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2011_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 All prior ordinances in conflict herewith are hereby repealed.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