HomeMy Public PortalAbout2014_01_28_O004 Approving TLZM 2010-0002 Lowes Home Improvement Center The Town of
Leesburg,
Virginia
PRESENTED: January 14, 2014
ORDINANCE NO. 2014-0-004 ADOPTED: January 28, 2014
AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT
TLZM 2010-0002, LOWE'S HOME IMPROVEMENT CENTER,
AMENDING ZM-129 LEESBURG AUTOPARK, AND REZONING
6.93 ACRES OF LAND FROM 1-1 TO B-3, THE PROPERTIES BEING
LOCATED NEAR THE INTERSECTION OF EAST MARKET STREET
(VA ROUTE 7) AND BATTLEFIELD PARKWAY.
WHEREAS, a Rezoning Application has been filed by Lowe's Home Centers Inc. for a
concept plan and proffer amendment to TLZM-129 Leesburg Autopark and to rezone 6.93 acres
zoned I-1, Research/Industrial Park to permit a 152,000 lumber and/or building materials store
with outdoor storage, 96,000 square feet of additional retail uses and a minimum of 36,000
square feet of office uses. The subject properties are identified as County of Loudoun parcel
identification numbers 149-45-7383 and 149-46-0836; and
WHEREAS, a duly advertised Planning Commission public hearing was opened on
October 17, 2013, and closed on December 19, 2013; and
WHEREAS, at their regular meeting on December 19, 2013,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 January 14, 2014; and
WHEREAS, 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:
-2-
AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT TLZM
2010-0002, LOWE'S HOME IMPROVEMENT CENTER, AMENDING
ZM-129 LEESBURG AUTOPARK,AND REZONING 6.93 ACRES OF
LAND FROM 1-1 TO B-3, THE PROPERTIES BEING LOCATED NEAR
THE INTERSECTION OF EAST MARKET STREET(VA ROUTE 7)
AND BATTLEFIELD PARKWAY.
SECTION 1. Rezoning Application TLZM 2010-0002, is hereby approved to amend the
Concept Plan and Proffers for TLZM-129 and to rezone 6.93 acres to the B-3 district, subject to
the proffers last dated January 14, 2014; and
SECTION 2. The properties shall be developed in substantial conformance with the
concept plan prepared by Freeland &Associates Inc. last revised August 16, 2013; and
SECTION 3. The properties shall be subject to proffered design guidelines dated January
2014.
SECTION 4. The following modification of the Town of Leesburg Zoning Ordinance
(TLZO) is hereby granted with the approval of Rezoning Application TLZM 2010-0002
1. Loading spaces are hereby reduced from five (5)to three (3) in accordance with
TLZO Sec. 11.9.
SECTION 5. 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 this ordinance.
SECTION 5. This ordinance shall be in effect upon its passage.
PASSED this 14th day of January 2014.
Iowa:4 _��+ts►� ('
.U stattd,Mayor
Town of Leesburg
ATI T:f'7
Clerk of Counci()
P:\Ordinances\2014\0128 TLZM 2010-0002 Lowe's.doc
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TLZM 2010-0002
PROFFERS
Page 1
PROFFER STATEMENT
REZONING # TLZM-2010-0002
LOWE'S HOME CENTERS, LLC
April 15, 2011
Revised April 19, 2013
Revised August 16, 2013
Revised December 12, 2013
Revised January 9, 2014
Lowe's Home Centers, LLC, a North Carolina limited liability company, formerly known as Lowe's
Home Centers, Inc., owner and applicant, (hereinafter,the "Applicant")of certain property described as
Loudoun County Tax Map Parcel 49-25-5 (PIN# 149-45-7383) and Loudoun County Tax Map Parcel 49-
5-A(PIN# 149-46-0836) (collectively the "Subject Property"), hereby voluntarily proffers, pursuant to
Section 15.2-2297 of the Code of Virginia(1950), as amended, and Section 3.3.16 of the Zoning
Ordinance of the Town of Leesburg, (hereinafter,the "Zoning Ordinance"),that in the event the Subject
Property is rezoned by the Leesburg Town Council to the B-3 Zoning District and as shown on the CDP
(defined below),the development of the Subject Property will be in substantial conformance with the
following proffered terms and conditions. Said proffered terms and conditions supersede the proffers of
ZMAP-269 and ZM-129. The Applicant, for themselves, their successors and assigns, agrees that these
proffers shall be binding on the future development of the Subject Property unless modified, waived or
rescinded in the future by the Town Council of Leesburg, Virginia, in accordance with applicable Town
and State statutory procedures. In the event that this Application (defined below) is denied,these Proffers
shall be immediately null and void and of no further force and effect, and the proffers accepted by the
Town Council with ZMAP-269 and ZM-129 will remain in effect.
I. SITE LAYOUT,USES AND PHASING
A. Concept Development Plan. The development of the Subject Property shall be in
substantial conformance with the Concept Development Plan (included by reference as
Exhibit A) hereby defined and identified as the "Rezoning/Special Exception Plan
Documents TLZM-2010-0002, TLSE-2010-0008, and TLSE-2012-0006 for Lowe's",
dated August 16, 2013, prepared by Freeland and Kauffman, Inc. and containing 20
sheets (the "CDP"). Development of the Subject Property shall be in substantial
conformance with the CDP, which shall control the use, layout, and configuration of the
Subject Property, with reasonable allowances to be made for engineering and design
alterations to meet Town Subdivision and Land Development Regulations, Town Zoning
TLZM 2010-0002
PROFFERS
Page 2
Ordinance Regulations, and the Town Design and Construction Standards Manual
("DCSM")requirements (collectively, the "Town Development Regulations").
B. Uses. The Subject Property may be developed with any uses permitted by right or by
special exception in the B-3 zoning district per the Zoning Ordinance, except:
1. Inn
2. Funeral Home
3. Conference Center
4. Freestanding Convenience Food Store
5. Vehicle and/or Equipment Service Facility
6. Vehicle Sales
7. Mini-Warehouse Facility
C. Layout. The Subject Property is divided into two parcels. Land Bay A (the "Eastern
Parcel") contains the Lowe's building (the "Store"), as shown on Sheet 5. The remaining
property is made up of four land bays: Land Bays B, C, D and E(the"Western Parcel").
D. Phasing.
1. Phase I. The Eastern Parcel will be developed in the first phase.
2. Phase II. The land bays comprising the Western Parcel may be developed in any
order after Phase I with a total of 120,000 square feet of non-residential
development, of which at least 36,000 square feet shall be office.
a. Phase II (A): Prior to the approval of zoning permits for more than
42,000 square feet of retail or non-office uses in the Western Parcel, the
Applicant shall have received zoning permits for 12,000 square feet of
office.
b. Phase II (B): Prior to the approval of zoning permits for more than a
cumulative 63,000 square feet of retail or non-office uses in the Western
Parcel, the Applicant shall have constructed at least 24,000 square feet of
TLZM 2010-0002
PROFFERS
Page 3
office uses and received zoning permits for at least 36,000 square feet of
office uses, which number shall include that which is already built.
II. TRANSPORTATION IMPROVEMENTS
A. Russell Branch Parkway
1. On Site Dedication. The Applicant shall dedicate, at no cost to the Town of
Leesburg(the "Town"), right of way along the Subject Property("On-Site Right
of Way") for a four-lane median divided section of Russell Branch Parkway in
the general location as shown on Sheet 5 of the CDP and shaded as "Lowe's
Property R.O.W. Dedication."
2. Off Site Dedication. The Applicant shall coordinate dedication, at no cost to the
Town, right of way along Parcel 149-36-6547 ("Hunter Trust Right of Way")to
accommodate a four-lane median divided section of Russell Branch Parkway in
the general location depicted on Sheet 5 of the CDP and shaded as "Hunter Lee
Center Property R.O.W. Dedication."
3. Construction. Subject to VDOT and Town approval and the Town's dedication
of land shown on Sheet 5 and labeled as "Town Property R.O.W. Dedication,"
the Applicant shall construct a four-lane, median divided section of Russell
Branch Parkway from the existing terminus of Russell Branch Parkway east of
Parcel 149-36-6547 to its planned intersection with Battlefield Parkway, as
shown on Sheet 5 ("Russell Branch Parkway Extended"). The Applicant shall
bond construction of Russell Branch Parkway Extended prior to the issuance of
the first zoning permit for the Store and complete construction of Russell
Branch Parkway Extended (meaning the roadway is open to traffic but not
necessarily accepted for maintenance by the Town) prior to issuance of the first
occupancy permit for the Store.
B. Traffic Signals
1. Russell Branch Parkway and Battlefield Parkway. The Applicant shall design
and bond the signal prior to the issuance of the first zoning permit on the
TLZM 2010-0002
PROFFERS
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Subject Property and shall construct and install the signal prior to the issuance
of the first occupancy permit for the Store.
2. Russell Branch Parkway and Road 1. The Applicant shall design and bond the
signal prior to the issuance of the first zoning permit on the Subject Property
and shall construct and install the signal prior to the issuance of the first
occupancy permit for the Store.
C. Internal Private Roads. The Applicant shall establish a grid network of streets through
the Western Parcel by constructing Roads IA, 1B, and 2A prior to issuance of the first
occupancy permit for the Store.
1. Road 1. The Applicant shall construct the full section of Road 1 (inclusive of
Road 1 A and Road 1B), as further described in Proffer III.A.1 below. Vehicular
connections to individual land bays is prohibited along Road 1.
2. Road 2. The Applicant shall construct Roads 2A and 2B, as shown on Sheet 7
of the CDP, and further described in Proffer III.A.2 and III.A.3 below.
3. Northern Drive Aisle. The Applicant shall complete construction of the
northern drive aisle, parallel to Route 7 as shown on Sheet 5 of the CDP, prior
to the issuance of the first occupancy permit for the Store.
4. Access Points. The Applicant shall limit access to the Subject Property to the
two access points from Russell Branch Parkway, all as shown on the CDP. The
Applicant shall complete construction of both access points prior to the issuance
of the first occupancy permit for the Store.
5. Meaning of Construct. For purposes of Proffer II.C, the term "complete
construction of' shall mean the road is open to traffic.
D. Off-Site Transportation Contribution. Due to the significant off-site transportation
improvements the Applicant is making, a value that exceeds the off-site transportation
contribution otherwise required, the Applicant shall be relieved of any Off-Site
Transportation contribution.
E. Town of Leesburg's Public Works Facility
TLZM 2010-0002
PROFFERS
Page 5
1. Off Site Dedication. The Applicant shall coordinate dedication, at no cost to the
Town, right of way along Parcel 149-36-6547 ("Hunter Trust Right of Way")to
accommodate a section of Keystone Drive with an ultimate width of 90 feet for
the first 100 feet south of Russell Branch Parkway then tapering along the curb
line in the general location depicted on Sheet 5 of the CDP and shaded as
"Hunter Lee Center Property R.O.W. Dedication."
2. Keystone Drive Public Works Entrance. Prior to the issuance of the first
occupancy permit for the Store, the Applicant shall construct an entrance to the
Town of Leesburg's Public Works Facility ("Public Works Facility") on Parcel
149-35-8258, from Keystone Drive as shown on Sheet 5 of the CDP.
3. Route 7/Keystone Intersection. Concurrent with the completion of Proffer
II.E.1 above, the Applicant shall close the existing entrance to Keystone Drive
off of Route 7 (the "Existing Entrance") and construct curb and gutter for the
Existing Entrance. Further, the Applicant shall extend the existing Route 7
median to close that former intersection at the same time, all as shown on the
Sheet 5 of the CDP.
4. Russell Branch Parkway Public Works Entrances. Concurrently with the
construction of Russell Branch Parkway, as described in Proffer II.A above, the
Applicant shall reconstruct the two entrances to the Public Works Facility along
Russell Branch Parkway, as shown on Sheet 8 of the CDP, which shall include
replacement of fencing, lighting or landscaping removed as part of the Russell
Branch Parkway construction.
5. Access Management. Access to the Town's Public Works and Wastewater
Treatment facilities will be maintained at all times during construction of
Russell Branch Parkway. Applicant with work with the Town during site plan
review to ensure access is not interrupted.
F. Interchange Reservation. Prior to the issuance of the first occupancy permit on the
Subject Property, the Applicant shall amend the existing Deed of Reservation (Inst
#20081211-0072064) relative to the reservation of land for future right-of-way (1.2919
TLZM 2010-0002
PROFFERS
Page 6
acres) along Route 7 and Battlefield Parkway as shown on the CDP to extend the current
expiration date of May 9, 2027 to January 1, 2034.
III. ARCHITECTURE & DESIGN
A. Streetscape.
1. Road 1. Prior to issuance of the first occupancy permit for the Store, the
Applicant shall construct Road 1 including curb, gutter, street trees and lighting,
as described below in Proffer IV.C, all as shown on Sheet 15 of the CDP.
Sidewalks, shown on Sheet 7 of the CDP, shall be installed prior to the issuance
of the first occupancy permit in the adjacent land bay, provided that a sidewalk
of a minimum 5 feet in width shall be constructed along the east side of Road
1 A prior to the issuance of the first occupancy permit for the Store.
2. Road 2A. Prior to issuance of the first occupancy permit for the Store, the
Applicant shall construct Road 2A including curb, gutter, street trees and
lighting, as described below in Proffer IV.C, all as shown on Sheet 15 of the
CDP. Sidewalks, shown on Sheet 7 of the CDP, shall be installed prior to the
issuance of the first occupancy permit in the adjacent land bay, provided that a
sidewalk of a minimum 5 feet in width shall be constructed along the south side
of Road 2A prior to the issuance of the first occupancy permit for the Store.
3. Road 2B. Prior to issuance of the first occupancy permit in Land Bay B or E, the
Applicant shall construct Road 2B including curb, gutter, street trees and
sidewalks, all as shown on Sheet 7 of the CDP. Street lights shall be installed
according to Proffer IV.0 below.
B. Urban Design and Architectural Guidelines. Development on Land Bays B through E
shall be in substantial conformance with the "Lowe's Home Center Inc.: Design
Guidelines for Phase II: Land Bays B through E" urban design and architectural
guidelines, dated August 16, 2013 and revised through December 12, 2013, (the
"Guidelines"). It is noted that the images contained within the Guidelines are illustrative
and the development of the Subject Property may not be in conformance with the exact
location of buildings, parking and other development elements shown on the examples.
TLZM 2010-0002
PROFFERS
Page 7
C. Eastern Parcel. In the future, should the Lowe's Store cease to operate at the Subject
Property and redevelopment occur on the Eastern Parcel, the Guidelines, referenced in
Proffer III.B above shall be amended to include and pertain to the Eastern Parcel prior to
or concurrent with any future legislative action necessary for development on the Eastern
Parcel.
D. Building Heights. Development on the Subject Property shall comply with Section
10.4.6 of the Zoning Ordinance. Notwithstanding the above, at least one-third of the
building footprints within the Western Parcel shall be multistory.
E. Development Minimums and Maximums. Every land bay within the Western Parcel
shall contain a minimum of one building. No individual retail tenant in the Western
Parcel shall be larger than 60,000 square feet,with a maximum footprint of 30,000 square
feet.
IV. ENVIRONMENT
A. Stormwater Management. The Applicant shall install stormwater management facilities
meeting the Town of Leesburg and Commonwealth of Virginia's standards.
B. Recycling. The Applicant shall recycle items such as cardboard boxes, wood pallets,
batteries and appliances. Recycling areas will be located inside the Store, stored in
trailers located and screened according to the CDP, or co-located with trash enclosures,
where the enclosures are appropriately sized to handle the variety of material collected.
Details on the enclosures for the Western Parcel are provided in the Design Guidelines.
C. Freestanding Lighting. The Applicant shall install the lighting as shown on Sheet 14 in
the locations shown on Sheet 13 of the CDP prior to issuance of the first occupancy
permit for the Store. All freestanding parking lot lighting on the Subject Property shall
have a maximum height of twenty-five feet (25') and shall have fixtures which direct
light downward and inward. All streetscape light poles shall be a maximum of fifteen
feet (15') in height and shall have fixtures which direct light downward and inward. All
lighting as described in this proffer, except for those lights located at the Russell Branch
Parkway entrance closest to the Store, will meet the lighting requirements of Section
12.11 of the Zoning Ordinance. The lights at the Russell Branch Parkway entrance
closest to the Store may reach levels of 0.7fc to ensure the entrance is safely lit. Parking
TLZM 2010-0002
PROFFERS
Page 8
lot lights for the Western Parcel shall be provided concurrently with the creation of the
parking lots they are meant to light. Street lights along both sides of Road 2B shall be
provided concurrently with development in the adjacent land bay.
D. Other Lighting. The Applicant shall utilize automatic controls which reduce lighting
levels to only that which is necessary for security purposes after operating hours.
Operating hours, for the purposes of this Proffer, are one hour before opening and two
hours after closing of the Store.
E. Interior Parking Lot Landscaping. The Applicant shall provide interior parking lot
landscaping for the Eastern Parcel as shown on Sheet 15 of the CDP prior to the issuance
of the first occupancy permit for the Store. Interior landscaping for the Western Parcel
shall be provided concurrently with the creation of the parking lots in which they will be
planted.
F. Peripheral Landscaping. Landscaping around the perimeter of the Subject Property and
along the south side of Russell Branch Parkway, all as shown on Sheets 15 and 16 of the
CDP, shall be provided prior to the issuance of the first occupancy permit for the Store.
G. Building Design. The following energy saving elements shall be incorporated into the
design of the Lowe's Store: white roof membrane, concrete paving adjacent to the
Garden Center and at the rear of the Store to reduce heat effect, low water usage urinals
and water closets to reduce water usage, automatic cut off lavatories to reduce water
usage, cistern to capture rain water from the garden center shade structure roofing, smart
irrigation system, LED perimeter lighting, fluorescent interior lighting, building
commissioning of the energy systems to ensure they are operating at optimum levels,
integrated lighting and HVAC systems to promote efficient energy usage, and occupant
sensors in offices with automatic cut offs.
V. MISCELLANEOUS
A. Fire and Rescue Contribution. Prior to the issuance of each zoning permit in each
Land Bay, the Applicant shall make a contribution of ten cents ($0.10) per gross
square foot of building area of that zoning permit in that Land Bay payable to the
Town of Leesburg for distribution to the fire and rescue companies providing
TLZM 2010-0002
PROFFERS
Page 9
service to the Subject Property. The contribution(s) shall be divided equally
between the primary servicing fire and rescue companies. Such contribution shall
be subject to an annual adjustment based on the Consumer Price Index for all
urban consumers (CPI-U), 1982-1984=100 (not seasonally adjusted) as published
by the Bureau of Labor Statistics, U.S. Department of Labor, Washington-DC-
MD-VA-WV with a base year of 2014. This adjustment shall take effect on
January 1, 2015 and shall be applied effective each January 1 thereafter.
B. Bike Racks. A minimum of two (2) bike racks shall be provided throughout the
Western Parcel and a minimum of one (1) bike rack shall be provided in the
Eastern Parcel. The design of the bike racks shall be in accordance with the
Design Guidelines and shall be provided at locations to be determined by the
Applicant at the time of the first site plan approved in each Land Bay.
SUCCESSORS AND ASSIGNS AND SIGNATORY AUTHORITY
The undersigned parties hereby warrant that all of the owners of a legal interest in the Property
have signed this Proffer Statement, that they possess full authority to bind the Property to these
conditions, and that the Proffers are entered into voluntarily. These proffers shall bind and inure to the
benefit of the Applicant and his/her successors and assigns.
[Signatures to follow on next page]
4 t
TLZM 2010-0002
PROFFERS
Page 10
Lowe's Home Centers,LLC
Owner of GPIN 149-45-7383 and GPIN 149-46-0836
By:
Name:
Title:
STATE OF
COUNTY OF ,to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
, as of Lowe's Home Centers, LLC, whose name is signed
to the foregoing, appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this day of ,2014.
My Commission Expires:
Notary Public
TLZM 2010-0002
PROFFERS
Lowe's Home Centers, LLC
Owner of GPIN 149-45-7383 and GPM 149-46-0836
By: �.
Name: ry Wyett
Title:
STATE OF AiWfj) OkEELrn
COUNTY OF W)L)4ES ,to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
Glary F. )■1 y,a ' . as Sr. )1,-,e,/ 1-e5iu e-rr)- of Lowe's Home Centers, LLC, whose name is signed
to the foregoing.appeared before me and personally acknowledged the same in my jurisdiction aforesaid.
GIVEN under my hand and seal this day of Tea , 2014.
7�
Tanya C. Benfield
My Commission Expires: Notary Public ■•-.!_ .)L•Surry County,NC Notary Public
ber 9,2016