HomeMy Public PortalAbout2010_11_09_O024 - TLZM 2010-0001 Leesburg CentralThe Town of
Leesburg,
Virginia
PRESENTED: November 9, 2010
ORDINANCE NO. 2010 -0 -024 ADOPTED: November 9, 2010
AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT
TLZM- 2010 -0001 LEESBURG CENTRAL, AMENDING
TLZM- 2003 -0006, TO ALLOW AN INCREASE IN DENSITY AND
PHASED DEVELOPMENT OF THE PROPERTY
WHEREAS, application has been filed by Sarks Investments Group LLC, for a concept
plan and proffer amendment to #TLZM- 2003 -0006 for Leesburg Central; and
WHEREAS, the "Property" consists of four parcels of land generally located at the
southeast quadrant of the intersection of Loudoun and Harrison Street and having the following
Loudoun County Parcel identification PIN numbers: 231 -39 -0411, 231 -39 -0909, 231 -39 -0103,
and 231 -39 -0103; and
WHEREAS, a duly advertised Planning Commission public hearing was held on
September 16, 2010; and
WHEREAS, at their regular meeting of September 16, 2010, 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 November 9, 2010; and
WHEREAS, staff recommended 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.
The Council of the Town of Leesburg in Virginia hereby ordains:
SECTION I. That the Concept Plan and Proffer Amendment TLZM 2010 -0001,
Leesburg Central, is hereby approved, subject to the proffers dated November 9, 2010.
AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT
TLZM- 2010 -0001 LEESBURG CENTRAL, AMENDING
TLZM- 2003 -0006, TO ALLOW AN INCREASE IN DENSITY AND
PHASED DEVELOPMENT OF THE PROPERTY
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. Severability. If a court of competent jurisdiction declares any provision
of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or
any remaining provisions of the Leesburg Town Code.
SECTION IV. This ordinance shall be effective upon its adoption.
PASSED this 9th day of November 2010.
Clerk of C ci1
P: \Ordinances\2010 \1109 TLZM 2010 -0002 Leesburg Central I 1 -3.doc
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C. mstattd, Mayor
Town of Leesburg
Page 1 of 3
#TLZM 2010 -0001 PROFFERS SUBMITTED BY SARKS INVESTMENT
GROUP LLC IN CONNECTION WITH APPROVAL BY THE TOWN OF
LEESBURG OF LEESBURG CENTRAL
(With revisions to February 27 2004)
Pursuant to Section 15.2- 2303(G) of the Virginia State Code, 1950 as amended
and Section 3.3.16 of the Zoning Ordinance of Town of Leesburg, Sarks
Investment Group LLC who is the Applicant herein and who is the owner of
approximately 0.77 acres of real property described as year 2003 Loudoun
County PIN's 231 -39 -0411, 201 E. Loudoun Street, 231 -29 -0596 part of 206
Royal Street S.E., 231 -29 -0797 part of 206 Royal Street S.E. part of 231 -39 -0909
(203 Loudoun Street), and 231 -39 -1408 (205 Loudoun Street), the six parcels
collectively referred to herein as the "Property" who is seeking approval by the
Town of Leesburg (the "Town of rezoning application #TLZM 2010 -0001,
hereby submit the following voluntarily proffers which are contingent upon Town
approval of said rezoning application.
1. Concept Plan: Development of the property shall be in substantial
conformance with the Rezoning Concept Plan prepared by A.S. R.
Consultants (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.
2. Bishop House: The 1309 sq -ft 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 on Royal Street but shall
have access, via a written ingress /egress easement to the common
parking lot on the Property and depict on the Rezoning Concept Plan.
3. Retail Fagade: The first floor of the 3 -story building fronting on Loudoun
and Harrison Streets shall exhibit a retail fagade treatment in accordance
with Historic District Guidelines with ultimate approval of the design by
Board of Architectural Review (Subject to Virginia law) as part of its
review.
4. Full frontage improvements Harrison /Loudoun Streets: Prior to the
issuance of the first Zoning permit for occupancy of Building "1" in Phase
"I full frontage improvements of the property's frontage along Loudoun
and Harrison Streets shall be constructed by the property owner at no cost
to the Town. Frontage improvements shall be considered to be but not
exclusive of the following: curb, gutter, brick sidewalk, street trees,
streetlights, and any necessary dedication of public right of way.
5. Full frontage improvements on Royal Street: Prior to the issuance of the
first Zoning permits for occupancy of Building "2" in Phase "II full frontage
improvements of the property's frontage along Royal Street shall be
constructed by the property owner at no cost to the Town. Frontage
improvements shall consist of the following: Two (2) Nine (9) foot travel
lanes with two (2) foot wide gutter pans, with curb on either side; a five (5)
foot brick sidewalk on the north side of the street; dedication of an
approximately seven (7) foot wide strip of the property along Royal street;
street trees, streetlights.
6. Cash Proffer For Offsite Transportation Improvements: Applicant has
satisfied the payment of $20,000.00 in July of 2007 towards the
approximately 22000 sq -ft of office space as a contribution toward the
future costs of offsite transportation improvements in the Town of
Leesburg, and Prior to the issuance of the Certificate of Occupancy for
Building "1" in Phase "1" shall pay an additional $2223.90 (Two Thousand
two hundred and twenty three dollars and ninety cents) towards the 2471
sq -ft additional office space, as a contribution toward the future costs of
offsite transportation improvements in the Town of Leesburg.
7. Uses Prohibited: Use of the property shall be limited to Office, with the
exception of the Bishop House, (see Proffer2), which shall only be used
for residential purposes. All other uses shall be prohibited.
8. Required extra parking: A total of 28 off -site parking spaces shall be
purchased via fee -in -lieu, per TLZO SECTION 11.4.3 prior to the issuance
of the first zoning permit for the occupancy of Building "1" in Phase "I
9. Required tree replacement: Prior to the issuance of the certificate of
occupancy for Building "2" in Phase "II the owner shall install two
replacement trees due to the loss of two public street trees during
relocation of existing Dominion Power utility poles and overhead wires.
The location of the two replacement trees shall be located along the
Harrison Street side of 204 South Street, as approved by the Town's
Urban Forester and Department of Public Works. The replacement trees
shall be single stem Paperbark Maple, Acer griseum.
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.
7-2)
S. Veen
behalf of Sarks Investment Group LLC., as applicant and property owner.
10110 Molecular Dr. Suite 217
Rockville, Md. 20850
The Property Owner's covered under this Rezoning and associated proffers
Consent and Agree to all of the proffers and terms stated herein as evidenced by
their sig re hereto:
San' -t S. Veen
Date Il i on' c1
Sworn and subscribed before me by Sanjeet S. Veen on the 9 day of
November 2010.
Date )"2—o 10