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Home My Public Portal About2014_06_24_O017 TLZM 2013-0004 Panera Bread The Town of Leesburg, Virginia PRESENTED: June 24, 2014 ORDINANCE NO. 2014-0-017 ADOPTED: June 24, 2014 AN ORDINANCE: APPROVING TLZM 2013-0004 PANERA BREAD,A CONCEPT PLAN AMENDMENT AND PROFFER AMENDMENT TO ALLOW DEVELOPMENT OF A DRIVE-IN FACILITY AT AN EXISTING RESTAURANT AT 215 FORT EVANS ROAD WHEREAS, a Rezoning Application has been filed by Panera, LLC to amend the approved proffers and revise the concept development plan for TLZM-1996-0150 approved in 1997 to allow an additional 660 square feet of retail space and permit one eating establishment with drive-in facility on land identified as Loudoun County Parcel Identification Number(PIN) 188-10-4168; and WHEREAS, a duly advertised Planning Commission public hearing was held on May 15, 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 June 24, 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: -2- AN ORDINANCE: APPROVING TLZM 2013-0004 PANERA BREAD,A CONCEPT PLAN AMENDMENT AND PROFFER AMENDMENT TO ALLOW DEVELOPMENT OF A DRIVE-IN FACILITY AT AN EXISTING RESTAURANT AT 215 FORT EVANS ROAD SECTION 1. Rezoning Application TLZM 2013-0004, for the property having the Loudoun County Parcel Identification Number(PIN) 188-10-4168, is hereby approved subject to the proffers dated April 21, 2014; and SECTION 2. The property shall be developed in substantial conformance with the concept development plan prepared by Core States dated April 21, 2014; 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 24th day of June , 2014. `rP-f9:1''.U stattd,Mayor Town of Leesburg ATTE : ik" Clerk of Counci. P:\Ordinances\2014\0624 TLZM 2013-0004 Panera Bread.doc PROFFER STATEMENT PANERA,LLC TLZM 2013-0004 April 21,2014 Pursuant to Va. Code Ann. § 15.2-2303 and § 3.3.16 of the Zoning Ordinance of the Town of Leesburg ("Zoning Ordinance"), and subject to the Leesburg Town Council approving an amendment to the proffer statement ("Leesburg Corner Proffers") and the Concept/Special Exception Plan ("Leesburg Corner Plan") previously proffered in ZM-150 to allow for eating establishment with drive-in facility as a permitted use on the property identified as Loudoun County PIN#188-10-4168 (the "Subject Property"), Panera, LLC (the "Applicant") for the Title Owner (hereinafter defined), itself, and its successors and assigns, hereby proffers to the following conditions ("Proffers"). The Subject Property shall be developed in substantial accord with the Leesburg Corner Proffers and Leesburg Corner Plan previously given and accepted by the Leesburg Town Council, except as modified herein. 1. The Subject Property shall be developed in substantial conformance with the Panera Bread Concept Plan Amendment/Special Exception Plat, dated June 4, 2013 and revised through April 21,2014. 2. The Applicant shall provide a one-time cash contribution to the Town of Leesburg in the amount of$12,827.00 prior to the approval of the zoning permit for the Panera building expansion, to be used at the Town of Leesburg's discretion for road improvements in the Town of Leesburg. 3. The Applicant shall install a by-pass lane stop sign and stop bar pavement marking at the locations shown on Sheet 4 of the Panera Bread Concept Plan Amendment/Special Exception Plat. The stop sign and stop bar pavement marking shall be installed prior to the operation of the drive-thru lane. 4. Paragraph 1 of the Leesburg Corner Proffers is hereby replaced by the following: Permitted Uses. When the Town adopts an ordinance approving the pending ZM-150 rezoning of the Property to the B-3 category and a special exception for a Center over 100,000 square feet, the following uses may be developed on the Property: (a) bank without drive-in facility; (b) eating establishment without drive-in facility; (c) eating establishment with drive-in facility on the property identified as Loudoun County PIN #188-10-4168; (d) office; (e) hotel/motel; (f) theater, indoor; and (g) a Center up to 500,671 gross square feet including,but not limited to,the following uses: (1) appliance sales store; (2)art gallery; (3)art supply;(4)bakery; (5) bookstore; (6)candy store;(7)clothing,accessories and dry goods store;(8) TLZM 2013-0004 Panera, LLC Page2 delicatessen; (9) furniture sales store; (10) hardware, paint, and wallpaper store; (11)jewelry store; (12) leather goods and luggage store; (13) music store; (14) photographic equipment and supplies store; (15) sporting goods store; (16) tobacco store; (17) toy store; (18) variety store; and (19) office supply store. Notwithstanding the foregoing, the Applicant agrees that the following uses, shall not be developed on the Property: (a) antique and second hand store; (b) drug store: (c) floor coverings store; (d) grocery store; (e) lawn and garden supply store; (f) pet store; (g) pharmacy; (h) video rental store; (i) institutional and community service uses; (j) emergency care facility; (k) school, special instruction; (1) public utility, minor and (m) services, personal, including, but not limited to: arts and crafts studio or store; appliance repair and rental store; bicycle repair store, barber shop, and beauty shop; caterer; dressmaker shop; dry-cleaning and/or laundry pickup station; locksmith shop; musical instrument repair shop; photographer's studio; photostat shop; tailor shop; travel agency; and veterinary hospital. No more than a total of 500,671 gross square feet of permitted uses and special exception uses as described herein shall be developed on the Property. Any retail uses developed on the Property shall be limited to a Regional Factory Outlet Center(the "Center") in which a substantial majority of the stores in the Center are leased by a merchandise manufacturer, and owner or licensee of a merchandise brand name,or a seller of discounted brand name merchandise. No single store in the Center shall contain an area greater than 60,000 square feet. The Center shall contain no more than three stores that contain leasable area which is greater than 30,000 square feet and less than 60,000 square feet. The Center shall contain at least 20 stores. The undersigned hereby warrants that all entities with a legal interest in the Subject 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,together with the others signing this document,have full authority to bind the Subject Property to these conditions, and that the Proffers are entered into voluntarily. - I [ SIGNATURE PAGES FOLLOW] TLZM 2013-0004 Panera,LLC Page 3 TITLE OWNER OF Loudoun County PIN#188-10-4168 CPG Partners, L.P. (f/k/a Chesea GCA Realty Partnership, L.P.), a Delaware limited partnership By: CPG Holdings,LLC, general partner By: —(SEAL) Name: fltgrit, Si Title: \ifcr. Pre STATE OF /Je4.) aer.,e ) )to-wit: COUNTY/CITY OF 5-.x.x The foregoing Proffer Statement was acknowledged before me this 2/5r day of ,2014,by Mc..-V- lvef7.4i-t ,as 1,%ic.c ere sdeh of C-FG l-oldtnc35 NI �L r AitiCb3.49_ Notary Public •.•'•tt►O7 .� •Z Patricia/Wino - * •• :O Notary Pobk,State of New My Commission Expires: October 24, 17 ... deRsei /fH11fM [ SIGNATURES CONTINUE ON NEXT PAGE] TLZM 2013-0004 Panera,LLC Page 4 APPLICANT \ i.Ad (rt"._ PANERA,LLC, a S___ limited liability company By: ,,,-----1,--7 ,.-----2,,,,•-;.— (SEAL) Name: 4 a i r vo-,4-1,6./----i-, Title: 1.\ Y e HV I i , STATE OF /1/11-- ) )to-wit: COUNTY/CITY OF Piti+1; The foregoing Proffer Statement was acknowledged before me this Z-z- day of ( 4,1---) 1 ,2014,by Pvir t:y:3- , if7,o i',-ii-) ‘ , a _ 6 i...\-eAreILTrtywdtiftifi ? of i h ra;--•4/ L L C., 0 L.V a ki(z,a2„.. ifilir.-f?d he'd)/rrfl c cti ?/)47: i -/ i 7,7 - -1 / ' • Notaly Public s., LORI M.ROUTWEI R ' 1 1 4 COMMOwNWtomALTHmi0FssionMISAORISETTS) My Commission Expires: •-1— — — —N--°ta'Y°113lic 1 June 24.2016 [ SIGNATURES END I i I I 1