HomeMy Public PortalAbout1998_10_13_R233 The Town of
Leesburg,
Virginia
RESOLUTION NO.
98-233
PRESENTED October 13, 1998
ADOPTED October 13, 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 g3(b) of gZM-150 and Paragraph gl under
Traffic Impact Study of gSE-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:
The Town manager is authorized to execute the Agreement attached hereto to
guarantee the construction of public road improvements as set forth in Proffer g3(b) of
gZM-150 and Paragraph gl under Traffic Impact Study of gSE-98-01 by and between the
Town, Chelsea and Uniwest. The Agreement is in a form approved by the Town
Attorney.
PASSED this 13th day of October, 1998.
Clerk of Council
J~s E. Clem, Mayor
Town of Leesburg
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