HomeMy Public PortalAbout1998_09_29_R221 The Town of
Leesburg,
Virginia
RESOLUTION NO. 98-221
PRESENTED September 29, 1998
ADOPTED September 29, 1998
A RESOLUTION:
AUTHORIZING AN AGREEMENT AND APPROVING A
PROFFER AND SPECIAL EXCEPTION CONDITION
GUARANTEE FOR COMPLETION OF IMPROVEMENTS TO
FORT EVANS ROAD
WHEREAS, in the approved rezoning plan for the Leesburg Comer Outlet Center
(#ZM-150), the applicant Chelsea G.C.A. Realty, Inc. ("Chelsea"), proffered specific
public road improvements to Fort Evans Road to be constructed prior to development of
more than 305,000 square feet of uses on the outlet center property; and
WHEREAS, in the approved special exception plan for Uniwest (#SE-98-01), the
applicant Uniwest Construction, Inc. ("Uniwest") accepted conditions requiring specific
public road improvements to Fort Evans Road to be approved and bonded prior to
approval of the first development plan on the shopping center property; and
WHEREAS, Chelsea requests approval of a proffer guarantee for such public
improvements in order to proceed with development of the second phase of the outlet
center exceeding 305,000 square feet; and
WHEREAS, Uniwest requests approval of a special exception condition guarantee
for such public improvements in order to proceed with development of the shopping
center; and
WHEREAS, Section 15.2-2299 and Section 15.2-2286 of the Code of Virginia
authorize the zoning administrator to enforce conditions attached to a special exception
and a zoning map amendment by requiring a guarantee, satisfactory to the governing
body, in an amount sufficient and conditioned upon the construction of any physical
improvements required by the conditions; and
WHEREAS, Section 13-92(a)(3) and Section 13-92(a)(4) of the Subdivision and
Land Development Regulations provide the authority to accept bonding for improvements
proffered as part of any zoning map amendment and special exception condition; and
A RESOLUTION:
-2-
AUTHORIZING AN AGREEMENT AND APPROVING A
PROFFER AND SPECIAL EXCEPTION GUARANTEE FOR
COMPLETION OF IMPROVEMENTS TO FORT EVANS
ROAD
WHEREAS, Section Zoning Ordinance Section 11A-6(9) of the Zoning Ordinance
provides the authority to accept bonding for improvements conditioned as part of any
special exception approval; and
WHEREAS, the Town Council ("Town") has determined that a cash guarantee
satisfies the meaning and intent of Proffer #3(b) of #ZM-150 and Paragraph #1 under
Traffic Impact Study of#SE-98-01, and will ensure the timely completion of the specified
improvements.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I: The Town manager is authorized to execute an Agreement to
guarantee the construction of public road improvements as set forth in Proffer #3(b) of
#ZM-150 and Paragraph #1 under Traffic Impact Study of #SE-98-01 by and between the
Town, Chelsea and Uniwest. Such Agreement shall include the following terms: (a) the
cost of any necessary right-of-way acquisition for Fort Evans Road improvements shall be
the responsibility of the Town; (b) interest earned on the cash guarantee shall be returned
to Chelsea and Uniwest upon completion of the road improvements; (c) the posting of
Two Million Dollars ($2,000,000.00) in cash by Uniwest and Chelsea upon execution of
the Agreement; and (d) return of the cash and interest to Chelsea and Uniwest upon
bonding of the improvements for Fort Evans Road with the Town and the Virginia
Department of Transportation (VDOT); (e) retention of the Cash Escrow in the event that
by the earlier of June 30, 1999, or twelve (12) months following approval of the
development plan and the acquisition of the right-of-way, Chelsea and Uniwest have failed
to post the bond guarantee; and (f) the Agreement is in a form approved by the Town
Attorney.
SECTION II: The Town Manager shall not execute the Agreement, nor shall the
Town be bound thereby, unless the litigation styled "Town of Leesburg vs. International
A RESOLUTION:
-3-
AUTHORIZING AN AGREEMENT AND APPROVING A
PROFFER AND SPECIAL EXCEPTION GUARANTEE FOR
COMPLETION OF IMPROVEMENTS TO FORT EVANS
ROAD
Pavilion Limited Partnership", Law No. 20160, pending in the Circuit Court of Loudoun
County, is fully settled no later than 5:00 p.m. on Friday, October 2, 1998.
PASSED this 29th day of September, 1998.
Clerk of Council
J~nes E. Clem, Mayor
Town of Leesburg
Chelsres