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HomeMy Public PortalAbout2020_01_14_O001 Shops at Compass Creek, to Rezone 4.67 Acres from I1, Industrial/Research Park District to B-3, Community Retail/Commercial DistrictThe Town of Leesburg, Virginia ORDINANCE NO. 2020-0-001 PRESENTED: January 14. 2020 ADOPTED: January 14. 2020 AN ORDINANCE: APPROVING TLZM 2019-0003, SHOPS AT COMPASS CREEK. TO REZONE 4.67 ACRES FROM I-1, INDUSTRIAL/RESEARCH PARK DISTRICT TO B-3, COMMUNITY RETAIL/COMMERCIAL DISTRICT WHEREAS, the rezoning application with a concept development plan and proffers, TLZM-2019-0003, Shops at Compass Creek, has been filed by Leesburg Commercial LC, to rezone approximately 4.67 acres from I-1 (Industrial/Research Park District) to B-3 (Community Retail/Commercial District); and WHEREAS, the property subject to this rezoning is identified with Loudoun County Parcel Identification Number (PIN) and includes a portion of PIN 234-48-8819; and WHEREAS, the development of the property includes up to 10,500 square feet of non- residential uses in the B-3 district; and WHEREAS, on December 19, 2019, the Planning Commission held a duly advertised public hearing on this application; and WHERAS, the Planning Commission recommended approval of Rezoning Application TLZM-2019-0003, Shops at Compass Creek; and WHEREAS, Town Staff recommends approval of this rezoning application; and WHEREAS, on January 14, 2020 the Town Council held a duly advertised public hearing on this application; and WHEREAS. Town Council has determined that the Approval Criteria of Zoning Ordinance Section 3.3.15 have been satisfied; and WHEREAS, the Town 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, the Council of the Town of Leesburg in Virginia hereby ordains: SECTION 1. Rezoning application TLZM-2019-0003, Shops at Compass Creek, as identified above, is hereby approved; and SECTION 2. Development of the property is subject to the Proffer Statement dated December 20, 2016; and, -2- AN ORDINANCE: APPROVING TLZM 2019-0003, SHOPS AT COMPASS CREEK, TO REZONE 4.67 ACRES FROM I -I. INDUSTRIAL/RESEARCH PARK DISTRICT TO B-3. COMMUNITY RETAIL/COMMERCIAL DISTRICT SECTION 3. Development of the property shall be in substantial conformance with the concept development plan prepared by Bohler Engineering last revised December 20, 2019; and SECTION 4. Approval of this application includes approval of the following modifications listed on Sheet 1 of the Concept Development Plan, as follows: Modified Buffer Yard Planting Materials (TLZPO Section 12.8.6 Reduced side -yard setbacks to 20-feet (TLZO Section 6.5.3.D [4] SECTION 5. 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; and SECTION 6. This zoning action will be effective at such time as the Loudoun County Circuit Court approves the Boundary Line Agreement for some of the properties identified in Ordinance No. 2019-0-022 (Parcel Identification Numbers 234-39-9964, 233-18-8634-001, 192-25-8128-001, 233-17-6768 and Portions of PINs 234-48-3058-001, 234-38-2798), adopted November 26, 2019, and it shall not be effective if such Boundary Line Adjustment is not approved by the Circuit Court. PASSED this 14th day of January. 2020. ATTEST: Clerk of Council Lsc? Kelly Buvk, M Town of Leesburg 3 ect.-/c____ LF1LeesbureRMS\Town_Clerk\Ordinances\2020\0114 Shops at Compass Creek. to Rezone 4.67 Acres from II. Industrial/Research Park District to B-3. Community Retail/Commercial District