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Home My Public Portal About2006_05_23_O011 The Town of Leesburg, Virginia PRESENTED: May 23. 2006 ADOPTED: May 23. 2006 ORDINANCE NO. 2006-0-11 AN ORDINANCE: APPROVING TLZM-2005-0004 LEESBURG SPORT AND HEALTH CLUB/WOLF FURNITURE REZONING AND CONCEPT PLAN WITH PROFFERS AT 131 FORT EVANS ROADN.E. WHEREAS, S & H Loudoun LC/Callao Investments LLC has submitted a rezoning application with concept plan and proffers for the Wolf Furniture redevelopment project; and WHEREAS, the applicant proposes to construct a 69,974 gross floor area retail furniture store on the site formerly occupied by the Loudoun Sport and Health Club; and WHEREAS, the request is to rezone 1.92 acres of the 5.41 acre site from R-6, Moderate Density Residential to B-2, Established Corridor Commercial; the remaining 3.49 acres of the site is zoned B-2; and WHEREAS, on April 6, 2006, the Planning Commission recommended approval of this application by a 6-0 vote; and WHEREAS, on May 9, 2006 the Town Council held a public hearing on this application; and WHEREAS, the proposed rezoning, concept plan and proffer statement furthers the Transportation Element ofthe 2005 Town Plan by providing frontage improvements consistent with Town Capital Improvement Project #55 and proffering off site transportation dollars to improve the network of streets adjacent to the redevelopment project; and WHEREAS, the proposed rezoning, concept plan and proffer statement comply with the Land Use Element of the 2005 Town Plan Central Sector "Downtown" classification; and -2- AN ORDINANCE: APPROVING TLZM-2005-0004 LEESBURG SPORT AND HEALTH CLUB/WOLF FURNITURE REZONING AND CONCEPT PLAN WITH PROFFERS AT 131 FORT EVANS ROADN.E. WHEREAS, Council has concluded that the approval ofthe application would be in the public interest and in accordance with sound zoning and planning principles. THEREFORE, ORDAINED by the Council ofthe Town of Leesburg in Virginia as follows: SECTION I. TLZM-2005-0004 Leesburg Sport and Health Club is hereby approved subject to the Concept Plan and Proffers which are attached hereto, and made a part hereof and incorporated by reference herein. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the ordinance. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 23rd day of May 2006. ATTEST: TLZM-2005-00040RD Leesburg Sport and Health Club TLZM 2005-0004 PROFFER STATEMENT December 12,2005 Revised through May 8, 2006 Pursuant to Section 15.2-2303 of the Code of Virginia. 1950, as amended, and Section 3.3.16 of the Zoning Ordinance of the Town of Leesburg, Virginia (hereinafter the "Town"), the undersigned, S & H Loudoun, LC c/o Callao Investments, LLC (hereinafter called the "Owner"), is the owner of approximately 5.41 acres of real property split-zoned B-2, Established Corridor Commercial District (3.49 acres) and R-6, Moderate Residential Density District (1.92 acres), described in Loudoun County Tax Map 48-H ((4)), Parcel 3 and MCPI #188-18-6716, hereinafter called the "Property". Applicant hereby voluntarily proffers of itself and its successors and assigns, that if the Leesburg Town Council approves rezoning case number TLZM-2005-0004 to rezone 1.92 acres of the Property to the B-2, Established Corridor Commercial District, the Property shall be developed and used consistent with the following terms and conditions set forth below. I. Concept Plan and Elevations The Property shall be developed in substantial conformity with the Concept Plan entitled "Concept Plan-Wolf Furniture" prepared by The Engineering Groupe, Inc., dated December 8, 2005, revised through February 24,2006, and the Elevations entitled "Wolf Furniture-Schematic Elevations" prepared by The Office of Charles King AlA, P.C., dated May 8, 2006. Development of the Property shall be in substantial conformance with the Concept Plan and Elevations which 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 zoning, subdivision, and land development regulations. Sport and Health Club Rezoning TLZM 2005-0004 Proffer Statement Page 2 of3 II. Fort Evans Road Frontae:e The Owner shall provide a one time cash contribution of $190,995.00, to be paid at the time of issuance of the first certificate of occupancy. This cash contribution shall serve as a reimbursement to the Town of Leesburg for improvement of the Property's Fort Evans Road frontage, as shown on the Concept Plan. Right of Way dedication along the Property's Fort Evans Road frontage shall be provided as shown on the Concept Plan at no cost to the Town of Leesburg or VDOT. Dedication of the Right of Way along the Property's Fort Evans Road frontage shall be provided upon the reasonable request of the Town. The Owner agrees to construct a five foot wide sidewalk that will extend along the Property's entire Fort Evans Road frontage. This sidewalk shall be constructed once all underground utility work is completed by the Town of Leesburg in conjunction with the Fort Evans Road improvements, yet not prior to the initiation of construction on the Property. III. Off-Site Transportation Contribution The Owner shall make a one-time cash contribution to the Town of Leesburg for off-site transportation improvements, in the amount of $79,225.00, to be paid at the time of issuance of the first zoning permit. This cash contribution shall be used at the discretion of the Town of Leesburg to mitigate any potential transportation impacts in the general vicinity of the proposed development. IV. Bindine: Effects The undersigned hereby warrants that all of the owners of a legal interest in the Property have signed this Proffer Statement, that they have full authority to bind the Property to these conditions, and that this Proffer Statement is entered into voluntarily. V. No Modifications Granted or Implied. Approval of this rezoning 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. Final plats, development plans Sport and Health Club Rezoning TLZM 2005-0004 Proffer Statement Page 3 of3 and construction drawings are subject to the applicable town regulations. Any modification permitted in conjunction with this application shall be approved in accordance with the requirements set forth in the Subdivision and Land Development Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual. S & H Loudoun, LC c/o CaIl~ Investments, LLC By: ~~~ (SEAL) Name: D Q'Vll--lD \.Aj \<"ON2- Title: Date: r;; /~t:: L t STATE OF VIRGINIA COUNTY OF ~~ , to-wit: I, the undersigned notary public, in and for the state and city/county aforesaid, do hereby certify that :i)l'YJn Jr;) 1.)). f{'V,/\/z- , whose name is signed to the foregoing instrument, has acknowledged the same before me on behalf of the LLC. Subscribed and sworn to before me this q-t:Ic day of ;}fa-( 2006. My Commission Expires: / / --30 -::Z-oc> %'" J/J. a'~ J:\Konz, Donald W\Proffers\Proffers Clean 5-8-06.doc