolin Road, S.E., as depicted on the Concept Development Plan. 3. Frontage improvements to Blue Seal Drive consisting of curb, gutter, and sidewalk and lane widening from the end of the cul-de-sac to Miller Drive, extended. Airport Commerce Park Proffer Statement February 21, 2006 Revised through December 8, 2006 Page 5 C. Road Improvement Timing. Applicant will begin the road construction within two (2) years of approval of the Development Plan. In any case, Applicant will complete all of the road improvements described above but will not open the new construction until Tolbert Lane is closed west of its intersection with Miller Drive. Applicant will submit the Preliminary/Final Development Plan for the road improvements within six (6) months of approval of the Proffer and Concept Plan Amendment and will diligently pursue approval of the same. 7. Commercial Office Use Buffer. The Applicant will provide a use buffer of commercial office along the northern boundary of its property; i.e., along existing Route 654, to the extent that, but only so long as, the portion of the property now owned by Oaklawn II, LLC lying north of and adjacent to existing Route 654 and immediately juxtaposed to the northern boundary of the Applicant's property is zoned for residential development. 8. Miscellaneous. These proffers are filed in accordance with Section 15.2- 2303 of the Code of Virginia, as amended, and Section 3.3.16 of the Town of Leesburg Zoning Ordinance, Loudoun County, Virginia. The Applicant agrees that approval of this Amendment to Concept Development Plan and Proffer Statement does not express or imply any waiver or modification of the laws, rules and regulation of the Town of Leesburg, including but not limited to, 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, Airport Commerce Park Proffer Statement February 21,2006 Revised through December 8, 2006 Page 6 development plans, and construction drawings for development on "the Property" are subject to the applicable Town regulations. The Applicant warrants that all of the owners of the Property have signed this Proffer Statement, that it has full authority to bind the Property to these conditions, and that it has voluntarily subjected the Property to these proffer conditions. THE NATIONAL INSTITUTE FOR AUTOMOTIVE SERVICE EXCELLENCE BY:~~ Name: Tim Zilke Title: Chief Operating Officer/Chief Financial Officer Airport Commerce Park Proffer Statement February 21,2006 Revised through December 8, 2006 Page 7 STATE OF VIRGINIA, COUNTY OF LOUDOUN, to-wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Tim Zilke, as Chief Operating Officer/Chief Financial Officer for The National Institute for Automotive Service Excellence, an entity organized under the laws of the District of Columbia, whose name is signed to the foregoing and hereunto annexed Proffer Statement, bearing date of December 8, 2006, has this day acknowledged the same before me in the jurisdiction aforesaid as the act and deed of said entity, and has made oath that the same was executed on behalf of said entity and by due authority of said entity. GIVEN under my hand this 23rd day of January, 2007. .....- .'/? -2 ~ -.-".-;., -- /" / ~.~_<- ~c ~ ,.. 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