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
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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
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TLZM 2014-0004 Oaklawn at Stratford.docx
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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)
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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
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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
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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
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