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.
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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. •
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