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Home My Public Portal About2015_09_22_O016 TLZM 2014-0005 Patriot Self Storage The Town of Leesburg, Virginia PRESENTED: September 22, 2015 ORDINANCE NO. 2015-0-016 ADOPTED: September 22, 2015 AN ORDINANCE: APPROVING TLZM 2014-0005, PATRIOT SELF-STORAGE PARK, TO PERMIT ADDITIONAL BUILDING HEIGHT IN THE CD-C DISTRICT. WHEREAS, the rezoning application with concept plan and proffers, TLZM 2014-0005 Patriot Self Storage Park, has been filed by Route 773 LLC,to permit additional building height in Crescent Design-Commercial (CD-C) zoning district, which includes twelve zoning modifications of the Crescent Design District's site and architectural requirements; and WHEREAS, a duly advertised Planning Commission public hearing was held on July 16, 2015; and WHEREAS, at the August 6, 2015 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 September 8, 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. The rezoning application TLZM 2014-0005 Patriot Self Storage, for the property having the Loudoun County Parcel Identification Number(PIN) 118-17-9105, is hereby approved subject to the proffers dated September 22, 2015; and -2- AN ORDINANCE: APPROVING TLZM 2014-0005, PATRIOT SELF-STORAGE PARK, TO PERMIT ADDITIONAL BUILDING HEIGHT IN THE CD-C DISTRICT. SECTION 2. The property shall be developed in substantial conformance with the concept development plan prepared by Barrett Consultants, P.C. last dated June 12, 2015 and last revised on July 13, 2015; and SECTION 3. The proposed buildings will be designed and constructed in substantial conformance with the building elevations prepared by W.A. Brown and Associates, P.C. dated September 16, 2015; and SECTION 4. The following modifications as described in the Town Council Memo dated September 8, 2015, are hereby granted: TLZO Sec. 7.10.4, a reduction of the Frontage Requirement. TLZO Sec. 7.10.5.A.1, an increase in the number of provided parking spaces. TLZO Sec. 7.10.5.D.1, reducing the five-foot planting buffer for parking lots located to a side or rear yard to three and one-half feet. TLZO Sec. 11.9, a decrease in the number of required loading spaces. TLZO Sec. 7.10.7, permitting EFIS as a primary building material. TLZO Sec. 7.10.7.A.2, permitting specified windows on the building elevations to have a lower light transmission percentage than 70%. TLZO Sec. 7.10.6.E.2.b, permitting a cornice to project two feet ten inches (2'10"). TLZO Sec. 7.10.6.H.3, waiving the requirement of a pedestrian entrance on the west façade of Building Two. TLZO Sec. 7.10.6.H, reducing to the Storefront door and window percentage to no less than 43.6%. -3- AN ORDINANCE: APPROVING TLZM 2014-0005, PATRIOT SELF-STORAGE PARK, TO PERMIT ADDITIONAL BUILDING HEIGHT IN THE CD-C DISTRICT. TLZO Sec. 7.10.6.H.6.c, reducing Secondary Facade door and window percentage to no less than 24.3% on the Building One west facade, to no less than 15.8% on the Building Two west facade, and to no less than 9.7% on the Building Two south facade. TLZO Sec. 7.10.6.H.6.d, reducing the Building Two Interior Secondary Facade ground level window percentage to no less than 7%. TLZO Sec. 7.10.6.H.6.e, reducing the upper story window percentages: Building One, north,no less than 26.9%; Building One, east, no less than 20.8%; Building One, south, no less than 18.3%; Building One, west, no less than23.1%; Building Two,north, no less than 17.5%; Building Two, east,no less than 21.2%; Building Two, south,no less than 23.3%; Building Two, west, no less than 17.5%. SECTION 4, Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of this ordinance. SECTION 5. This ordinance shall be in effect upon its passage. PASSED this 22nd day of September 2015. Wan Kr-Tr". U stattd, Mayor ( Town of Leesburg ATTF�,T: ) Clerk of Co c 1 P:\Ordinances\2015\0922 TLZM 2014-0005 Patriot Self Storage.doc PROFFER STATEMENT TLZM 2014-0005, Patriot Self Storage Park Record Owner: Route 773, LLC Property: MCPi # 188-17-9105 3.34 acres Date: September 22, 2015 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, (hereinafter the "Town"), the undersigned, Route 773, LLC (the "Applicant"), is the owner of 3.34 acres of real property that is described as Loudoun County MCPI Number: 188-17-9105 (hereinafter called the "Property"), which is more particularly described on Sheet 1 of the Concept Plan described below. Applicant hereby proffers on behalf of itself and its successors and assigns, that if the Leesburg Town Council approves TLZM 2014-0005, the Property shall be developed and used consistent with the following terms and conditions herein. Said terms and conditions herein supersede any prior proffers that have been offered for any portion of the Property. PROFFERS I. SUBSTANTIAL CONFORMANCE WITH CONCEPT PLAN, USE, AND DEVELOPMENT Development of the Property will be in substantial conformance with Sheets 1 through 11 of the Concept Plan prepared by Barrett Consultants, P.C., dated June 12, 2015 (hereafter referred to as "Concept Plan"), which is attached hereto and made a part hereof as Exhibit A. Reasonable allowances shall be made for engineering and design alteration to meet Town Subdivision and Land Development Regulations, Town Zoning Ordinance Regulations and the Town Design and Construction Standards Manual ("DCSM") requirements (collectively the "Town Development Regulations"). All uses listed in the CD-C zoning district as per the Town Zoning Ordinance may be developed on the Property, except outdoor storage. Any by-right or special exception use that may be added to the use list set forth in Section 7.10.9.D.1 of the Zoning Ordinance as the result of a text amendment approved by Town Council pursuant to Section 3.2.1 of the Zoning Ordinance may be developed on the Property. Uses listed under Zoning Ordinance 7.10.9.D.1 that require special exception approval shall continue to require special exception approval before they may be developed on the Property. Development of the Property shall comply with the Town Development Regulations. All private streets and parking courts constructed on the Property shall comply with Town Development Regulations. The horizontal and vertical geometries of streets and private parking courts constructed on the Property must accommodate an AnsIIr( 'SU' design vehicle. All public and private roads and streets constructed on the Property shall be inspected and authorized for opening by the Town or VDOT depending upon which jurisdiction assumes authority for maintenance. PROFFER STATEMENT Patriot Self Storage Park TLZM 2014-0005 September 22,2015 Page 2 II. SITE DESIGN Development of the Property will include the following elements: A. Inter-parcel connection: As depicted on the Concept Plan, the Applicant shall construct an inter-parcel connection to the property having the Loudoun County MCP' Number: 188-17-9105. which is located immediately to the east of the Property. The Applicant shall provide the necessary cross-access easements at such time as a site plan has been submitted for review for development on the adjacent parcel. 13. Street Trees: The Applicant shall provide the necessary maintenance and/or replacement of street trees depicted on Sheet 2 of the Concept Plan. C. Landscaping: The Applicant shall provide the necessary maintenance and/or replacement of landscaping depicted on Sheet 2 of the Concept Plan adjacent to the property having the Loudoun County MCP[ Number 188-17-9105, which is located immediately to the east of the Property. III. FIRE ALARM AND SPRINKLERS All buildings on the Property shall include automatic sprinklers, designed and installed to applicable building code standards. IV. SUMMARY OF PROFFERED CASH CONRTIBUTIONS Fire and Rescue Facilities: Subject to the limitations set forth below, the Applicant agrees to make certain non-refundable cash donations for the benefit of tire and rescue facilities providing service to the Property, which monies will be paid by the Town to fund such facilities. The Applicant agrees to make cash contributions to the Town, upon issuance of an occupancy permit, in the amount of($0.10) per gross square foot of building constructed on the Property. Such contributions shall escalate on an annual basis in accordance with the Consumer Price Index utilizing 2016 as the base year. V. MISCELLANEOUS Should any provision or portion of these Proffers be declared by any Virginia or federal court of competent jurisdiction to be invalid, the same shall not affect the validity of these Proffers as a whole, or any part thereof, other than that which is so declared to be invalid. 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 Town Zoning Ordinance. PROFFER STATEMENT Patriot Self Storage Park TLZM 2014-0005 September 22,2015 Page 3 The term 'DEDICATION" as used herein shall mean convey by general warranty deed fee simple title to the land to the Town or VDOT, free and clear of any defects in title liens or encumbrances at no cost to the Town or VDOT in a form approved by the Town Attorney. The term "easement" as used herein shall mean grant by deed and easement interest to the Town or VDOT at no cost to the Town or VDOT in a form approved by the Town Attorney. The Applicant agrees that approval of this rezoning does not express or imply and 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. Final plats, development plans, and construction drawings for development on the Property are subject to the applicable Town regulations. The Applicant warrants that all of the owners of the Property have signed this Proffer Statement, that they have full authority to bind the Property to these conditions, and that they have voluntarily subjected the Property to these proffer conditions. OWNER: ROUTE 773, LL • By: �..- _---`._--.i`' . c Chamber in r. , .4 •_ COMMONWEALTH OF VIRGINIA COUNTY OF LOUDOUN; to-wit: Before the undersigned, a Notary Public in and for the aforementioned jurisdiction, personally appearedThonmaS 8.Chamber/04r, who acknowledged that he executed the foregoing Proffers with the full power and authority to do so. IN WITNESS WHEREOF, I have affixed my hand and seal thishd day of stotun bcr , 20f,. lir N ary fr JNI LYNN NOTARY PUBLIC C REGISTRATION#311516 COMMONWEALTH OP VIRGINIA MY COMMISSION EXPIRES .___?sb1•lal----.--