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2012_02_14_O003 TLZM 2008-0005 Allman-StanfieldThe Town of Leesburg, Virginia PRESENTED: February 14, 2012 ORDINANCE NO. 2012 -0 -003 ADOPTED: February 14, 2012 AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT TLZM 2008 -0005, ALLMAN- STANFIELD, AMENDING ZM -101 TO ALLOW AN INCREASE IN DENSITY AND TO REVISE PROFFERS AND THE LAYOUT OF THE CONCEPT PLAN, FOR THE PROPERTIES LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF SOUTH KING STREET AND GREENWAY DRIVE. WHEREAS, application has been jointly filed by One Covenant LLC and the Stanfield Company LLC for a concept plan and proffer amendment to ZM -101, Greenway Manor; and WHEREAS, a duly advertised Planning Commission public hearing was held on December 1, 2011, a Work Session was held on December 15, 201, and the Public Hearing was closed on January 19, 2012; and WHEREAS, at their regular meeting of January 19, 2012 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 February 14, 2012; 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. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: -2- AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT TLZM 2008 -0005, ALLMAN- STANFIELD, AMENDING ZM -101 TO ALLOW AN INCREASE IN DENSITY AND TO REVISE PROFFERS AND THE LAYOUT OF THE CONCEPT PLAN, FOR THE PROPERTIES LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF SOUTH KING STREET AND GREENWAY DRIVE. SECTION I. TLZM- 2008 -0005, Allman- Stanfield, Concept Plan and Proffer Amendment is hereby approved subject to the proffers last dated February 14, 2012 which are attached hereto, and made a part hereof and incorporated by reference herein. SECTION II. All prior ordinances in conflict herewith are herby repealed.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 ordinance. PASSED this 14th day of February, 2012 C. I tattd, Mayor Town of Leesburg T a�L�� Clerk of it P:\0rdinances\2012 \0214 TLZM 2008 -0005 Allman- Stanfield.doc PROFFER STATEMENT DMAA — STANFIELD PROPERTIES.AT GREENWAY July 7, 2008 Revised through February 14, 2012 This application is submitted by Stanfield Company, LLC ( "Stanfield ") and ONE COVENANT, LLC ( "One Covenant "), who are hereinafter referred to jointly as "the Owners ". 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 Owners submit these Proffers (the "Proffers"), The property subject to this application consists of two parcels, one owned by Stanfield, which parcel is located at 1241 King Street, South, Leesburg, Virginia, and identified as Tax Map 47 ((13)) Parcel Al (PIN: 273- 39 -1389- 000) containing 5.8 acres (the "Southern Parcel "). The other parcel is owned by One Covenant, which parcel is identified as Tax Map 47 ((13)) Parcel A2C, (PIN: 273 -49- 2205 -000) containing 3.68 acres and is vacant and has no address assigned (the "Northern Parcel "). Together these parcels are hereinafter referred to as the "Property ". The Property is more particularly described on the concept plan entitled "Allman- Stanfield Properties at Greenway" prepared by Patton, Harris, Rust & Associates, dated July, 2009, which is attached hereto and made a part hereof as Attachment 1 (hereinafter referred to as the "Concept Plan "). On October 24, 1990, the Property was zoned to 13-1. The ordinance rezoning the Property, Ordinance No. 90 -0 -33 was adopted subject to the conditions voluntarily proffered by the property owner. Applicants now seek to replace the existing proffers as set forth herein. DMAA — Stanfield Properties at Greenway Amended Proffer Statement July 7, 2008 Revised through February 14, 2012 Page 2 On behalf of themselves, and their successors and assigns, Owners hereby proffer that if the Leesburg Town Council approves the Concept Plan and this Proffer Statement, the development of the Property shall substantially conform to and be subject to the following terms and conditions proffered herein. Said terms and conditions herein supersede any prior proffers that have been offered for any portion of the Property, including, without limitation, any proffers associated with Rezoning application flZM- 101 approved on October 24, 1990: 1. Prohibited Uses. The following uses listed in the use category "Residential Use" shall not be used or located on this property; Multi - family except for one one - bedroom apartment in the Manor House building. The following uses listed in the use category "Institutional and Community Service Uses" shall not be used or located on this property: Fire and/or rescue facility; and Parking structure, public. The following uses listed in the use category "Commercial Uses" shall not be used or located on this property: Lawn and garden supply with outdoor storage; service station; and Veterinary hospital. 2. Site Access. The access to the Property shall be provided as shown on the Concept Plan, except that the inclusion of an access to Meade Drive shall be voluntary except as hereinafter set forth: in the event either Owner submits a traffic impact analysis associated with a land development application whereby the Meade Drive connection is required to satisfy DCSM requirements for acceptable levels of service at the adjacent intersections to the Property, the Owners shall be responsible for the construction of the Meade Drive access, prior to the occupancy of any building associated with the submitted land development application. A. Route 15 Access. Owners shall construct the connection to Route 15 as shown on the Concept Plan prior to the issuance of the first occupancy permit for the any use on the Property. The Owners or their successors -in- interest acknowledge that no median crossover will be permitted if the midpoint access is DMAA — Stanfield Properties at Greenway Amended Proffer Statement July 7, 2008 Revised through February 14, 2012 Page 3 approved as shown on the Concept Plan. B. Meade Drive Access. In the event Meade Drive is constructed, then, (i) to mitigate the impact on the existing wetlands the connection to Meade Drive shall be built utilizing appropriate engineering techniques to bridge the wetlands area, and, (ii) it shall include a pedestrian access. C. Greenway Drive Access: Owners shall construct the connection to Greenway Drive as shown on the Concept Plan prior to the issuance of the first occupancy permit for any use on the Property in any new building. 3. Substantial Conformance Concept Plan. The Owners or their successors -in- interest shall develop the Property in substantial conformance with the Concept Plan. This Concept Plan shall control the layout and configuration of the Property, with reasonable allowances to be made for engineering and design alterations to meet Town zoning, subdivision and land development regulations, and the standards of the Board of Architectural Review. The Owners acknowledge that Concept Plan approval 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 the final site plan is subject to the applicable regulations except as modified and requested with this application. 4. Delivery Vehicles. The largest delivery vehicle allowed on the site will be SU -30. Trash pick up shall occur between the hours of 9:00 AM to 7:00 PM. Construction traffic and vehicles relating to construction shall be excluded from this proffer while the property is under development. 5. Church Use. Building C will be a 350 seat church sanctuary which will become a fellowship hall ancillary to the 450 seat church in Building B when it is constructed. 6. Public Safety. Owners or their successors -in- interest shall pay to the Town of Leesburg the sum of $0.30 per square foot of total building area as a one -time non - refundable contribution to the Leesburg fire and rescue companies, prior to the issuance of the applicable occupancy permit, allocated and to be made on a building -by- building basis. DMAA — Stanfield Properties at Greenway Amended Proffer Statement July 7, 2008 Revised through February 14, 2012 Page 4 7. Pedestrian Connection with Greenway and Linden Hill. In lieu of a standard sidewalk Owners or their successors -in- interest shall construct a ten -foot (10') wide asphalt pedestrian walkway varying in distance from the right -of -way, within the set back area along the South King Street (Route 1 S) property frontage (the "South King Street Trail "), a minimum of eight feet (8') from the travelway. Construction of the trail shall be bonded prior to approval of the first final site plan for the first new building to be constructed on the Property and shall be designed and constructed in accordance with Town standards. 8. Trail Reimbursement. Owners will reimburse the Town for the construction and design costs for the installation of the 10' wide South King Street Trail across the frontage of the property in the event the Town of Leesburg constructs the Trail prior to the approval of the first occupancy permit for the first new building on the Property. If the Town constructs the South King Street Trail, the Owners shall execute and deliver to the Town such necessary casements as are needed to support the construction and maintenance of the South King Street Trail, within twenty (20) days following presentation from the Town. 9. Installation of a Traffic Signal at the Northern Greenway Entrance. The Owners or their successors -in- interest shall contribute to the Town the cost of installing a traffic signal at the intersection of Greenway Drive and South King Street not to exceed the sum of Three Hundred Thousand Dollars ($300,000.00). This contribution shall be made prior to approval of the first occupancy permit for the first new building on the Property. In the event the traffic signal is installed by the Town, VDOT or others, before the event that would trigger payment by the Owners, Owners shall contribute the sum of $300,000.00 to the Town for use on transportation improvements elsewhere within the Town, prior to approval of the first occupancy permit for the first new building on the Property. 10. Greenway Median Improvements. The Owners shall construct the Greenway Drive improvements including the raised median depicted on Sheet 3 of the Concept Plan, as part of Phase I described on Sheet 17 of the Concept Plan. If constructed by others, the Owners or their successors -in- interest shall contribute to the Town the sum of Fifty Thousand Dollars ($50,000.00) for the Greenway Drive and median improvements. DMAA — Stanfield Properties at Greenway Amended Proffer Statement July 7, 2008 Revised through February 14, 2012 Page 5 11. Mechanical Equipment. All exterior mechanical equipment, including roof -top equipment, shall be screened from public view by appropriate architectural elements. 12. Lighting. The lighting fixtures shall be with IES Type III cut -off optics, or equivalent or superior fixtures. The pole heights are 16' and 10' with total mounting height of fixtures approximately 2' higher. Automatic control of lighting to reduce after -hours lighting levels will be installed and documented at the time of site plan submission. 13. Escalator Clause. All monetary contributions stated in these proffers shall be subject to adjustment at a rate equal to any fluctuations in the Consumer Price Index (CPI) from the date of final rezoning approval. 14. Invalidity. In the event any portion of these Proffers are subsequently determined to be illegal or unenforceable, the remaining Proffers shall continue in full force and effect. 15. Exclusion of Public Property From Proffers. Any portion of the Property which may hereafter be dedicated for public street purposes or utilities (or otherwise conveyed to a public entity) shall, upon such dedication, be excluded from the terms and conditions of these Proffers, and the remainder of the Property shall continue to be subject to the full force and effect of these Proffers. 16. Binding Effect. These Proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Owners. 17. Phasing. The Property may be developed in phases. Phasing of the development shall be in accordance with the Phasing Diagrams on the Concept Plan. Any individual building or modification to building may be constructed as its own, separate phase and may be constructed in any order or priority once all easements necessary to provide water, sewer and storm drainage utilities, and for access, for the mutual benefit of both parcels have been approved by the Town and recorded. However, any shared infrastructure shall be developed in accordance with the Phasing Exhibit depicted on Sheet 17 of the Concept Plan. Shared infrastructure shall include the payment for the traffic signal, the shared DMAA — Stanfield Properties at Greenway Amended Proffer Statement July 7, 2008 Revised through February 14, 2012 Page 6 access and travelways connecting Route 15 and Greenway Drive and South King Street Trail. 18. One Covenant Easements. One Covenant will grant reasonable utility access easements as may be required for the development of the Stanfield site at no cost to Stanfield. 19 Stanfield Easements. Stanfield will grant reasonable utility access easements as may be required for the development of the One Covenant site at no cost to One Covenant. 20. Severability, One Covenant is the owner of the property identified as Tax Map 47 ((13)) Parcel A2C, PIN 273 -49- 2205 -000 containing 3.68 acres, which has no address assigned and is referred to in this Proffer as the "Northern Parcel ". Stanfield is the owner of the property identified as Tax Map 47 ((13)) Parcel Al, PIN 273 -39 -1389 -000 containing 5.8 acres, also known as 1241 King Street, South, Leesburg, Virginia, referred to in this Proffer as the "Southern Parcel ". Following approval of these Proffers, and the completion of all transportation improvements (exclusive of the Meade Drive connection, but inclusive of the monetary contribution for the traffic signal), and the pedestrian trail, the Northern Parcel and the Southern Parcel shall exist independently of each other and shall be permitted to file and pursue independent land development applications, including without limitation, rezoning applications, without necessity of obtaining the consent of the other property owner. 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 Zoning Ordinance of Leesburg, Loudoun County, Virginia. DMAA — Stanfield Properties at Greenway Amended Proffer Statement July 7, 2008 Revised through February 14, 2012 Page 7 The Owners agree that approval of the Concept Plan and this Proffer Statement 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. The Owners warrant that all of the owners of the Property have signed this Proffer Statement, that they have full authority to bind the Property to these conditions, and that they have voluntarily subjected the Property to these proffer conditions. (SIGNATURES ON FOLLOWING PAGES) DMAA — Stanfield Properties at Greenway Amended Proffer Statement July 7, 2008 Revised through February 14, 2012 Page 8 ONE COVENANT, LLC 1 e: LDavid"Allinan Title: Manager and Member STATE OF VIRGINIA, COUNTY OF I.,OUDOUN, to -wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that David Allman, as Manager and Member for One Covenant, LLC, whose name is signed to the foregoing and hereunto annexed Proffer Statement, bearing date of July 7, 2008 and revised through February 14, 2012, has this day acknowledged the same before me in the jurisdiction aforesaid. GIVEN under my hand this 14x' �0 0kjiil ItIlI1jit {1 i REGSC[tATV 153716 ' Iv COMM. EXPIRES..' 1213112016 day of February, 2012. _.___....__._.. Notary Public DMAA — Stanfield Properties at Oreenway Amended Proffer Statement July 7, 2008 Revised through February 14, 2012 Page 9 THE STANFIELD COMPANY, LLC By: Name: G-?± _t nY_N_ �C_. . ........ _W , 3C .e_.\ , Title: t STATE OF VIRGINIA, COUNTY OF LOUDOUN, to -wit: I, the undersigned, a Notary Publli p in and for the jurisdiction aforesaid, do hereby certify that &C iv, Ottil, as �� e of The Stanfield Company, L.L.C., an entity or=aniz� under the laws Vf the Commonwealth of Virginia, whose name is signed to the foregoing and hereunto annexed Proffer Statement, bearing date of Qtu� / , 2012, has this day acknowledged the same before me in the jurisdicti 6n 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. C . f�i EN under my hand this ` {c ay of r4ra4l?'I2012. , �xvrrca r53ircS s � r �" Notary Public //"`1110 11 �ammission expires: Registration Number: