HomeMy Public PortalAbout2015_08_11_O015 TLZM 2015-0001 Poet's Walk The Town of
Leesburg,
irginia
PRESENTED: August 11, 2015
ORDINANCE NO. 2015-0-015 ADOPTED: August 11, 2015
AN ORDINANCE: APPROVING TLZM 2015-0001 POET'S WALK, A CONCEPT PLAN
AMENDMENT AND PROFFER AMENDMENT TO ALLOW
DEVELOPMENT OF A 38,000 SQUARE FOOT NURSING HOME IN
OAKLAWN LAND BAY MUC2
WHEREAS, a Rezoning Application has been filed by Leesburg Senior Real Estate LLC
to amend the concept plan and proffers of TLZM-2014-0004 to allow a 38,000 square foot
nursing home in Oaklawn Land Bay MUC2 on land identified as Loudoun County Parcel
Identification Numbers (PIN) 233-30-2511, 233-30-4276, and 233-30-1486; and
WHEREAS, a duly advertised Planning Commission public hearing was held on July 16,
2015; and
WHEREAS, at that meeting, 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 July 28, 2015; and
WHEREAS, staff recommended approval; and
WHEREAS, the Council has concluded that the approval of the application would be in
the public interest and in accordance with sound zoning and planning principles.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia:
SECTION 1. Rezoning Application TLZM 2015-0001, for the property having the
Loudoun County Parcel Identification Numbers (PIN) 233-30-2511, 233-30-4276, and 233-30-
1486, is hereby approved subject to the proffers dated July 31, 2015; and
-2-
AN ORDINANCE: APPROVING TLZM 2015-0001 POET'S WALK,A CONCEPT PLAN
AMENDMENT AND PROFFER AMENDMENT TO ALLOW
DEVELOPMENT OF A 38,000 SQUARE FOOT NURSING HOME IN
OAKLAWN LAND BAY MUC2
SECTION 2. The property shall be developed in substantial conformance with the
concept development plan prepared by Puciulli, Simmons, and Associates dated January 23,
2015 and revised through June 5, 2015; 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 11th day of August.,2015.
111Pri
Ifftri N.0+-AtilW
'i
• .U stattd,Mayor
Town of Leesburg
ATTEST:
it
Clerk of Coun
P:\Resolutions\2015\0811 TLZM 2015-0001 Poet's Walk.doc
TLZM-2015-0001 PROFFER STATEMENT
SUBMITTED BY
Leesburg Senior Real Estate,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
February 2,2015
Revised April 10,2015
Revised June 12, 2015
Revised July 17, 2015
Revised July 31, 2015
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"), Leesburg Senior Real Estate, LLC and Oaklawn, LLC and their successors in
interest (hereinafter referred to as the "Applicant"), who constitute the applicant herein and fee
simple owner, respectively, of approximately 8.7 acres of land described as Loudoun County Tax
Map Parcels PIN# 233-30-2511, 233-30-1486 and 233-30-4276 (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 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-
referenced proffer condition amendment and concept plan amendment referenced herein as #TLZM-
2015-0001.
I. Land Use
1. Relationship to Prior Stratford Proffers
The following parcels that were included in the original Stratford rezoning remain subject
to #ZM-159 and TLZM-2005-0002: Loudoun County Parcel Identification Numbers (PIN
##) 233-29-7610, 233-20-7049, 233-20-7427, 233-20-0977, 233-20-3672, and 233-19-
5156. Additionally, the following parcels remain subject to TLZM-2014-0004: PIN## 233-
38-8942, 233-39-6464, 233-39-6106, 233-29-6350, 233-29-9822, 233-20-0550, 233-20-3806,
233-19-8457, 233-10-1658, 233-30-2941and 233-29-0512. 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,
Rezoning Application #ZM-2002-05, Rezoning Application #Z M 200 5 -0 0 0 2
and Rezoning Application TLZM-2014-0004 are rescinded and superseded
by the proffers and rezoning plans set forth in this Rezoning Application #TLZM-2015-0001
for the Property.
Proffer Statement
July 31,2015
2. Concept Plan
Development of the Property shall be in substantial conformance with Sheets 1 through 9 of
the Rezoning/Concept Plan, prepared by Paciulli, Simmons and Associates and dated
January 23, 2015 and revised through June 5, 2015. 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 145,500 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 28,500 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 also
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
5.)Nursing home—up to a maximum of 38,000 square feet.
II. Transportation
4. Timing of Proffered Transportation Improvements
Proffer 5below 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 5 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.
-2-
Proffer Statement
July 31,2015
5. Phasing
The Applicant shall provide public street improvements in accordance with the following phasing
plan,which is continued from the proffers for TLZM-2014-0004 . All of the permitted Land Bay MUC
2 development can occur with the Phase One improvements,which have been constructed.
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
-3 -
Proffer Statement
July 31,2015
Parkway interchange, if constructed by others.
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 28,500 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
Up to 38,000 s.f. nursing home use
(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.
-4-
'Proffer Statement
July 31,2015
(ii) The four-lane undivided section of Hope Parkway between the
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.l.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.10.B.1.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.I.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
-5-
'Proffer Statement
July 31,2015
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.I.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.
III.Community Facilities
6. Fire/Rescue Contribution
The Applicant agrees that prior to obtaining each zoning permit for individual commercial,
-6-
Proffer Statement
July 31, 2015
institutional 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.
7. Pedestrian Network
The Property shall be served by a pedestrian network as depicted on Sheet 4 of 9 of the
Rezoning/Concept Plan. Each sidewalk segment will be constructed as part of the site plan
for each portion of land bay MUC 2 with frontage on Battlefield Parkway, Miller Drive,
Brown Roan Drive or Oaklawn Drive, as applicable.
IV. Other
8. 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 11-2 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 H-2 Corridor
Design Guidelines, all buildings shall screen rooftop mechanical equipment (i.e., HVAC
units) from view from the public streets.
9. 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.
10. Utilities
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
-7-
Proffer Statement
July 31,2015
adhere to Town policies and regulations for on-site and off-site utility improvements
required by the development of the Property.
11. Landscaping in Land Bay MUC 1
The Applicant shall install a minimum of fifteen large canopy trees in the vicinity of the
existing pedestrian walkway leading from Oaklawn Drive to the lake within Land Bay MUC
1 and twenty shrubs along the Oaklawn Drive frontage of Land Bay MUC 1 at locations to be
mutually agreed upon by the Town and the Owner to be determined during the review of the
site plan for the nursing home facility. The Applicant shall submit a landscape plan showing
the proposed planting plan for Land Bay MUC 1 concurrently with the submission of the first
site plan application for the nursing home facility. The plants shall be installed in Land Bay
MUC 1 prior to the issuance of the first occupancy permit for the nursing home facility.
12. Other
Approval of this application TLZM-2015-0001 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-2015-0001, and all final plats,
development plans, and construction plans shall remain subject to these applicable Town
regulations.
The undersigned Owners of record 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 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)
-8-
rroner Jtatement
July 31,2015
Witness the following signatures and seals this 5rd—day of AM U&c j 2015.
Oaklawn,LLC
A Virginia limited liability company
By: Keane Oaklawn Group,LLC,
Its Manager, a Virginia limited liability company
By: Keane Oaklawn Manager,LLC,
Its Ma a Virginia limited liability company
By:
N. ;
Its:
State of V 1 rcii 111 A-,
City/County of LOVLa O IA,h .To-wit:
I, iettll4 ).4orri ,a Notary Public in and for the State and County aforesaid,
do hereby certify that n t>t h (A)1 Win as vt o„vttl re r of
Keane Oaklawn Manager,LLC,manager for Keane Oaklawn Group,LLC,manager for
Oaklawn,LLC has signed the foregoing writing, which is dated July 31,2015 and has this
day acknowledged the same before me in the aforesaid State and County.
Given under my hand this 9 day ofAl Est,2015.
KELLY ALEXANDRA MORRIS �*
Notary Public Notary Pu lic
Commonwealth of Virpigla
762417e My Commission Expires: '4'13% ,l ID
►
My Commission Expiru Jul 31,2016 ►
-9-
Proffer Statement
July 31,2015
Leesburg Senior Real Estate,LLC
a Delaware limited liability company
By: Leesburg Senior Investors,LLC, its Manager
By: Silver Capital Advisors, Inc., its Manager
By: _ -•
Name: Larry 0. Silver
Its: CEO/President
State of Florida
County of Palm Beach.To-wit:
I' Ida 4. e,,e)•S-ta ,a Notary Public in and for the State and County aforesaid,
Clah-
do hereby certify that Larry D. Silver, CEO/President of Silver Capital Advisors,Inc.
Manager of Leesburg Senior Investors, LLC, Manager of Leesburg Senior Real Estate,LLC
has signed the foregoing writing, which is dated July 31,2015 and has this day
acknowledged the same before me in the aforesaid State and County.
���C 1"011 Given under my hand this 3*I day of��G ,2015.
cr' '��y A •
yailizzia j2...___&341../
I i4I a t, S
*. .►•,. �Ik_ Notary Public
s y t #EE 839980 :v.:+7 My Commission Expires: /o A 7
i9 ;o ended .47('*
"Wile S T A `d
111611Nip1
- 10-