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Home My Public Portal About2001_04_24_O5The Town of T .eesburg, rginia PRESENTED: April 24, 2001 ORDINANCE NO. 2001-0-5 ADOPTED: April 24, 2001 AN ORDINANCE: APPROVING REZONING APPLICATION #ZM 2000-06 BY THE WARD CORPORATION ET AL TO AMEND THE PROFFERS ORIGINALLY APPROVED AS PART OF REZONING APPLICATION #ZM-58 BY RICHLYNN DEVELOPMENT, INC. WHEREAS, on December 8, 2000 the Town accepted the Ward Corporation Et Al application for an amendment to Proffers approved as part of rezoning Application #58 by Richlynn Development, Inc. and WHEREAS, on February 1, 2001, the Planning Commission held a public hearing to consider the application, after which they recommended approval of rezoning application #ZM 2000-06; and WHEREAS, on April 10, 2001, the Town Council held a public hearing to consider this application; and WHEREAS, this request is in the interest of public necessity, convenience, general welfare and good zoning practice. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I. The attached proffers, dated April 10, 2001, as proposed in Rezoning Application #ZM 2000-06, amending the proffers in Rezoning Application #ZM-58, are hereby accepted. -2- ORDINANCE: APPROVING REZONING APPLICATION #ZM 2000-06 BY THE WARD CORPORATION ET AL TO AMEND THE PROFFERS ORIGINALLY APPROVED AS PART OF REZONING APPLICATION #ZM-58 BY RICHLYNN DEVELOPMENT, INC. SECTION II. This Ordinance shall be effective upon its passage. PASSED this 24`h day of April 2001. LCLJO B. J. Vibb, Mayor Town of Leesburg ATTEST: left{ of Council 0:Richlynn.ord Proffer Statement April 10, 2001 #ZM 2000-06 Proffer Condition Amendment to Approved Richlynn Development, Inc., Proffers Pursuant to Section 15.2-2297 (a) of the Code of Virginia, 1950, as amended, and Article 13 of the Town of Leesburg Zoning Ordinance, adopted April 24, 1990, as amended, the Ward Corporation and Gary E. and Barbara L. Samuels (the "Applicants"), together with Leesburg Airpark III, L.L.C., Riverair, L.C., Airpark II, L.L.C., Dominion Virginia Power, and James Taylor, James R. Herzog and Donald L. Irvin, as Trustees for Cornerstone Chapel (each individually as "Owner") (collectively the Applicants and each Owner are referred to hereafter as "Owners"), as the Owners of real property identified as Tax Map/Parcels 60/8I (PIN #191-46- 0526), 60/((5))/1A (PIN #191-36-1377), 60/((6))B1, C, D, G & Fl (PIN #s191-45-1706, 191-35- 4047, 191-45-6103, 234-40-7410 & 234-30-9344) (collectively the "Property" - See Exhibit A), do hereby amend Proffer 7 and Proffer 9 of the Richlynn Development, Inc., rezoning (#ZM-58, approved and adopted by the Leesburg Town Council on December 11, 1985, pursuant to Ordinance No. 85-0-30) as follows: Amended Proffer 7 7. Access points to Route 643 will be limited to two points on Parcel A and three points on Parcel B-1 and B-2. These access points will be located at ultimate median crossings spaced at approximately 800 feet based on final engineering and Town approval. Access will be limited to these points and no direct access to individual lots will be provided from Route 643. The second access point onto Route 643 from Parcel A (specifically Tax Map Parcel 60/((6))/D, PIN #191-45- 6103, as shown on Exhibit A) shall be aligned with existing Tavistock Farms Drive. Amend Proffer 9 9. The principal uses proposed for parcels A and B-1 shall be limited to the following -percentages: (1) Warehousing 30% (2) Office 30`Ya (3) Research & Dev. Manufacturing 30% +0% (4) Recreation Facility (5) Eating Establishment Without Drive-in Facility (6) Emergency Care Facility 1 The following additional Special Exception uses may be permitted (subject to separate special exception approval): (1) Child Care Center (2) Bank With Drive-in Facility (3) Conference Center (4) Place of Worship This proffer does not restrict the property owner's right to modify these uses },c�cc�itage s through the proffer amendment process in response to future marketing considerations. The Owners voluntarily proffer that development of the Property shall be in substantial conformance with these proffers and that all other proffers of #ZM-58 shall remain in full force and effect upon the Property, including all other land previously rezoned and subject to the proffers of #ZM-58. It is expressly understood that this proffer condition amendment shall not amend or delete the existing terms and conditions of Proffers 7 and 9 with respect to other properties that are not specifically referenced herein as part of this proffer condition amendment application. These proffers shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owners. The Owners warrant that they each have a legal interest in their respective properties and have full power and authority to execute these proffers and bind the Property, without joinder of any additional party, and hereby execute these proffers voluntarily. [SIGNATURES ARE ON SUCCEEDING PAGES] 2 WARD CORPORATION By:�� GC�C4 Name: �Z 41L1i W Title: .n e STATE/C F Y\ ARAI \ 11-0 %) CITY/COUNTY OF *f\2eti eJL1,a, to wit: .4, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Y--k an k( � f ct l,�,) as ji _' g QA— of IA Ao-+0 C.e-r , wv , whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this 7 day of YVAJIAI, 2001. 1/14_411 Notary Public My Commission Expires: 10 — 0 I 2_40 3 3 GARY E. SAMUELS BARBARA L. SAMUELS STATE/COMMONWEALTH OF (J; rr ; n CITY/COUNTY OF T4c,11,; e,e ` , to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Gary E. Samuels, whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this 74h . day of Mc rc h , 2001. ue,_ be )6,A.- Notary Public My Commission Expires: 7- 3 (- O a STATE/COMMONWEALTH OF U j .S r n c1/4, CITY/COUNTY OF �, ; er , to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Barbara L. Samuels, whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this '7f h _ day of %} 7 a vc.h , 2001. My Commission Expires: Notary Public 4 LEESBURG AIRPARK III LIMITED L t C'_. By: 212 Name: f-eeS1�v�`'` ►'�/� L� Title: _2-.6 -¢ 10 1/0 ►��✓�, STAT OF teWASL CRY/COUNTY OFpi(i , to wit: 4, the undersigned Notary Public, in and for the j sdictinon of resaid, do hereby certify that \< (AA �/11yO iL () f 'VQ as �n & cKl l of L P1S \0vwA r (3JIML Q L LG , whose name is signed to the foregoing Proffer Sta.ement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. 7 {� " GIVEN under my hand and seal this day of 1\ +` , 2001. My Commission Expires: Notary Public lO-O►-Zv3 5 RIVERAIR, L.C. By: Name: _ , i'Vvy) Title: STATE/ F 1V AO CITY/COUNTY OF F-Ne,fQ, to wit: , thF undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that LAAAAAM PrO60 as 1)M.a,v,>1 of k, whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this -7 day of � , 2001. Notary Public My Commission Expires: I D- 01 ` L o J_ 6 AIRPARK II, L.L.C. By: Name: % vcUt . v1 ps Title: /47, STATE/COMMONWEALTH OF CITY/COUNTY OF , to wit: I, the undersi ed Notary Public, in and for the jurisdiction aforesaid, do hereby certify that as of , o I U-� , whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this My Commission Expires: day of Q� , 2001. Notary Public 7 B AMES R. HERZO( i fJSTEE By:► 5 DONALD L. IRVIN, TRUSjTEE STATE/COMMONWEALTH OF 1//0/N/4- CITY/COUNTY OF Loupou,J , to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that James Taylor, Trustee, whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this PST day of A1' 'C / , 2001. My Commission Expires: QV -A„„,„_ Notaryublic Z'oL 8 STATE/COMMONWEALTH OF ��(�rN/4 CITY/COUNTY OF to u Nun! n! , to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that James R. Herzog, Trustee, whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this /Sr day of /L/,q e6,tt , 2001. My Commission Expires: `iuvve Jo, ze o STATE/COMMONWEALTH OF Vi<64/14 CITY/COUNTY OF Lac? Do 0AI , to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Donald L. Irvin, Trustee, whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this ,Sr day of AMec , 2001. My Commission Expires: jtmie Jo/ Zoo 9 DOMINION VIRGINIA POWER By: Name: : ' .bison Title: STATE/COMMONWEALTH OF V i rg i n i a CITY/CW1W OF Richmond , to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Elizabeth J. Robison. Manager - Real as authorized by Virginia Electric 4E and Power Company D/B/A Domi ni onVi Eginia/rower , whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this Rth My Commission Expires: 1/31/2003 day of March ,2001. Notary Public U 10 da„i -OWN OF _EESBURG 4-49-6669 20.8 AC.,q t.)1 !1 11.A TOWN OF LEESBURG # 234-40-2969 15.1 AC. ZONE: 1-1 TOWN OF LEESBURG # 234-40-0130 0.9 AC. -, ZONE, .. TOWN OF LEESBURG # 234-20-5774 61.2 AC. ZONE: 11.-; •4T1-- RSTONF -RE HOUSE LC 235-39-5624 402.0 ,C. ZONE: A-3 tfL 7 i'i(LL'D 1.-LJ DEVELOPMt'NT CO r 191-45 31.1 AC. ZONE: 1-1 SCALE: 1 " = 300' -E K k. b ; + A EXHIBIT SHOWING PROPERTIES SUBJE TO PROPOSED PROFFER AMENDMENT OF #ZM-58 77-7 TOWN OF LEESBURG # 191-25-3486 8.6 AC. ZONE: 1-1 a 0 # 191-46-18T5 10.0 AC. ZONE: I-1 GUDELSKY # 191-35-9810 11.4 AC. ZONE: 1-1 GUDELSKY # 191-25-9851 5.8 .-C. ZONE: 1-1 YCOLIN-LEESBURG CORPORATION # 191-28-9552 144.7 AC. ZONE: A-3