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HomeMy Public PortalAbout2014_08_12_O025 TLZM 2014-0004 Oaklawn at Stratford The Town of Leesburg, Virginia PRESENTED: August 12, 2014 ORDINANCE NO. 2014-0-025 ADOPTED: August 12, 2014 AN ORDINANCE: APPROVING TLZM 2014-0004 OAKLAWN AT STRATFORD, A CONCEPT PLAN AMENDMENT AND PROFFER AMENDMENT TO ADD LAND USES, MODIFY TRANSPORTATION PHASING, REALLOCATE PERMITTED USES AMONG VARIOUS LAND BAYS, AND AMEND THE PROFFER REQUIRING H-2 CORRIDOR DESIGN APPROVAL FOR DEVELOPMENT IN LAND BAY B WHEREAS, a Rezoning Application has been filed by Oaklawn, LLC to amend the concept plan and proffers of TLZM-2005-0002 to add land uses, modify transportation phasing, reallocate permitted uses among various Land Bays, and amend the proffer requiring H-2 Corrido Design approval for development in Land Bay B; and WHEREAS, a duly advertised Planning Commission public hearing was held on July 31, 2014 and continued to August 7, 2014; and WHEREAS, at their meeting on August 7, 2014, the Planning Commission recommended denial of this application to the Town Council; and WHEREAS,the Town Council held a duly advertised public hearing on this application or August 12, 2014; and WHEREAS,the Council has concluded that the approval of the application would be in th- public interest and in accordance with sound zoning and planning principles. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia: SECTION 1. Rezoning Application TLZM 2014-0004, for the property having the Loudoun County Parcel Identification Numbers (PINS) 233-38-8942, 233-39-6464, 233-39-6106, 233-30-2511, 233-30-1486, 233-30-4276, 233-29-0512, 233-29-6350, 233-29-9822, 233-20-0550. 233-20-3806, 233-19-8457, 233-10-1658, and 233-30-2941 is hereby approved subject to the proffers dated August 12, 2014; and -2- AN ORDINANCE: APPROVING TLZM 2014-0004 OAKLAWN AT STRATFORD, A CONCEPT PLAN AMENDMENT AND PROFFER AMENDMENT TO ADD LAND USES, MODIFY TRANSPORTATION PHASING, REALLOCATE PERMITTED USES AMONG VARIOUS LAND BAYS, AND AMEND THE PROFFER REQUIRING H-2 CORRIDOR DESIGN APPROVAL FOR DEVELOPMENT IN LAND BAY B SECTION 2. The property shall be developed in substantial conformance with the concept development plan prepared by Puculli, Simmons, and Associates dated August 5, 2014; and SECTION 3. 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 4. This ordinance shall be in effect upon its passage. PASSED this 12th day of August, 2014. '. • .U .tattd, ayor Town of Leesburg A Clerk of 6:37 -1 TLZM 2014-0004 Oaklawn at Stratford.docx ' i TLZM-2014-0004 PROFFER STATEMENT SUBMITTED BY OAKLAWN,LLC AND OAKLAWN DEVELOPMENT PARTNERS,LLC IN CONNECTION WITH APPROVAL BY THE TOWN OF LEESBURG OF A CONCEPT PLAN AMENDMENT AND PROFFER CONDITION AMENDMENT TO THE STRATFORD PRC AND PEC ZONING APPROVED IN REZONING APPLICATION#ZM-159 June 30, 2014 July 16,2014 July 23,2014 August 6, 2014 August 12, 2014 Pursuant to Section 15.2-2303 et seq. of the Code of Virginia (1950), as amended, and Section 3.3.16 of the Zoning Ordinance of the Town of Leesburg (hereinafter referred to as the "Zoning Ordinance"), Oaklawn, LLC, Oaklawn Development Partners, LLC, Oaklawn at Leesburg Owners Association and their successors in interest(hereinafter referred to as the "Applicant"), who constitute the applicant herein and fee simple owners of approximately 93.6 acres of land described as Loudoun County Tax Map Parcels PIN#s 233-38-8942,233-39-6464, 233-39-6106, 233-30-2511,' 233-30-1486, 233-30-4276, 233-29-6350, 233-29-9822, 233-20-0550, 233-20-3806, 233-19-8457, 233-10-1658, 233-30-2941and 233-29-0512 (collectively, the "Property") and who are seeking, approval by the Town of Leesburg (hereinafter referred to as the "Town") of a proffer condition amendment and concept plan amendment to the PRC and PEC zoning applicable to the Property as approved by the Town in Rezoning Application #ZM-159 (the "Rezoning"), hereby submit the following voluntary proffers which are contingent upon Town approval of this above-referencedl proffer condition amendment and concept plan amendment referenced herein as#TLZM-2014-0004. I.Land Use 1. Relationship to Prior Stratford Proffers The proffers and the amendments to Rezoning Application #ZM-159 proposed under TLZM- 2014-0004 do not apply to the portions of the Stratford Planned Residential Community that are not part of the Property nor do they apply to the residential lots within Oaklawn zoned PRC Mixed-Use Center. Additionally, the following parcels also remain subject to #ZM-159 and TLZM-2005-0002: 233-29-7610, 233-20-7049, 233-20-7427, 233-20-0977, 233-20-3672, and 233-19- 515 6. Further,these proffers and these amendments supersede all prior approved proffers that have previously governed the Property. The Stratford Proffers and Concept Plan previously accepted by the Town in Rezoning Application #ZM-95, as amended in, Rezoning Application #ZM-116, Rezoning Application #ZM-130, Rezoning Application. #ZM-138, Rezoning Application #ZM-161, and Rezoning Application #ZM-2002-05' Rezoning Application #ZM 2005-0002 are rescinded and superseded by the and rezoning plans set forth in thisRezoning Application#TLZM-2014-0004 for the - 1 - Property. 2. Concept Plan Development of the Property shall be in substantial conformance with Sheets 1 through 6 of the Rezoning/Concept Plan,prepared by Paciulli, Simmons and Associates and dated July 1,, 2014 and revised through August 12, 2014. The Rezoning/Concept Plan shall control the use, layout, and configuration of the Property, with reasonable allowances to be made for engineering and design alteration and to meet Town zoning, subdivision and land development regulations. 3. PRC Mixed-Use Center District The Applicant proffers that the development in Land Bays MUC 1,2 and 5 in the PRC Mixed Use Center district of the Property (including the Oaklawn parcels not subject to. this rezoning application) shall consist of a maximum of 109,000 square feet of nonresidential uses, which shall be broken down approximately as follows: 1.) Eating establishments (in land bay MUC 2)- up to a maximum of 30,000 square feet, 2.) Convenience retail and office uses (in Land Bays MUC 2 and/or MUC 5) shall not exceed a total of 30,000 square feet each. (These uses or any combination thereof als6 may locate as an alternative in Land Bay B located in the PEC District.) 3.) Service station with convenience food store and/or car wash(in Land Bay MUC 2) - up to a maximum of 5,000 square feet and eight fueling stations. (This use may locate as an alternative in Land Bay C located in the PEC District.) 4.) Park/open space—minimum 4.0 acres 4. PEC District The Applicant proffers that the amount of commercial development in the 101.9 ± acre PEC district of Oaklawn shall not exceed 1,440,500 square feet (or 1,500,500 square feet if the full 60,000 square referenced in proffer 1.3.2, above,locates in Land Bay B) (including the Oaklawn parcels not subject to this rezoning application) and shall be broken down approximately as follows: A. Permitted Uses -A maximum of 1,378,500 square feet (or 1,408,500 square feet if the office uses referenced in proffer 1.3.2, above, locates in Land Bay B) may be used for primary uses as follows: 1.) Business, professional and governmental offices (in land bays A and B) - up to 832,500 square feet. The Applicant may allocate this square footage between Land Bays A and B provided Land Bay A does not exceed a maximum of 600,000 square feet and Land Bay B does not exceed a maximum of 300,000 square feet and the combined total for Land Bays A and B does not exceed 832,000 square feet. In addition, Land Bay B may include light intensity industrial uses within its maximum permitted 300,000 square feet. 2.) Office, light intensity industrial uses including but not limited to flex-industrial space, data centers, storage and distribution and. light manufacturing and assembly (in Land Bays C and D)—up to 436,000 square feet. -2- 3.) Hotel/motel and conference center (in Land Bays A or B) - these uses may include up to 150 guest rooms along with restaurants, meeting rooms and similar uses interior to the hotel structure and/or a freestanding conference center. If the hotel, and/or motel and conference center uses are developed and exceed 110,000 square feet, then the maximum permitted office square footage, in the land bay where the hotel/motel and/or conference center uses are located will be reduced accordingly by amount of hotel/motel and/or conference center uses above 110,000 square feet. 4.) A recreational facility (in Land Bays A or B) —up to 120,000 square feet. The square footage developed for the recreational facility shall reduce the amount of office and light intensity industrial uses permitted in these land bays by an equivalent up to the maximum of 120,000 square feet. The recreational facility shall not include outdoor lighted playing fields. B. Support Uses - A maximum of 62,0 0 0 square feet (or 92,000 square feet if the retail uses referenced proffer 1.3.2, above, locates in Land Bay B)may be permitted as support uses as permitted in the PEC district under Section 8.6.3 and listed as follows: 1.)Eating establishments -up to 30,000 square feet in Land Bays A,C and D. 2.) Fast food eating establishments with drive-through window- up to 8,000 square feet in Land Bays C and D. 3.)Drive-through bank-up to 4,000 square feet in Land Bay C. 4.) Two service stations, each of which may include a convenience retail f o o d store and/or car wash facilities up to a m ax i m u m of 5,000 square feet and eight, fueling stations, with one located in Land Bay D and one located in Land Bay C. 5.) Stand-alone car wash facilities- up to 10,000 square feet in Land Bay C. 6.) Personal services 7.)Repair service establishments, excluding vehicle repair facilities that are not associated with the two service stations permitted in Land Bays C and D. 8.)Pharmacies,retail pharmacies 9.)Health clubs and spas II. Transportation 5. Right-of-Way Dedication The Applicant shall dedicate the following public road rights of way, which is the remaining right-of-way to be dedicated pursuant to the proffer statement from the#ZM-159 rezoning application: A. A 70-foot typical right-of-way section for Hope Parkway between the northern Property boundary and Miller Drive to the Town. B. A 90-foot typical right-of-way section of Hope Parkway between Miller Drive and Battlefield Parkway to the Town. Any permanent or temporary easements required by the Town's Sycolin Road CIP Project. All proffered right-of-way dedication is free and clear of all encumbrances with no reservations to the grantor. All proffered right-of-way dedication shall occur in accordance with the phasing plan specified in Proffer 10. Notwithstanding the Applicant's phasing plan, any of these proffered dedications shall be provided at any time upon written request of the Town and at no cost to the Town, provided the Town, TRIP II or others have approved -3- construction plans for the improvements to be constructed within the right-of-way. All proffered road dedications are typical sections and additional road dedication will be provided by the Applicant, at no cost to the Town and as required by the Town, to accommodate sidewalks, medians and turn lanes. 6. Acquisition of Off-Site Riebt-of Way The Applicant shall acquire any needed off-sight right-of-way not owned by the Applicant for the road improvements identified in Proffer 10 below, where possible. Where right-of- way and/or easements necessary for construction of proffered improvements cannot be obtained either i) voluntarily through donation or proffer to the Town; or ii) through purchase at fair market value by the Applicant, the Applicant shall request that the Town, upon written request to the Town Manager and Zoning Administrator, acquire such right- of-way and/or easements by appropriate eminent domain proceedings by the Town, with all costs associated with the eminent domain proceedings to be borne by the Applicant; including but not limited to land acquisition costs, in accordance with procedures established by Town. The initiation of such eminent domain proceedings is solely within the discretion of the Town. Should the Town refuse or fail to allow for its power of eminent domain to be used so as to allow for acquisition of this off-site right-of-way within six (6) months of the receipt of a written request from the Applicant, the Applicant shall provide a cash equivalent contribution of the land value of such right-of-way, the associated road improvements and land acquisition costs in an amount equivalent of two percent (2%) of the land value in fulfillment of these proffers. Should the Town choose to exercise its power of eminent domain and acquires the off-site right-of-way within nine (9) months of receipt of a written request from the Applicant, the Applicant will then construct the road improvements that required the off-site right-of-way. 7. Roadway Construction The Applicant shall design and construct Hope Parkway as shown on the Rezoning/Concept Plan in accordance with Town of Leesburg and Virginia Department of Transportation (VDOT) standards. This roadway will be constructed in accordance with the Phasing Plan contained in Proffer 10 at no cost to the Town, unless otherwise stipulated in the Agreement between the Town and the Applicant dated August 12, 2014, or as may be amended after this date by mutual agreement of the parties to the agreement (hereinafter, the "Agreement"). The roadway will be constructed as continuous extensions of public streets with no isolated segments constructed and will be designed to accommodate curb, gutter, sidewalks, medians, storm drains, turn lanes, and street lights in accord with Town ordinances in effect at the time of construction plan approval. All street improvements shall be provided in accordance 1 with the Town's Design and Construction Standards Manual (DCSM) standards. The Hope Parkway improvements will be constructed as follows: A four-lane divided typical road section from Battlefield Parkway to the intersection with Miller Drive, transitioning to a four-lane undivided road section north of Miller Drive to the Property boundary connecting with the existing Hope Parkway. The design for Hope Parkway shall insure that the connection to Battlefield Parkway is consistent with Town and VDOT standards. The Applicant shall construct the segment of Hope Parkway between Battlefield Parkway and Miller Drive at no cost to the Town, unless a cash equivalent contribution is provided pursuant to Proffer 11.10.E, below. The Applicant shall construct -4- the segment of Hope Parkway between Miller Drive and the existing terminus of Hope Parkway in the Stratford community or reimburse the Town for the costs of construction pursuant to the Agreement. 8. Signalization The Applicant's contributions to the traffic signals required to support the development shall be made in the percentages provided below. Where the percentage is identified as 1 00%,the Applicant shall have the obligation for the design and construction of the signal. All proffered traffic signal construction will be approved by the Town and constructed by the Applicant in accordance with the phasing plan in Proffer 10, if warrants are met, unless the Town constructs the signal for which the Applicant will reimburse the Town pursuant to the Agreement and/or Proffer II.10.E,below. Such signals shall include the design and installation of the signals at intersections with interim conditions (two lanes) and at the ultimate condition(four lanes). If warrants are not met by the time specified in the phasing plan, then the Applicant shall prepare the design for the signal for review and approval by the Town and shall provide a cash contribution for the cost of the signal at the time specified in the phasing plan. A. Battlefield Parkway and Hope Parkway 100% B. Hope Parkway/Miller Drive/Dulles Greenway ramp 100% 9.Timing of Proffered Transportation Improvements Proffer 10 below sets forth a phasing plan that specifies the road improvements that will be made during each phase of the development of Oak Lawn and that also specifies the level of development, which may occur during that phase. In addition, each of the phases set forth in Proffer 10 below specifies the land bay, the type of use and the maximum permitted square footage for each use that may develop during that phase. The transportation improvements specified in the phases are sequential and cannot be developed out of order; however the transportation improvements may be constructed in advance of the development they are intended to serve (e.g., Phase 2 road improvements may be constructed once Phase 1 road improvements are made even though the maximum Phase 1 development potential has not been achieved). In addition, land bay development may take place for any of the phases, once the transportation improvements for that phase and any prior phases have been made regardless of whether prior land bay development has occurred (e.g., Phase 2 development may occur once Phase 1 and Phase 2 road improvements are made, even if no Phase 1 land bay development has occurred). Land bay development may proceed once the transportation improvements for that phase have been constructed or bonded for construction, except as provided for in the Agreement. All proffered road improvements specified for each phase shall be approved by the Town and bonded for construction by the Applicant prior to Town approval of the first development plan or subdivision for any of the uses that the phasing plan specifies may be constructed during that phase. 10. Phasing The Applicant shall provide public street improvements in accordance with the following phasing plan. -s- A. Phase One 1) Phase 1. The road improvements listed in sub-paragraph a), below, have been completed as of the date of this proffer statement,which means that the all of the Phase I development listed in Paragraph 10.A.2 below may be constructed as of the date of this proffer statement. a) The Phase 1 improvements shall include construction of: (i) The northbound exit ramp of the Dulles Greenway/Battlefield Parkway interchange to Miller Drive/Hope Parkway. (ii) The southbound entrance ramp of the Dulles Greenway/ Battlefield Parkway interchange accessed in the interim from Tolbert Lane until such time as the Battlefield Parkway interchange is constructed by the owners of the Dulles Greenway. This entrance shall include right and left turn lanes on Tolbert Lane. (iii) Dedication of up to a maximum of 50 feet for a typical right-of- way section for Sycolin Road along the Oaklawn's frontage on Sycolin Road. (iv) The northern two-lane section of the four-lane divided Battlefield Parkway between Sycolin Road and Tolbert Lane or Battlefield Parkway interchange, if constructed or bonded for construction. Battlefield Parkway will make a full transition in accordance with the DCSM. A four-lane approach to the intersection with Sycolin Road shall be constructed if Battlefield Parkway at Sycolin Road on the east side of Sycolin Road is constructed as a four-lane section. (v) The traffic signal at Battlefield Parkway and Miller Drive. (vi) A contribution of 15% of the cost of the traffic signal at Tolbert Lane and Evergreen Mills Road. (vii) The traffic signal at Tolbert Lane and the Dulles Greenway southbound on- ramp. (viii)The four-lane undivided section of Miller Drive between Hope Parkway and Battlefield Parkway (ix) The four-lane undivided section of Miller Drive between Battlefield Parkway and Tolbert Lane (x) The southern two lanes of the four-lane divided section of Battlefield Parkway between Sycolin Road and Tolbert Lane or the Dulles Greenway/Battlefield Parkway interchange, if constructed by others. -6- i ' t i b) Phase 1 improvements shall include construction of: (i) Land Bay C: Up to 10,000 s.f. free-standing car wash Up to 4,000 s.f. fast food eating establishment with drive-through window Up to 10,000 s.f.eating establishment uses Up to 4,000 s.f bank with drive-through One service station with convenience retail food store and/or car wash up to a maximum of 5,000 s.f. and up to eight fueling stations Up to 15,000 s.f.retail pharmacy with drive-through window Any of the other support uses listed in proffer 4.B, above ii) Land Bay D: Up to 200,000 s.f. office and light intensity industrial uses Up to 4,000 s.f.fast food eating establishment with drive- through window One service station that may include a convenience retail food store and/or car wash up to a maximum of 5,000 s.f. and up to eight fueling stations but is not required to include these facilities Up to 10,000 s.f eating establishment uses Any of the other support uses listed in proffer 4.B, above iii) Land Bay MUC 1: Park—minimum of 4.0 acres iv) Land Bay MUC 2: Up to 30,000 s.f.eating establishment uses Up to 30,000 s.f. neighborhood, community or specialty retail uses Up to 30,000 s.f. office uses (The retail and/or office uses also may locate in Land Bays MUC 5 or B or any combination thereof.) Any of the other support uses listed in proffer 4.B,above (v) Land MUC 5: Up to 10,000 s.f.child care center B.Phase Two 1) Phase 2 a) Phase 2 improvements shall include construction of: (i) The traffic signal at Hope Parkway/Miller Drive/Dulles Greenway ramp. (ii) The four-lane undivided section of Hope Parkway between the -7- intersection of Miller Drive and the northern Property boundary connecting with the existing Hope Parkway section pursuant to the Agreement, also including the transition from Hope Parkway to Ramp A. b) The development that may occur once the Phase 2 roadway improvements are constructed or bonded for construction pursuant to the Agreement will include: (i) All of the Phase 1 development listed in Proffer 10.A.1.b, above (ii) Land Bay A: Up to 120,000 s.f. recreational facility (which also may locate alternatively in Land Bay B) Up to 110,000 s.f. hotel/motel/conference center use (which also may locate alternatively in Land Bay B) (iii) Land Bay B: Up to 300,000 s.f. office and light intensity industrial uses Convenience retail and office uses not exceeding a total of 30,000 square feet each(to the extent not located in Land Bays MUC 2 and/or MUC 5). (iv) Land Bay C: Up to 150,000 s.f. office and light intensity industrial uses 2) Interim Phase 2 a) Notwithstanding the improvements listed in Proffer II.10.A.1.a, above, and only if the Town fails to perform its obligations under the Agreement, the Applicant may construct the eastern two-lane section of Hope Parkway between Miller Drive and the Land Bay B entrance in order to provide road access to a Land Bay B user of no greater than 185,000 square feet without completing all of the Phase 2 improvements listed in Proffer II.10.B.1.a, above. b) If interim Phase 2 is implemented,then development of more than 185,000 square feet in Land Bay B shall proceed in accordance with Phases 2, 3 and 4 as listed in Proffer II.l0.B.l.a,above. If the Applicant fails to perform its obligations under the Agreement, Interim Phase 2 shall be an option for the Applicant only if the Town also fails to perform its obligations as set forth in Proffer II.10.B.2.a,above; otherwise, development shall proceed in accordance with Phases 2, 3 and 4 as listed in Proffer II.10.B.1.A, above. C. Phase Three 1) Phase 3 a) Phase 3 improvements shall include construction of: (i) A two-lane section of the four-lane divided Hope Parkway from Miller Drive to Battlefield Parkway. (ii) The traffic signal at Battlefield Parkway and Hope Parkway. b) The development that may occur once the Phase 3 roadway improvements are constructed or bonded for construction will include: (i) All of the Phase 1 and Phase 2 development listed in Proffers 10.A.1.b and 10.B.1.b, above (ii) Land Bay A: Up to 280,000 s.f office use Up to 10,000 s.f. eating establishment uses Land Bay C: Up to 86,000 s.f. office and light intensity industrial uses D. Phase 4 1) Phase 4 road improvements shall include construction of the remaining two lanes of the four-lane divided roadway section of Hope Parkway between Miller Drive and Battlefield Parkway. 2) The development that may occur once the Phase 4 roadway improvements are constructed or bonded for construction will include up to 300,000 s.f. of office uses. E. Cash Equivalent Contribution If the road improvements specified under Phases 3 and 4, above, are completed by others,the Applicant shall provide the cash equivalent contribution for the cost of providing these improvements, upon reaching the development thresholds specified in Phases 3 and 4, above. More specifically, prior to approval of the zoning permit for any of the development permitted under proffer 10.C.1.b (i) and (ii), above, and the road improvements specified under proffer 10.C.1.a (i) and (ii) have been constructed by the Town, the Applicant shall contribute the cash equivalent of the cost to construct those improvements to the Town in the amount of the contribution to be determined as evidenced by paid receipts or invoices or similar documentation for the costs incurred to construct such improvements. In addition, prior to approval of the zoning permit for any of the development permitted under proffer 10.D.2, above, and the road improvements specified under proffer 10.D.1, above, has been constructed by others, the Applicant shall contribute the cash equivalent of the cost to construct those improvements to the Town of Leesburg,the amount of the contribution to be determined as evidenced by paid receipts or invoices or similar documentation for the costs incurred to construct such improvements and as escalated according to the Consumer Price Index. The payment of this cash equivalent contribution as escalated shall be paid in two equal installments at one-year intervals from the date of the first payment. This proffer also shall apply to Phase 2 in the event Hope Parkway is constructed by others, but not under the terms of the Agreement. -9- III.Community Facilities 11. Fire/Rescue Contribution. The Applicant agrees that prior to obtaining each zoning permit for individual commercial and office buildings to be constructed on the Property, the Applicant shall pay the Town a one-time contribution in the sum of TEN CENTS ($0.10) per gross square foot of commercial and office development construction on the Property as a nonrefundable cash donation for the benefit of fire and rescue facilities providing service to the Property, which monies will be provided by the Town to fund fire and rescue services. Notwithstanding the above, no payments under this paragraph shall be required for any buildings to be devoted to uses such as non-profit owned buildings, non-profit day care facilities, religious buildings, fire and rescue facilities, library, post office, non-profit health care, or governmental service facilities. The obligation to provide this contribution shall cease at such time as the provision of fire and rescue services is no longer provided by predominantly volunteer organizations or as such time as a tax payment for these services is adopted by either the Town of Leesburg or County of Loudoun that is levied on the Property. This contribution shall be adjusted from the date of approval of this rezoning application at a rate equal to any fluctuations in the Consumer Price Index. 12. Pedestrian Network The Property shall be served by a pedestrian network as depicted on the Pedestrian Network Plan on Sheet 6 of 8 of the Rezoning/Concept Plan and as follows: A. Along Hope Parkway: Either an eight-foot wide asphalt trail or five-foot wide sidewalk shall be constructed on both sides of Hope Parkway to be determined in accordance with Section 7-710 of the DCSM at the time of the first site plan approval fronting Hope Parkway. B. Along roadways internal to land bays: Either an eight-foot wide asphalt trail or five-foot wide sidewalk shall be constructed along roadways internal to the land bays in the locations shown on the Pedestrian Network Plan on Sheet 5 of the Rezoning/Concept Plan. The type of sidewalk or trail will be determined in accordance with Section 7-710 of the DCSM at the time of the first preliminary development plan approval fronting these roadways in each land bay. C. Each sidewalk/trail segment will be constructed as part of the site plan for each land bay or portion of land bay with road frontage containing a portion of the pedestrian network. IV. Leesburg Municipal Airport 13. Runway Protection Zone The Applicant shall restrict the use of the area designated as the "Runway Protection Zone" ("RPZ") on the Rezoning/Concept Plan as follows: A.Within the Object Free Area and the Object Free Area Extension, as defined by the Federal Aviation Administration (FAA), there will be no development with the - 10- exception of driveways or roads accommodating moving vehicles and landscaping, provided that all species planted remain below any height limitations as proscribed by the FAA. B. Within the Controlled Activity Areas, as defined by the FAA, there shall be no development with the exception of roads, driveways, parking, sidewalks and related landscaping, provided that all species planted remain below any height limitations as proscribed by the FAA. C. The Applicant reserves the right to perform maintenance in this area (i.e.,mowing) as determined necessary by the Applicant. D.The Applicant understands that lighting within the Runway Protection Zone may be required for the installation of new runway landing guidance systems and agrees to permit the Town of Leesburg to install such lighting within the Runway Protection Zone as required by the FAA and agrees to adapt any on-site lighting to meet FAA requirements, if necessary. E. Should the Town of Leesburg in conjunction with the FAA alter its plans for a runway 3 landing guidance system that would result in a smaller Runway Protection Zone than that depicted on Sheet 4 of the Rezoning/Concept Plan, then the resulting land areas shall be considered to be part of the land bay in which they are located and may be developed in accord with the development program for that land bay. V. Other 14. Architectural Guidelines In order to ensure that development of Oaklawn at Stratford is in conformance with the criteria set forth in Section 8.2.F.2 of the Zoning Ordinance, development of the Property shall adhere to the Town of Leesburg H-2 Corridor Design Guidelines dated March 1, 1990 with review and approval of all structures in these land bays by the Town's Board of Architectural Review and with the right to appeal that Board's decision to the Town Council. In addition to demonstrating architectural conformance with the 11-2 Corridor Design Guidelines, all buildings shall screen rooftop mechanical equipment (i.e., HVAC units) from view from the public streets. Notwithstanding the foregoing, any development occurring in Land Bay B shall be excluded from review and approval by the Board of Architectural Review for which building elevations have been submitted concurrent with this rezoning application. The office building and production building of Oaklawn Land Bay B shall be developed in substantial conformance with sheets 1 through 5 of the elevations prepared by MGMA for Trammell Crow Company and Keane Enterprises and dated August 7,2014. 15. Special Uses In accordance with Section 8.6.4 of the Leesburg Zoning Ordinance, special exception approval is hereby granted in the PEC district for one drive-through lane associated with each of the two fast- food restaurants, and a car wash associated with an automobile - 11 - service station in Land Bay D. 16. Setback Areas The Rezoning/Concept Plan shows setback areas along public roads and Property boundaries on Sheet 4. These setback areas are intended to be primarily open space areas, and no building or parking areas shall be permitted within the setback area. Landscaping, as depicted on the Rezoning/Concept Plan, shall be the primary feature of the setback areas with sidewalks, trails, driveway crossings and utilities also permitted within the setback area. 17. Utilities The Applicant agrees to grant water line easements through Land Bay A upon written request of the Town at no cost to the Town at a mutually agreed upon location that does not interfere with the Applicant's ability to develop Land Bay A as set forth in this rezoning/concept plan application. The Applicant shall pay for costs associated with the relocation of any existing Town utilities that are necessitated by the development of the Property. The Applicant shall adhere to Town policies and regulations for on-site and off- site utility improvements required by the development of the Property. 18. Land Bays A and B Screening The Applicant shall provide buffer yards and screening where Land Bays A and B are located adjacent to the Stratford residential community as follows and as depicted on Sheets 4 and 6 of the Concept Plan, including the number, height and caliper of the plantings as shown on Sheet 6 of the Concept Plan: A. Modified Buffer #1: The buffer shall be 37.5 feet wide adjacent to light intensity industrial uses and 25 feet for other uses permitted to locate in Land Bay B. The screening shall consist of a six-foot high solid wooden fence such that a single row of plantings as shown on Sheet 6 of the Concept Plan can be planted on the outside of the fence facing the adjacent residential property. The landscaping shall be planted no more than three vertical feet below the adjacent curb elevation and of sufficient height at the time of planting sufficient to screen truck headlights serving the site. B. Modified Buffer#2: The buffer shall be 32 feet wide adjacent to light intensity industrial uses and 25 feet for other uses permitted to locate in Land Bay B. The screening shall consist of a six-foot high solid wooden fence located in the buffer yard such that a single row of plantings as shown on Sheet 6 of the Concept Plan can be planted on the outside of the fence facing the adjacent residential property. The landscaping shall be planted no more than three vertical feet below the adjacent curb elevation. C. Modified Buffer #3: The buffer shall be 15 feet wide and located between the curb and the retaining wall. The screening shall consist of a six-foot high solid wooden fence located in the buffer yard such that a single row of plantings as shown on Sheet 6 of the Concept Plan can be planted on the outside of the fence facing the adjacent residential property. The landscaping shall be planted no more than three vertical feet below the adjacent curb elevation. - 12- D. Modified Buffer #4: The buffer shall be 37.5 feet wide for light intensity industrial uses and 25 feet for other uses permitted to locate in Land Bay B. The screening shall consist of a four-foot high berm (measured from the adjacent curb elevation) planted with plantings as shown on Sheet 6 of the Concept Plan to screen parking and loading areas from off-site properties and to prevent headlights from shining into adjacent residences. E. Modified Buffer #5: The buffer shall be 25 feet wide, and the screening shall be an S3 screen as set forth in Section 12.8.6 of the Zoning Ordinance. 19. Light Intensity Industrial Uses in Land Bay B A. Land Bay B Use: In the event the light intensity industrial use depicted on the elevations referred to in proffer V.14, above, locates in Land Bays B, and any future expansion of this use, the use shall adhere to the following performance standards in addition to the requirements in the Zoning Ordinance and other applicable Town ordinances and the other commitments contained in these proffers: 1). Truck Traffic: a. Screening will be provided to screen any loading areas from view of public streets and property developed with residential dwellings. Such screening shall be installed so as to effectively mitigate truck headlights that could shine into residential dwellings. b. Signage shall be installed on the Land Bay B directing truck traffic to turn left onto Hope Parkway when exiting the property. c. Trucks classified by the American Association of State Highway and Transportation Officials (AASHTO) as Intermediate Semi-trailers WB-40 or greater in size may access Land Bay B only between the hours of 7 a.m. and 9 p.m. 2). Dumpster containers shall be screened using masonry materials which match the adjacent building materials and secured so as to mitigate odors and prevent rodent infiltration. 3). No dust, fumes or smoke above ambient levels may be detectable on adjacent properties, and no noxious odors shall be emitted beyond any boundary lines of the use. 4). The generator for the production building for the light intensity industrial use shall be located on the east side of the production building and enclosed using masonry solid masonry materials which match the production building materials. B. Future Land Bay B Use: Any future Land Bay B light intensity industrial use not addressed in proffer V.19.A, above, shall establish measures to mitigate noise, heavy truck traffic, odor, fumes, and other potential nuisances of such light intensity industrial use with such measures subject to the Zoning Administrator's reasonable determination of the sufficiency of the proposed measures to render potential nuisances unobjectionable pursuant to Town of Leesburg Zoning Ordinance Section 8.6.2. In no - 13- event shall a light intensity industrial use include any of the following uses: medium and heavy industrial uses such as basic industrial processing of raw materials, mining, asphalt or concrete plant, warehouses, distribution center, outdoor storage of materials, recycling businesses, solid waste transfer stations, container storage, oil or gas storage, and bulk waste. In addition, if such light intensity industrial uses are established in Land Bay B, signage shall be installed directing truck traffic exiting Land Bay B to turn left onto Hope Parkway, as applicable, in order to travel south on Hope Parkway away from the Stratford residential neighborhood. 20. Land Bay B Outdoor Lighting The outdoor lighting in Land Bay B shall be installed in substantial conformance with the attached exhibit prepared by MGMA and dated August 6, 2014. The light poles in the shaded area of Land Bay B denoted by the numeral "1" shall be a maximum of 20-feet tall, and • lighting levels shall be a maximum of 1.0 foot candles. The shaded area of Land Bay B denoted by the numeral"2," shall have maximum lighting levels of 5.0 foot candles. 21. Other Approval of this application TLZM-2014-0004 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, except as expressly approved in application TLZM-2014-0004, and all final plats, development plans, and construction plans shall remain subject to these applicable Town regulations. 22. Crosswalk on Hone Parkway at Stratford: A total of fifteen thousand dollars ($15,000) shall be contributed to the Town of Leesburg for a pedestrian crossing light at the intersection of Whipp Drive SE and Hope Parkway SE at the time of issuance of the first zoning permit for a structure in Land Bay B The undersigned Owners ofrecord of the Property, do hereby voluntarily proffer the conditions stated above,which conditions shall be binding onthe Owner, its successors and assigns,and all owners of any portions of the Property and shall have the effect specified in Section 15.2-2297, et seq. of the Code of Virginia(1950),as amended. (SIGNATURE PAGES TO FOLLOW) - 14- The undersigned Owners ofrecord of the Property, do hereby voluntarily proffer the conditions stated above,which conditions shall be binding on the Owner,its successors and assigns,and all owners of anyportions of the Property and shall have the effect specified in Section 15.2-2297, et seq. of the Code of Virginia(1950),as amended. Witness the following signatures and seals this t c — day off vitAck- , 2014. Oaklawn,LLC A Virginia limited liability company By: Keane Oaklawn Group,LLC. Its manager, a Virginia limited liability company By: Keane Oaklawn Mana er,LLC, Its manager, a ' a limited liability lompany By: t{ Name: SSZ��dtA,. - C ktte K Its: ka%kg,Q c' State of V 1 1 iI 1 q City/County of LOACId.c . To-wit: I, Ciu t54 i 1143 Kii-16 , a Notary Public in and for the State and County aforesaid, do hereby certify that g,c j vl 5. C.c [ten as IsAQACg e.r e.1 of Keane Oaklawn Manager,LLC,manager for Keane Oaklawn Grow,LLC,manager for Oaklawn,LLC has signed the foregoing writing,which is dated ,,scA'}' /.2. , 2014 and has this day acknowledged the same before me in the aforesaid State and County. -i 4'...4.-Given under my hand this i„,1 n day of f-�k,tS}.45T,2014. Notary Public My Commission Expires: .5 X31 .718` CHRISTINA KITTO `. 1�;"� p NOTARY PUBLIC A Rk GIST RATION+P 7024826 7: �J COMMONWEALTH OP VIRGfNIA .:ii., ;, MY"MAY EXPIRES a,} r MAY 31.2018 - 15- Oaklawn Development Partners,LLC A Virginia Limited Liability Company By: Keane Oaklawn Manager,LLC Its manager, a Virginia L. Liability Company By: Name: ti,, C`�aN J, ���h Its: E'' a r Ct P l< State of \Ir�' tA�� City/County of �.rJrt ddfl . To-wit: I, 011151'0Q K , a Notary Public in and for the Stat and County aforesaid, do hereby certify that r t q 'S, 11 In as lAV Q of Keane Oaklawn Manager,LLC,manager for Oaklawn Development Partners,LLC has signed the foregoing writing,which is dated Sf"/x,2014 and has this day acknowledged the same before me in the aforesai State and County. Given under my hand this I?'day of A 15. c !,2014. Notary •ubli My Commission Expires: 5-"'3('A)! ,;s�, r,N CHRISTINA MO NOTARY PUBLIC }; `• REGISTRATION#7026626 COMMONWEALTH Of VIRGINIA r MY COMMISSION EXPIRES MAY 31,2013 - 16- Oaklawn at Leesburg Owners Association,Inc. A Virginia Non-profit Corporation By: OrJ2-4 . Name: AAA 4e t,„/ � k u CL'4 Its: ?rtS sit art State of VViIcpaci City/County of LC ddrtn .To-wit: I, (1k: Si •ng 1<' T k , a Notary Public in and for the Sate and Cou ty aforesaid,do hereby certify that A/IA.74 9t cL7 , as �c e s;do,,,' of the Oaklawn at Leesburg Owners Association,Inc. has signed the foregoing writing, which is dated 14,454 St 1a-,2014 and has this day acknowledged the same before me in the aforesaid State and County. Given under my hand this /074-_day of At t_SKS1 ,2014. Maki Notary Pub is f��g` My Commission Expires: �j .-3f 1 CHRISTINA KITTO 14-114.,, NOTARY PUBLIC REGISTRATION*7026826 q COMMONWEALTH OF VIRGINIA ''-'..,,4, ...." MY COMMISSION EXPIRES MAY 31,2018 1 I I - 17-