The URL can be used to link to this page

Home My Public Portal About2014_02_11_O005 TLZM 2013-0002 Jerry's Ford I-1 to B-3 The Town of Leesburg, Virginia PRESENTED: February 11,2014 ORDINANCE NO. 2014-0-005 ADOPTED: February 11, 2014 AN ORDINANCE: APPROVING TLZM 2013-0002 JERRY'S FORD, REZONING 4.54 ACRES OF LAND AT 847 EAST MARKET ST FROM I-1 TO B-3. WHEREAS, a Rezoning Application has been filed by Leesburg Motor's Inc. to allow redevelopment of the existing Jerry's Ford auto dealership on land identified as Loudoun County Parcel Identification Number(PIN) 189-28-9864; and WHEREAS, a duly advertised Planning Commission public hearing was held on January 16, 2014; 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 February 11, 2014; 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 2013-0002, for the property having the Loudoun County Parcel Identification Number(PIN) 189-28-9864, is hereby approved and the land rezoned to the B-3 zoning district, subject to the proffers dated January 7, 2014; and SECTION 2. The properties shall be developed in substantial conformance with the concept plan and proffers prepared by Walter L. Phillips dated May 3, 2013 and last revised January 7, 2014; and -2- AN ORDINANCE: APPROVING TLZM 2013-0002 JERRY'S FORD, REZONING 4.54 ACRES OF LAND AT 847 EAST MARKET ST.FROM I-1 TO B-3 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 February 2014. ISM ' • 1171C. I mstattd, Mayor Town of Leesburg ATT Clerk of C• n'IP P:\Ordinances\2014\0211 TLZM 2013-0002 Jerry's Ford.doc PROFFER STATEMENT JERRY'S FORD TLZM 2013-0002 January 7,2014 Pursuant to Va. Code Ann. § 15.2-2303 and § 3.3.16 of the Zoning Ordinance of the Town of Leesburg ("Zoning Ordinance"), the undersigned, Leesburg Motors, Inc. (the "Owner"), the owner of approximately 4.54 acres of real property identified as Loudoun County Tax Map 48, Parcel 80F (PIN #189-28-9864) (the "Property"), hereby voluntarily proffers of itself and its successors and assigns, that if the Leesburg 'Town Council approves rezoning case number TLZM-2013-0002 to rezone the Property from the I-1, Industrial/Research Park District, to the B-3, Community Retail/Commercial District, the Property shall be developed and used consistent with the following terms and conditions("Proffers") set forth below. I. CONCEPT PLAN The Property shall be developed in substantial conformity with Sheets P-0101, P-0301, P- 303, and P-0401 of the Concept Plan entitled "Jerry's Ford of Leesburg Rezoning Concept Plan" prepared by Walter L. Phillips,inc., dated May 3, 2013, revised through January 7, 2014 ("Concept Plan"). The 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 of Leesburg zoning, subdivision, and land development regulations. II. ROUTE 7 ENTRANCE MODIFICATION As depicted on the Concept Plan, the Owner shall modify the two existing Route 7 entrances, at no cost to the Town of Leesburg, such that the Property's existing western right-in/right-out entrance shall be converted into a right-in entrance and the Property's existing eastern right-in/right-out entrance shall be converted into a right-out exit. The modifications of these entrances shall be implemented through the use of striping and/or flexible delineators. These modifications shall be implemented prior to the issuance of the first occupancy permit for the new showroom. III. ROUTE 7 ENTRANCE CLOSURE The Owner shall agree to close the Property's two existing Route 7 entrances at no cost to the Town of Leesburg at such time as an interchange is constructed and open for use at Route 7 and Battlefield Parkway and Trailview Boulevard is constructed and open for use from Cardinal Park Drive to Battlefield Parkway. If the Virginia Department of Transportation and the Town of Leesburg determine that the intersection of Cardinal Park Drive and Route 7 should remain permanently open as a right-in/right-out intersection, Proffer Statement TL,ZM 2013-0002 .terry's Ford Page 2 the requirement to extend Trailview Boulevard from Cardinal Park Drive to Battlefield Parkway shall no longer apply. The Owner shall record a No Access Easement along the Property's Route 7 frontage within 180 days of the closure of its two Route 7 entrances. IV. TRANSPORTATION CONTRIBUTION The Owner shall provide a one-time cash contribution to the Town of Leesburg in the amount of $60,000.00, to be used at the Town of Leesburg's discretion for road improvements in the Town of Leesburg, with the stipulation that this contribution shall first be applied toward the closure of the Property's two existing Route 7 entrances as contemplated in Proffer III. This contribution shall be paid into an escrow account at the time of issuance of the first occupancy permit for the new showroom. V. FIRE AND RESCUE CONTRIBUTION The Owner shall provide a one-time cash contribution to the Town of Leesburg for fire and rescue services, in the amount of $0.10 per square foot, to be paid at the time of issuance of the first occupancy permit for the new showroom. VI. BINDING EFFECT The undersigned hereby warrants that all entities with a legal interest in the Property have signed these Proffers, that no signature from any additional party is necessary for these Proffers to be binding and enforceable in accordance with their terms, that they have full authority to bind the Property to these conditions, and that the Proffers are entered into voluntarily. [ SIGNATURE PAGE FOLLOWS ] Proffer Statement fLZM 2013-0002 Jerry's Ford Page 3 OWNER OF Loudoun County PIN #189-28-9864 LEESBURG MOTORS, INC. By: _ dA L (SEAL) � L. pe ..t .1 Title: y7fv- Name: tSq ,0 STATE OF Yirgini A _ ) )to-wit: COUNTY/CITY OF__Lb RAD k n __ The foregoing Proffer Statement was acknowledged before me this j day of Jo.," 4 , . 2014,by 4lsrell L. 11sel4ze1 ,as ht sidtn4r of a. LLc6 4)4411 fS ,InL, Notary Public My Commission Expires: _JN.ly. 3! , 2D 1 4 SNAfiON S.POINL)EXTER NOTARY PUBLIC Commonwealth of Virginia Reg.#7135132 My Commi inn Expires,11.1.1 al it Ig [ SIGNATURES END