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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 All prior ordinances in conflict herewith are hereby repealed.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 2 WW1 f■ 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