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Home My Public Portal About2010_05_11_O012 - TLZM 2008-0001 Cornerstone Chapel 001The Town of Leesburg, Virginia PRESENTED: Mav 11.2010 ORDINANCE NO. 2010-0-012 ADOPTED: Mav 11.2010 AN ORDINANCE: APPROVING REZONING APPLICATION TLZM 2008-0001 CORNERSTONE CHAPEL TO AMEND THE EXISTING PROFFERS AND CONCEPT PLAN FOR REZONING APPLICATION #ZM-98 TO REZONE THE PROPERTY FROM PEC, PLANNED EMPLOYMENT CENTER DISTRICT, TO B-3, COMMUNITY RETAIL WHEREAS, a Zoning Map Amendment (Rezoning) application with a concept development plan and proffers has been filed by Cornerstone Chapel, and is referred to as TLZM-2008-0001, Cornerstone Chapel; and WHEREAS, the subject property is located a[ the southeast quadrant of intersection of Battlefield Parkway and Sycolin Road, and is further described as Loudoun County Parcel Identi5cation Number (PIN) 190-26-2026; and WHEREAS, the subject property is currently 28.32 acres and is zoned PEC, Planned Employment Center District and is designated by the Town Plan as "Community Office" on the Land Use Policy Map; and WHEREAS, the effect of the zoning map amendment will rezone the subject property to B-3, Community RetaiUCommercial District; and WHEREAS, a duly advertised Planning Commission public hearing was held on March 18, 2010; and WHEREAS, at their regulaz meeting of March 18, 2010 the Planning Commission recommended conditional approval of this application to the Town Council; and WHEREAS, the Town Council held a duly advertised public hearing on [his application on May 11, 2010; and -2- AN ORDINANCE: APPROVING REZONING APPLICATION TLZM 2008-0001 CORNERSTONE CHAPEL TO AMEND THE EXISTING PROFFERS AND CONCEPT PLAN FOR REZONING APPLICATION #ZM-98 TO REZONE THE PROPERTY FROM PEC, PLANNED EMPLOYMENT CENTER DISTRICT, TO B3, COMMUNITY RETAIL WI IEREAS, staff recommended approval; and WI IEREAS, the Town Council has wncluded 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 V irginia hereby approves Zoning Map Amendment (Rezoning) TLZM 2008-0001, Comers[one Chapel, with Concept Development Plan and Proffers, dated May 7, 2010, to rezone the subject property from PEC to B-3. PASSED this ] la' day of Mav' 2010. 1 1 C. stattd, Mayor Town of Leesburg ATTEST: Clerk of Cou ci 0511 TLZM 2008-0001 Cmnersmne chapel Amending PmHCrs and Conapl Plan PROFFER STATEMENT CORNERSTONE CHAPEL TLZM 2008-0001 7 May 2010 Pursuant to Section 15.2 - 2298 of the Code of Virginia, as amended, and Section 3.3.16 of the Zoning Ordinance of the Town of Leesburg, the undersigned, Cornerstone Chapel, hereinafter referred to as the "Applicant," is the occupant and owner of Loudoun County Tax Map 48, ((12)) Pazcel 2 (MCPI #190-26-2026-000), 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, [hat if the Leesburg Town Counci] approves the Concept Development Plan and Proffer Statement, the development of the Property shall substantially conform and be subject to the following terms and conditions proffered herein. Said leans and conditions herein supersede any prior proffers that have been offered for any portion of the Property, including any proffers associated with rezoning application #ZM-98 approved on November 8, 1988 PROFFERS 1. Substantial Conformance. Development of the Property shall be in substantial conformance with the Concept Development Plan dated May 2, 2008 and revised through April 21, 2010 prepared by Patton, Hams, Rust & Associates (hereinafter identified as the "Concept Development Plan") and incorporated as Attachment 1 hereto, which shall control the use, layout and configuration of the Property, with reasonable allowances to be made for engineering and design alteration to meet Town zoning, subdivision and land development regulations. 2. Transportation. A. Transportation Management Plan. The Applicant has prepared and submitted a Traffic Impact Study dated November 13, 2009 and afollow-up memorandum dated January 8, 2010, wherein a traffic signal would be required to provide acceptable levels of service at the intersection of Beauregazd Drive and Battlefield Pazkway. In the build-out year of 2016, the Sunday peak hour warrant would be met requiring the installation of a traffic signal. Cornerstone Chapel Proffer Statement 7 May 2010 Page 2 The intersection would operate at acceptable levels of service during weekday am and pm peak hours. Therefore, prior to the release of occupancy pemut for any building located on the Property, the Applicant proffers to establish the below listed traffic management plan: Beauregard Drive and Battlefield Pazkway intersection Traffic Management Plan (TMP) Administration 1. Owner will seek approval of a TMP the by the Town of Leesburg's Traffic Engineer and Chief of Police; and 2. Any amendments to the TMP will require pre-approvals by the Town of Leesburg's Traffic Engineer and Chef of Police; and 3. A current and up to date copy of the TMP will be held on file with the Town of Leesburg's Town Clerk, Transportation Engineer, and Chief of Police. Applicability 1. The TMP applies to the intersection of Beauregard Drive and Battlefield Parkway; and 2. The TMP will be required for site related activities on Sundays, with the required hours established by the TMP; and 3. 1n the event weekday services are held, the TMP will be required as established in the TMP. Trigger The TMP shall be required to be implemented a[ the time an Occupancy Permit for the main sanctuary building in Phase II as shown on the Concept Development Plan has been issued. Bnforcement The Owner is required to provide, at its cost, any accredited/certified persons or services required to implement the adopted TMP. If in the event the Owner fails to provide traffic management in accord with the TMP for two consecutive weeks, or has failed to provide Cornerstone Chapel Proffer Statement 7 May 2010 Page 3 traffic management in accord with the TMP for four weeks in any 12 month period, then, after notice from the Town Zoning Administrator, the Owner will be required to take the following corrective actions within six (6) months from the date of such notice. 1. Pay to the Town, upon demand, [he full cost of the purchase and installation of a traffic signal at the intersection of Beauregazd Drive and Battlefield Parkway; or, at Owner's option, Owner shall at its own expense design and install a traffic signal at [he intersection of Beauregazd Drive and Battlefield Parkway; and 2. Reimburse the Town of Leesburg for the costs related to personnel and services needed to implement the TMP until such time as the above-mentioned traffic signal is installed and operational. B. The Applicant has already dedicated the righLOf--way for Phases 1 and 2 widening of Sycolin Road and Battlefield Parkway. As part of this application, the Applicant will dedicate additional right-of-way for the wnstruction of the eastbound Battlefield Parkway tum lane as identified on the Concept Development Plan approved in association with TLZM-2008-0001. C. Applicant agrees to wnstmct the tum lane improvements on Battlefield Parkway (eastbound and westbound turn lanes) with its Phase 1 construction substantially similaz to those identified on [he Concept Development Plan approved in association with TLZM-2008-0001. D. The roundabout signage shown on Sheet 12 of the Concept Development Plan shall comply with the standazds of the Manual on Uniform Traffic Control Devices (MUTCD). 3. Fire and Rescue Contribution. The Applicant shall donate a sum equal to ten cents ($.10) per gross 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 permit approval for such development. Until issuance of zoning permits, the amount of such contri- butions shall increase or decrease a[ [he same rate as the Construction Cost Index published in Cornerstone Chapel Proffer Statement 7 May 2010 Page 4 the Engineering News Record with the base line index being that which is published in the month of approval of TLZM 2008-0001 4. Architecture & Desien. The Applicant proffers the following conditions as part of the approval of TLZM 2008-0001 a) Lighting poles will be a maximum 25' in height including the pole base and 16' including the pole base at the periphery of the lot on Sycolin Road and Battlefield Pazkway. b) The use of full cut-off light fixtures, in conformance with TLZO Sec 12.11, will be used throughout the site. Fixtures used for azchitectural enhancement or for aesthetic purposes will be provided as down-lighting only. A percentage of no less than 35% of pazking lot lighting will be either fumed off or dimmed to at least 50% of its lighting capacity after 10:00 pm. c) Applicant proffers the HHA Architects elevation sheets A01, A02, A03, A4, A5, A6, A7, AS, A9, A1Q, All and A12 dated November 2009 and will construct the buildings in substantial conformance with these details. d) Applicant proffers the following finish materials referenced on HHA sheets A01-A03, A4 thm A72: i. Horizontal siding will be natural cedar or fibercement board. ii. Stone will be natural building stone, stone veneer or synthetic stone veneer. iii. Aluminum windows with 1" insulating glass units of the general configuration and profiles shown. iv. Roofing shall wnsist of membrane roofing at horizontal surfaces, prefinished standing seam and azchitectural asphalt shingles at gabled roofs. v. Exterior insulated finish system or cemenfitious smcw. e) Retaining walls illustrated on Sheet 5 of the Concept Development Plan will Cornerstone Chapel Proffer Statement 7 May 2010 Page 5 be natural or synthetic stone faced walls or constructed of building stone. 5. Tree Save Areas. Within the azeas identified on the Concept Development Plan as "Tree Save Area", the Applicant shall not disturb healthy trees provided, however, that trees may be removed to the extent necessary for the construction of utilities and trails, and stormwater management facilities that are requred pursuant [o the approved construction drawings for the Property. A minhnum of eighty (80) percent of the canopy within the cumulative Tree Save Areas depicted on the Concept Development Plan shall remain undisturbed. The area of canopy within the Tree Save Area shall be calculated based on the diameter inch of all trees four (4) inches in diameter or greater at four and a half feet (4.5') above ground level located within the proposed Tree Save Area. The boundaries of the Tree Save Areas depicted on the Concept Development Plan shall be delineated on the site plan and any record plat recorded for the Property. The record plat for the Property shall contain a note stating that the removal of trees within a Tree Save Area is prohibited, except as permitted under this Proffer Statement. Accordingly, the site plan shall include a provision that states that the removal of trees will be allowed when necessary to accommodate forest management techniques, performed by or recommended by a professional forester or certified azborist. Such forest management techniques may include, without limitation, pruning and the removal of vines, invasive species, trees uprooted or damaged by extreme weather conditions, and trees or limbs that aze diseased, insect-infested, dead, or aze considered a hazard to life or property. The note shall state that such provisions governing tree removal shall not be amended by the owner without written approval from the Town. 6. Miscellaneous. These proffers are filed in accordance with Section 15.2-2298 of the Code of Virginia, as amended, and Section 3.3.16 of the Town of Leesburg Zoning Ordinance, Loudoun County, Virginia. Cornerstone Chapel Proffer Statement 7 May 2010 Page 6 7. Phasine. Phasing and timing of improvements for the project is illustrated on sheet 10. Phase 1 consists of the private drive traversing the Property, the Phase 1 building, turn lanes on Battlefield Pazkway, street trees, connecting sidewalks along the main drive and storm water management pond. Phase 2 consists of the lazger sanctuary and connecting lobby. It will be wnstructed at such time that church growth warrants the expansion. With Phase 2, additional parking areas shown in the Phase 2 area, including the alternative parking surface (or asphalt if the ordinances aze not amended to allow alternative surfaces by the time of site plan submission). Future phases are phases beyond Phase 2 and include the Chapel, Family Life Center, Administration Building and Pazsonage Cabins. One or all of these buildings would be constructed following Phase 2 whenever growth of the church warranted such expansion. Elements of phases (buildings or features) beyond Phase 1 improvements may be constructed provided that al] required buffers, pazking and required site improvements necessary for such features are constructed in advance or concurrently and in accordance with the Concept Development Plan. 8. Buffer Yazds and Saeenine. Due to the phasing of the Concept Development Plan, Applicant is permitted phased installation of the required buffer yazds as defined in TLZO Section 12.8 and further identiSed on Sheet 4 of the Concept Development Plan. Required screening of perimeter pazking lot landscaping shall occur with the construction of each parking facility. a) The installation of the required buffer yard plant material for Buffer Yazd # 1 shall occur with any construction related activity for the Family Life Center or the pazking field located directly in front of the Family Life Center. The installation of the buffer yard plant material for Buffer Yazd # 2 will occur in Phase 1 construction in order to provide under canopy screening along [he residential properties on the eastern property line. The installation of buffer yazd plant material for Buffer Yard # 3 shall occur with any constmction related activity for the Administration Buildings or Pazsonage Cabins. The installation of the required buffer yard plant Cornerstone Chapel Proffer Statement 7 May 2010 Page 7 material for Buffer Yard # 4 shall occur with any construction related activity for the Parsonage Cabins or Storage Building. The installation of the required buffer yard plant material for Buffer Yard # 5 shall occur with constmction of the Chapel, Administration Buildings, Parsonage Cabins or Storage Building or pazMng adjacent to this yazd buffer. b) The Applicant agrees that any perimeter lot landscaping which is installed within private easements will be maintained by the Applicant at its sole expense. The Applicant will replace any plantings that have died or been removed within private easements within six months of disturbance. 9. Cabin Construction. Applicant will construct the Parsonage Cabins (noted as a Future Phase) using low impact wnstruction techniques - no construction motorized equipment will be used for erection of the Parsonage Cabins and the buildings will be built up within S of existing trees to maintain the rustic setting of this portion of the site. The Applicant agrees that approval of this Concept Development Plan and Proffer Statement does not express or imply any waiver or modification of the laws, rules and regulations 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 Conshvction Standards Manual, and that final plats, 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 wnditions. Cornerstone Chapel Proffer Statement 7 May 2010 Page 8 CORNERSTONE ~C/HAPEL~~ ~ ~~ Name: ~iR~Ry -S• /}lf.K~/C.~ Title: .S'Q• Pf}Srnle STATE OF VIRGINIA, COUNTY OF LOUDOUN, to-wit: I the undersigned, a Notary Public in and for the~J',urisdiction aforesaid, do hereby certify that ~,~ y`. rl~...~;~E as fin. ~4.74,n for Comerstone Chapel, entity organized under [he laws of the Commonwealth of Virginia, whose name is sign d to the foregoing and hereunto annexed Proffer Statement, bearing date of ? 2010, has this day acknowledged the same before me th the jurisdiction a or aid 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. ~/ GNEN under my hand this ~/a~~day/off /7<~ , 2010. Notary P lic My Commission Expires: 5 --~~ do /2 Notary Registration No.: / S JaVo p~uuuu~ry ~ELYN gG2, A oT s ;,/ ~~s°s'Ri- v< '~° 'm = a= ~i ~2 yaF....--~~P :~ qin i~ftG t J`~~