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HomeMy Public PortalAbout2016_03_08_O006 TLZM 2016-0001 Airpark Gelman The Town of Leesburg, Virginia PRESENTED: March 8, 2016 ORDINANCE NO.: 2016-0-006 ADOPTED: March 8, 2016 AN ORDINANCE: APPROVING TLZM 2016-0001, AIRPARK-GELMAN, FOR A REZONING (PROFFER AMENDMENT) TO ALLOW EXPANDED I-1 USES AT 741 MILLER DRIVE. WHEREAS, a rezoning application(proffer amendment), TLZM 2016-0001, Airpark- Gelman, has been filed by Airpark-Gelman, LLC,to amend existing proffers for the property to allow expanded I-1 uses, on land identified as Loudoun County Parcel Identification Numbers (PIN) 234-30-9344; and WHEREAS, no new construction is proposed with the request; and WHEREAS, a duly advertised Planning Commission public hearing was held on February 18, 2016; and WHEREAS, at the February 18, 2016 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 March 8, 2016; 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, ORDAINED by the Council of the Town of Leesburg in Virginia that Rezoning Application TLZM-2016-0001 is hereby approved to allow expanded I-1 uses, subject to the amended proffer statement, Airpark-Gelman Associates, LLC, dated December 17, 2015, at the property identified as Loudoun County Parcel Identification Number 234-30-9344, further identified as 741 Miller Drive. -2- AN ORDINANCE: APPROVING TLZM 2016-0001, AIRPARK-GELMAN, FOR A REZONING(PROFFER AMENDMENT) TO ALLOW EXPANDED I-1 USES AT 741 MILLER DRIVE. PASSED this 8th day of March, 2016. 004/1/14tAL David S. Butler,Mayor Town of Leesburg ATTEST: j Clerk of Counci P:\Ordinances\2016\0308 TLSE 2015-0012 Airpark-Gelman.doc AMENDED PROFFER STATEMENT AIRPARK GELMAN ASSOCIATES,LLC October 5,2015 Revised: December 17,2015 This application is submitted by Airpark Gelman Associates, LLC, owner of the parcel identified as Tax Map/601//6///F1/-PIN: 234-30-9344-000(hereinafter referred to - as the "Applicant"). The Applicant submits these Proffers (the "Proffer") 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. The Property subject to this application is Tax Map /601//61//F1/ PIN: 234-30-9344-000 owned by Airpark Gelman Associates, LLC ("Gelman"),which is an improved parcel containing a flex warehouse building known as 741 Miller Drive, SE, Leesburg, VA, ("the Property"). The Property was rezoned by ZM-58 by Ordinance 85-0-30 with Proffers, approved on December 11, 1985; the Proffers were amended by ZM-152 by Ordinance 97-0-2 approved on January 28, 1997; the Proffers were further amended by TLZM 2000-06 by Ordinance 2001-0-5 approved on April 24, 2001. Applicant now seeks to amend the existing proffers as they apply to the Property,as set forth herein. The existing Proffer 9 states as follows; Proffer 9. The principal uses proposed for the Property shall be limited to the following uses: (1) Warehousing - (2) Office (3) Research&Dev.Manufacturing (4) Recreation Facility (5) Eating Establishment Without Drive-in Facility (6) Emergency Care Facility 1 Airpark Gelman Associates, LLC Amended Proffer Statement October 5,2015 Revised: December 17,2015 Page 2 The following additional Special Exception uses may be permitted (subject to 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 through the proffer amendment process in response to future marketing considerations. On behalf of itself,and its successors and assigns,Applicant hereby proffers that if the Leesburg Town Council approves the Amended Proffer Statement, the Property shall be subject to the following terms and conditions proffered herein. Said terms and conditions herein amend any prior proffers that have been offered for the parcel identified above: The proposed Proffer 9 shall state as follows: Proffer 9. The principal uses on the Property(PIN: 23430-9344-000) shall be those listed in Section 6.7.2 of the Ordinance as by right and special exception uses subject to the following limitations: The following by right and special exception uses shall be proffered out to eliminate the uses as found within Section 6.7.2,Use Regulations: (1) Farming (2) Nursery (3) Stable (4)Heliport (5) Outdoor storage,Vehicles (6) Telecommunications Facility: Monopole Airpark Gelman Associates,LLC Amended Proffer Statement October 5,2015 Revised: December 17,2015 Page 3 (7) Telecommunications Facility: Transmission Tower This proffer does not restrict the property owner's right to modify these uses through the proffer amendment process in response to future marketing considerations. Miscellaneous 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 Zoning Ordinance of Leesburg, Virginia. The Applicant agrees that approval of the Amended Proffer Statement does not express or imply any 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, and that final plats, development plans, and construction drawings for development on the Property are subject to the applicable Town regulations. The Applicant warrants that the owner of the Property identified as Tax Map 160///6///F1/ - PIN: 234-30-9344-000 has signed this Proffer Statement, that it has full authority to bind the Property to these conditions,and that it has voluntarily subjected the • Property to these proffer conditions. (Owner's signature on following page) 1 Airpark Gelman Associates,LLC Amended Proffer Statement October 5,2015 Revised: December 17,2015 Page 4 AIRPARK GELMAN ASSOCIATES,LLC B• Name: \AAu1r r-1 A Title: Managing Member 91W,'17L1QT CC 0,0\--um-MN,L ' CITY/CO Y OF \A.VA1A W( J ,to-wit: I,the undersigned,a Notary Public in and for the jurisdiction aforesaid,do hereby certify that uAf.,. 's pi, , as Managing Member for Airpark Gelman Associates, LLC, whose name is signed to the foregoing and hereunto annexed Proffer Statement, bearing date of VI-1 V•q- ,2015, has this day acknowledged the same before me in the jurisdiction aforesaid. (14116. GIVEN under my hand this '2 day of AnaSI CV1 ,2915. • dird. 4 4111.1 Not. j blit My Commission expires: I0)141 110 Registration Number: NI ipc- `,,,`�,�ORY��Koz,46;c. . ti �01AR)- Ns E PUBLIC f•.dr a y/CP of 14.20 M�. , rOF Cp s,. . /,, f