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Home My Public Portal About2014_09_09_O026 TLZM 2013-0005 MacDowell Rezoning and Proffer Amend The Town of Leesburg, Virginia PRESENTED: September 9, 2014 ORDINANCE NO. 2014-0-026 ADOPTED: September 9, 2014 AN ORDINANCE: APPROVING TLZM 2013-0005 MACDOWELL,A REZONING OF 204 SOUTH STREET FROM RHD TO B-1 AND A PROFFER AMENDMENT TO #ZM-75, 203 ROYAL STREET WHEREAS, a Rezoning Application has been filed by Gordon MacDowell to rezone property at 204 South Street from RHD to B-1 to allow outdoor restaurant seating and office uses and to amend the approved proffers for rezoning#ZM-75 to utilize the parking spaces at 203 Royal Street for the restaurant and office uses; and WHEREAS, a duly advertised Planning Commission public hearing was held on June 16, 2014 and continued to July 17, 2014; and WHEREAS, at their meeting on September 4, 2014,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 September 9, 2014; 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: SECTION 1. Rezoning Application TLZM 2013-0005, for the property having the Loudoun County Parcel Identification Numbers (PINs) 231-28-9476 and 231-29-0382 is hereby approved subject to the proffers dated September 19, 2013, revised through September 5, 2014; and -2- AN ORDINANCE: APPROVING TLZM 2013-0005 MACDOWELL, A REZONING OF 204 SOUTH STREET FROM RHD TO B-1 AND A PROFFER AMENDMENT TO #ZM-75, 203 ROYAL STREET SECTION 2. The property shall be developed in substantial conformance with the concept development plan prepared by Mark Jeffries dated September 5, 2014 (4 pages); 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 9th day of September, 2014. .' rls n C. Umstattd,Mayor Town of Leesburg nA,TT' �) Clerk of Counci P:\Ordinances\2014\0909 TLZM-2013-0005 MacDowell.docx AMENDED PROFFER STATEMENT MACDOWELL REZONING September 19,2013 Revised through September 5,2014 This application is submitted by Gordon MacDowell hereafter referred to as the "Applicant". Pursuant to Section 15.2-2303 of the Code of Virginia, as amended, and Section 3.3.16 of the Zoning Ordinance of the Town of Leesburg, the Applicant submits these Proffers (the "Proffers"). The properties subject to this application are located at 204 South Street, SE and identified as Tax Map/48/A//37///1A (PIN: 231-28-9476-000) containing 0.19 acre and zoned RH-D. The second parcel located at 203 Royal Street, SE and identified as Tax Map 48/A//37///2A (PIN: 231-29-0382). The Property is zoned RHD but administered as Town B-1 with Proffers per ZM-1986-0075. Both of these properties are hereinafter referred to collectively as the "Property". The parcels described herein as "the Property" are depicted on the Plan entitled "MacDowell Rezoning TLZM 2013-0005" prepared by Mark W. Jeffries, P.E, dated September, 2013, and revised through September 5, 2014, hereinafter referred to as "the Concept Plan." Applicant now desires to replace the existing Proffers on the parcel at 203 Royal Street, SE and to proffer certain items in regard to the rezoning of the parcel at 204 South Street, SE. On behalf of himself, his successors and assigns, Applicant hereby proffers that if the Town of Leesburg Town Council approves the rezoning of the Property, and this l PROFFER STATEMENT MACDOWELL REZONING September 19, 2013 Revised through September 5,2014 Proffer Statement, the development of the Property shall substantially conform to and be subject to the following terms and conditions proffered herein. 1. The Applicant agrees to restrict nighttime customer parking on the subject property after its brewpub/restaurant closes by controlling access to the lot by signage, chaining and/or landscaping. These improvements shall be installed in a fashion agreeable to the Town and the Applicant. No parking shall be allowed in the parking lot at night after the business hours of the brewpub/restaurant. 2. The Applicant will provide on-site recycling to meet the needs of the proposed uses. 3. The Applicant will make a cash contribution to the Town for off-site transportation improvements in the amount of$7,852.00. In addition,the Applicant construct offsite brick sidewalk improvements along Harrison Street as shown on the concept plan in lieu of additional off-site transportation contributions. 4. Only the following uses will be permitted on the property: Brewpub, Eating establishment or Office. All other uses otherwise permitted in the B-1 Zoning District are hereby prohibited. The use of the building at 204 South Street shall be limited to office use. 5. At the time of the initial site plan submission,the Applicant shall submit a Tree Management Report consistent with the Town of Leesburg Design and Construction Standards Manual for the mature shade tree behind the proposed dumpster site at 203 Royal Street. Should the Management Report advise saving the tree the Applicant shall implement such measures to do so as identified in the Tree Management Report. 6. At the time of the initial site plan submission, the Applicant shall submit a Tree Management Report consistent with the Town of Leesburg Design and Construction. Standards Manual for the maple tree located west of the house at 204 South Street. Should the Management Report advise saving the tree the Applicant shall implement such measures to do so as identified in the Tree Management Report. 7. Applicant shall submit and diligently pursue a site plan to construct the sidewalk improvements as shown on the Concept Plan, Sheet 3, dated September 13, 2013 and revised through September 5, 2014, no later than four (4) months following 2 PROFFER STATEMENT MACDOWELL REZONING September 19,2013 Revised through September 5, 2014 approval of the rezoning application and shall construct such sidewalk improvements within one (1)year of site plan approval. 8. To control odors and pests associated with trash and waste oil the owner shall use best available and financially viable technologies for managing the trash collection containers and waste oil containers such as: a. Ensuring all trash is placed in commercial grade bags that are fully closed prior to being placed in collection containers. l b. Ensuring that any lids and/or doors on collection containers are always closed. c. Use_of a self-contained dumpster or other device for refuse collection to prevent leachate from reaching the dumpster pad. d. Immediate clean-up of any noticeable grease or waste spills onsite with appropriate disinfectant and odor control agents. e. If needed, a regular application of dumpster biodegradable odor-control granules,mists, or similar products. 1. Other appropriate technologies and measures that would result in the equivalent or better odor control than the measures listed above. 9. Applicant will install sand containment measures agreeable to the Town to prevent sand from escaping, washing or eroding onto sidewalks and into the storm drainage system. 10. Applicant will provide bollard or other lighting to and from restrooms. 11. Applicant will limit the height of all lighting fixtures to a maximum of twelve feet(12')and such fixtures shall be.shielded from adjoining residential properties. 12. Applicant will inform all patrons of the restaurant through various methods that parking in the Market Station parking lots and on rivate. ro ert on Ro 1 Street nroh� i, b�itedd. The methods shall include posted notices and signage in clearly visible locations inside and outside of the restaurant, reminders on its menus and in patron seating areas, a statement on its website and in other published advertising. 13. Applicant will encourage his patrons to park their vehicles in his parking lot, in the available on-street parking on Harrison Street and in the nearby County parking structure. The Applicant will consider offering valet parking during peak evening and weekend hours. 3 PROFFER STATEMENT MACDOWELL REZONING • September 19,2013 Revised through September 5,2014 14. Applicant will provide lighting in the parking lot at 203 Royal Street fully shielded from the adjoining residential properties. Applicant will provide signage discouraging noise and loitering and will have an employee of the brewpub/restaurant hourly patrol the parking lot to eliminate noise or other disturbances after 9:00 PM. 15. At time of initial site plan, Applicant will provide a lighting plan that meets Town requirements. 16. Applicant will provide signage and pavement striping to restrict parking in front of the property located at 205 Royal Street at the time of site plan approval. 17. Applicant will coordinate with the owner of 205 Royal Street during planning and construction of the solid wood fence on the Applicant's property including removal of the existing fence on 205 Royal Street at no cost to the owner of 205 Royal Street. 18. Applicant accepts the terms of sale of the vacated portion of the Harrison Street right-of-way as set forth in Ordinance 2014-0-022 adopted July 8, 2014. 19. Substantial Conformance Concept Plan. The Applicant, or his successors-in-interest, shall develop the Property in substantial conformance with the Plan entitled MacDowell Rezoning TLZM 2013-0005, Sheets 1-4, dated September 13, 2013, and revised through September 5, 2014. This Concept Plan shall control the use, layout and configuration of the Property, with reasonable allowances to be made for engineering and design alterations to meet Town zoning, subdivision and land development regulations, and the standards of the Board of Architectural Review. The Applicant acknowledge that the Concept Plan approval does not express or imply any waiver or modification of the requirements set forth in the Zoning Ordinance, except as specifically cited by ordinance section and paragraph in the motion for approval of this rezoning. 20. Public Safety. Applicant, or its successors-in-interest, shall pay to the Town of Leesburg the sum of$0.15 per square foot of total building area as a one-time non-refundable contribution to the Leesburg fire and rescue companies, prior to the issuance of the applicable occupancy permit, allocated and to be made on a building-by- building basis. 21. Escalator Clause. All monetary contributions stated in these proffers shall be subject to adjustment at a rate equal to any fluctuations in the Consumer Price Index(CPI)from the date of final rezoning approval. 4 PROFFER STATEMENT MACDOWELL REZONING September 19, 2013 Revised through September 5,2014 22. Invalidity. In the event any portions of these Proffers are subsequently determined to be illegal or unenforceable, the remaining Proffers shall continue in full force and effect. 23. Exclusion of Public Property From Proffers. Any portion of the Property which may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) shall, upon such dedication, be excluded from the terms and conditions of these Proffers, and the remainder of the Property shall continue to be subject to the full force and effect of these Proffers. 24. Binding Effect. These Proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. These Proffers shall affect the owner of the Property at the time each individual Proffer becomes effective. Unless a Proffer is in default, conveyance of the Property or Properties shall transfer the personal obligation for performance of the Proffers to the new owner. Miscellaneous These proffers are filed in accordance with Section 15.2-2303 of the Code of Virginia, as amended, and Section 3.3.16 of the Zoning Ordinance of Leesburg, Loudoun County,Virginia. The Applicant agrees that approval of the Concept Plan and this Proffer Statement does not express or imply any waiver or modification of the requirements set forth in the Subdivision and Land Development Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual, and that final plats, development plans, and construction drawings for development on the Property is subject to the applicable Town regulations. 5 PROFFER STATEMENT MACDOWELL REZONING September 19, 2013 Revised through September 5, 2014 The Applicant and owner of the Property has signed this Proffer Statement, that he has full authority to bind the Property to these conditions, and that he has voluntarily subjected the Property to these proffer conditions. (SIGNATURES ON FOLLOWING PAGES) 6 PROFFER STATEMENT MACDOWELL REZONING September 19, 2013 Revised through September 5,2014 By 7: 644 Name: ordon K. MacDowell, Owner STATE OF VIRGINIA, COUNTY OF LOUDOUN,to-wit: I,the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Gordon K. MacDowell, whose name is signed to the foregoing and hereunto annexed Proffer Statement, bearing date of September 19, 2013, and revised through, September 5, 2014, has this day acknowledged the same before me in the jurisdiction aforesaid. GIVEN under my hand this day of AA/Ya-("2.014. L No y t‘irriAlt-4•-' Public olkliflo,,,, i ,..N i My Commission expires: C ,f;'///4 / ■\ (?' .**'''''i,''.. k 'e is) •- . - I Registration Number: „2 f 1 247 z- i At_. M.,. :-- : com,issioN i = = 0. NUMBER :'4C• — •--: -;• ,.'• 291928 ,-......2.".:.- --;-,*•-•;'-. '.t.,..":? sAlcathy\my documentsMand use\rezoning\macdowell,gordon\proffer statement revised 2014 09 03.6e • - .- t\‘• 1 I I 1 7