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2012_06_26_O017 TLZM 2008-0004 134 Fort Evans RdThe Town of Leesburg, Virginia ORDINANCE NO. 2012 -0 -017 PRESENTED June 26, 2012 ADOPTED June 26, 2012 AN ORDINANCE: AMENDING TLZM- 2008 -0004 FORT EVANS ROAD, TO INCREASE BUILDING SQUARE FOOTAGE LOCATED ON THE PROPERTY IDENTIFIED AS PIN 188 -18 -6875, LOCATED AT 134 FORT EVANS ROAD. WHEREAS, rezoning application TLZM- 2012 -0002 has been filed by Fort Evans Road Developers LLC to amend TLZM 2008 -0004 by increasing the building square footage to a maximum of 8,400 square feet; and WHEREAS, a duly advertised Planning Commission public hearing was held on June 7, 2012; and WHEREAS, at the conclusion of the public hearing, 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 June 26, 2012; and WHEREAS, the staff recommends 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 that Rezoning TLZM- 2012 -0002 is approved subject to the proffers last dated June 21, 2012. PASSED this 26th day of June 2012. AT ML—, Clerk of Co cil P:\0rdinances\2012\ 6 TLZM- 2012- 0002.doc Uj6stattd, Mayor Town of Leesburg PROFFER STATEMENT Rezoning Concept Plan Amendment, TLZM 2012 - 0002,134 Fort Evans Road Record Owner: Fort Evans Road Developers LLC Property: MCPI #188 -18 -6875 0.77 acres Date: Jane 21, 2012 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, (hereinafter the "Town "), the undersigned, Fort Evans Road Developers LLC (hereinafter called the "Applicant "), is the owner.of 0.77 acres of.real property, zoned R -6, and that is described as Loudoun County MCPI Number 188 -18 -6875 (hereinafter called the "Property "), which is more particularly described on Sheet 3 of the Concept Plan described below. Applicant hereby proffers on behalf of itself and its successors and assigns, that if the Leesburg Town Council approves TLZM 2012 -0002, the Property shall be developed and used consistent with the following terms and conditions. Said terms and conditions supersede any prior proffers that have been offered for any portion of the Property and will be stated on the Concept Plan as described below. PROFFERS I. SUBSTANTIAL CONFORMANCE WITH CONCEPT PLAN, USE, AND DEVELOPMENT A. 0-1, General Office District. The Property to be rezoned to the 0 -1 District will be limited to non - residential uses that are designed to provide a transition from the commercial use to the east and the residential use to the west. Only the following uses listed in the 0-1 District as permitted or special exception uses may be developed: office; medical office and veterinary office with no overnight care or emergency care and to serve as an adjunct facility to the existing TLC facility at 165 Fort Evans Road. Applicant eliminates any allowed retail uses. The use of the Property is further limited by Section C.1 and C.2 herein. Any of the above- listed uses that require prior special exception approval may only be developed after obtaining special exception approval by Town Council. B. Substantial Conformance. Development of the Property will be in substantial conformance with Sheets 1 thru 4 of the Rezoning Concept Plan Amendment prepared by Dewberry & Davis LLC, dated February, 2008 and revised through June 21, 2012 (hereafter referred to as "Concept Plait "), which is attached hereto and made a part hereof as Exhibit A. Reasonable allowances shall be made for engineering and design alteration to meet Town Subdivision and Land Development Regulations, Town Zoning Ordinance Regulations and the Town Design and Construction Standards Manual ( "DCSM ") requirements (collectively the "Town Development Regulations "). C. Construction and Location of Concept Plan Elements. The following guidelines will guide development of the Property: I. Phase I: Applicant shall initially occupy the existing building, making any required site improvements to occupy the existing building. The uses shall be limited to office use only. Further expansion of the existing structure is expressly prohibited. There is no prohibition in allowing Applicant to proceed to Phase 1I. 2. Phase II: The Phase II building shall be limited to a maximum of 8,400 square feet, 900 of which shall be limited for veterinary medicine machinery. Site improvements shall be in substantial conformance to the Concept Plan. The permissible uses are as limited in Section A above. 3. Architectural Elements. The Phase II building will be designed to be compatible with the neighborhood character and similar to the building shown on the attached Exhibit B, in order to achieve a residential appearance. The Phase It building will include the following elements: a. A pitched roof, b. An entrance door on Fort Evans Road that shall have design details that enhance the appearance and prominence of the entrance so that it is recognizable, c. A front fagade containing a minimum of 10% glass and no more than 50% glass, d. A front fagade containing a masonry element, i.e. brick/stone watertable, e. A covered entry door on the rear elevation facing the existing residential dwellings. D. Building Heights. Building heights on the Property will be as shown on the Development Tabulations Table on Sheet #4 of the Concept Plan. The height limit will not exceed two (2) stories or twenty seven feet (27'). II. TRANSPORTATION. Applicant agrees to provide a $20,000 contribution for regional offsite transportation improvements, subject to an annual escalator based on the CPI for the Washington - Baltimore Metropolitan Statistical Area with a base year of 2009. This escalator shall take effect on January 1, 2010 and change each January 1 thereafter. III. FIRE AND RESCUE CONTRIBUTION. The Applicant agrees that prior to obtaining a zoning permit for Phase I or Phase II, which ever occurs first, the Applicant shall pay the Town a one -time contribution in the sum of four hundred $400 dollars, for the benefit of providing fire and rescue services to the Property. IV. 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 Zoning Ordinance. The Applicant agrees that approval of this rezoning amendment does not express or imply and 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. 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 they have full authority to bind the Property to these conditions, and that they have voluntarily subjected the Property to these proffer conditions. OWNER:: Fort Evans Road Developers LLC By: Title t0���1� /'Y�Il��J <',r Date STATE/COMMONWEALTH OF V 1 l 91'Q I A- CITY /COUNTY OF Logo0un ; to -wit: Before the undersigned, a Notary Public in and fpr the aforementioned sdiction personally appeared iJk�O�?1'Jill2te. 6 I1ttI(,(t, as Qnz ed )f Fort Evans Road Developers LLC, who acknowledged that he/she execute -the Proffers with the full power and authority to do so. IN WITNESS WHEREOF, I have affixed my hand and seal this. day of Tu nk 22009. Margaret BurVCker Commonwealth of Virginia Notary Public Notary Public „;. Commission No. 153704 My Commission Expires 7/3112014