HomeMy Public PortalAbout2011_05_24_O011 TLZM 2011-0001 Wolf FurnitureThe Town of
Leesburg,
irgiui
PRESENTED: May 24, 2011
ORDNANCE NO. 2011 -0 -011 ADOPTED: May 24, 2011
AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT
TLZM- 2011 -0001, WOLF FURNITURE, AMENDING
TLZM- 2005 -0004, LEESBURG SPORT AND HEALTH, TO ALLOW
THREE DEVELOPMENT OPTIONS
WHEREAS, application has been filed by J D Partnership c/o Wolf Furniture Co., for
a concept plan and proffer amendment to TLZM- 2005 -0004 Leesburg Sport and Health; and
WHEREAS, the "Property" consists of a 5.41 acre parcel of land generally located at the
intersection of Fort Evans Road and Cedar Walk Circle and further identified as Loudoun
County Parcel Identification (PIN) number 188 -18 -6716; and
WHEREAS, a duly advertised Planning Commission public hearing was held on May 19,
2011; and
WHEREAS, at their regular meeting of May 19, 2011, 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 May 24, 2011; 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.
The Council of the Town of Leesburg in Virginia hereby ordains:
SECTION I. That the Concept Plan and Proffer Amendment TLZM- 2011 -0001, Wolf
Furniture, is hereby approved, subject to the proffers dated May 24, 2011.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT
TLZM 2011 -0001, WOLF FURNITURE, AMENDING
TLZM- 2005 -0004, LEESBURG SPORT AND HEALTH, TO ALLOW
THREE DEVELOPMENT OPTIONS
SECTION III. 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 the Leesburg Town Code.
SECTION IV. This ordinance shall be effective upon its adoption.
PASSED this 24th day of May, 2011.
P: \Ordinances\2011 \0524 TLZM- 2011 -0001 Wolf Funiture.doc
2
C. `i mstattd, Mayor
Town of Leesburg
PROFFER STATEMENT
TLZM 2011 -0001
WOLF FURNITURE
March 2, 2011
April 20, 2011
May 11, 2011
May 20, 2011
May 24, 2011
The undersigned, J &D Partnership c/o Wolf Furniture Enterprises, Inc. (hereinafter, the
"Applicant is the owner of approximately 5.41 acres of real property in the Town of Leesburg
"Town described as Loudoun County Tax Map 48 -H ((4)), Parcel 3 and MCPI #188 -18 -6716
"Property Pursuant to Section 15.2 -2303 of the Code of Virginia, 1950, as amended, and
Section 3.3.16 of the Town of Leesburg Zoning Ordinance, adopted February 25, 2003, as
amended, "Zoning Ordinance the Applicant hereby voluntarily proffers of itself and its
successors and assigns, that if the Leesburg Town Council approves TLZM 2011 -0001, the
Property shall be developed and used consistent with the following terms and conditions set forth
below. These proffer conditions are the only development conditions offered with TLZM 2011-
0001 and, upon approval of TLZM 2011 -0001 by the Leesburg Town Council, these proffers
shall supersede those tendered in TLZM 2005 -0004 (Leesburg Sport and Health Club), approved
by the Town on May 23, 2006.
I. Concept Plan
The Property shall be developed in substantial conformance with Sheets 1, 3, 4, 8 and 11
of the Concept Plan titled "Wolf Furniture Zoning Concept Plan Amendment," prepared by
Bowman Consulting, dated February 28, 2011 and updated through May 20, 2011 "Concept
Plan"), 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.
Wolf Furniture
TLZM 2011 -0001
Proffer Statement
Page 2 of 5
II. Fort Evans Road Frontage
The Applicant shall provide a one -time cash contribution in the amount of $190,995.00 to
the Town, to be paid prior to the issuance of the first certificate of occupancy for the 46,030
square foot furniture store.
The Applicant agrees to construct a five -foot wide sidewalk that will extend along the
Property's entire Fort Evans Road frontage. This sidewalk shall be completed prior to the
issuance of the first certificate of occupancy for the 46,030 square foot furniture store.
III. Off -Site Transportation Contribution
The Applicant shall make a one -time cash contribution in the amount of $52,050.00 to
the Town, to be paid prior to the issuance of the first zoning permit for the 46,030 square foot
furniture store.
If the furniture store use is expanded from 46,030 square feet to 69,974 square feet, the
Applicant shall make a one -time cash contribution in the amount of $27,175.00 to the Town, to
be paid prior to the issuance of the first zoning permit for the 69,974 square foot furniture store.
These cash contributions shall be used at the discretion of the Town of Leesburg to
mitigate any potential transportation impacts in the general vicinity of the Property.
IV. Permitted Uses
All permitted uses of the Established Corridor Commercial "B -2 zoning district, as
identified in Section 6.4.2 of the Zoning Ordinance shall be permitted on the Property, with the
exception of the following uses:
A. Car Wash;
B. Convenience Food Store;
C. Eating Establishment with Drive -In Facility;
Wolf Furniture
TLZM 2011 -0001
Proffer Statement
Page 3 of 5
D. Home Occupation;
E. Lumber and/or building material sales, without outdoor storage /display;
F. Service Station;
G. Telecommunications Facility: Antenna;
H. Telecommunications Facility: Monopole;
I. Telecommunications Facility: Transmission Tower;
J. Temporary Mobile Land -Based Telecommunications Testing Facility;
K. Movie Theater, indoor;
L. Video Rental Store with Drive -In Facility;
M. Multiple Family Residential (6 or more dwelling units);
N. Multiple- Family Residential (up to 5 dwelling units);
O. Public Utility, Major; and
P. Public Utility, Minor.
V. Truck Access
Truck access to the Property shall be permitted on Fort Evans Road via East Market
Street (Route 7). Trucks shall be prohibited from accessing the Property via Heritage Way.
VI. Design
In the event that the Applicant does not utilize the Landscaping Modification approved
on May 6, 2011 in TLOM 2011 -0004 and upon alteration of the building in Development Option
II and upon construction of the expanded building in Development Option III, as shown on the
Concept Plan, building design shall incorporate the following architectural features:
A) Building Form: The building elevation shall include different materials to define a three
part division of the building facade, which includes a base, middle, and cap.
B) Massing: To mitigate the potential for blank unarticulated walls, any combination of the
following may be used:
Wolf Furniture
TLZM 2011 -0001
Proffer Statement
Page 4 of 5
(1) Windows: Wall openings, that are individual recognizable units related to the
building's overall size, should account for no less than 40% of the wall area,
and exclude curtain walls or floor to ceiling windows.
(2) Varied Wall Planes: horizontal displacement of walls or ground -to- ceiling
architectural features along a common facade should be off -set no less than 12
inches.
(3) Wall Proportions: the use of a vertical feature(s) to create smaller wall
modules that are consistent with traditional architectural proportions.
C) Facade Elements: Dimensional architectural features that are proportional in nature to the
building's overall size and add visual interest to the building.
D) Materials: The use of any one material may not dominate the building facade. The use of
wood, brick, and native stone should be used as primary materials and account for greater
than 50 percent of the facade's composition. Alternative materials may be used to support
primary materials so long as the material is consistent with the dimensions, texture, and
other visual characteristics of traditional materials. For concrete, stucco and similar
materials use integral coloring where pigment becomes part of the material and is
uniform throughout.
VII. Binding 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.
[SIGNATURE PAGE TO FOLLOW]
Wolf Furniture
TLZM 2011 -0001
Proffer Statement
Page 5 of 5
STATE OF V i r5 i n a
COUNTY OF Lo de wn ,to wit:
J D PARTNERSHIP
c/o WOLF FURNITURE ENTERPRISES, INC.
Fee Simple Owner of Loudoun County Tax Map
48- H -Zarcel3 and MCPI #188 -18 -6716
By:
Titl Go
Date:
GIVEN under my hand and seal this 2¢4 day of Mol 2011.
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify
that Dpn9los L/e11 as Aenertl Part -her for J &D Partnership c/o
Wolf Furniture Enterprises, Inc., whose name is signed to the foregoing, appeared before me and
personally acknowledged the same in my jurisdiction aforesaid.
4.
SHARON S. POINDEXTER
NOTARY PUBUC
Commonwealth of
Reg Expires 1 �1� 31.20
MY Commission Expires