HomeMy Public PortalAbout2016_04_12_R052 Perf Guar for MacDowell The Town of
Leesburg,
Virginia
PRESENTED: April 12, 2016
RESOLUTION NO. 2016-052 ADOPTED: April 12, 2016
A RESOLUTION: AUTHORIZING A PERFORMANCE AND PROFFER COMPLIANCE
AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE
FOR COMPLETION OF AN ON-SITE PRIVATE SAND
CONTAINMENT SYSTEM AND OFF-SITE PUBLIC ROAD
FRONTAGE IMPROVEMENTS FOR THE MACDOWELL PROPERTY
(TLZM-2013-0005)
WHEREAS, in the rezoning identified as TLZM-2013-0005 MacDowell Property
approved by Ordinance No. 2014-0-026 dated September 19, 2014, the applicant/owner Gordon
K. MacDowell proffered to construct a private on-site sand containment system and off-site
frontage improvements along Harrison Street and South Street as shown on the approved plan
and in the proffers; and
WHEREAS, in 2015 the Zoning Administrator determined that certain zoning obligations
were not being met contrary to the approved proffers for TLZM-2013-0005; and
WHEREAS, on February 10, 2016, the Town of Leesburg and Mr. MacDowell entered
into a Settlement Agreement authorized by the Circuit Court for the County of Loudoun to
resolve outstanding zoning issues on the MacDowell Property related to compliance with the
approved plan and proffers; and
WHEREAS, Paragraph No. 5 of the Settlement Agreement specifies that a proffer bond
in the amount of Three Hundred Twenty Thousand Dollars ($320,000.00) for the cost of the
required on-site sand containment system and for the required off-site frontage improvements
shall be posted with the Town no later than May 2, 2016; and
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A RESOLUTION: AUTHORIZING A PERFORMANCE AND PROFFER COMPLIANCE
AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR
COMPLETION OF AN ON-SITE PRIVATE SAND CONTAINMENT
SYSTEM AND OFF-SITE PUBLIC ROAD FRONTAGE IMPROVEMENTS
FOR THE MACDOWELL PROPERTY (TLZM-2013-0005)
WHEREAS, Gordon K. MacDowell, the developer, requests approval of a proffer bond
for such private and public improvements in order to comply with the Settlement Agreement and
to proceed with construction to guarantee compliance with the TLZM-2013-0005 MacDowell
Property approved plan and proffers; and
WHEREAS, Section 15.2-2299 of the Code of Virginia authorizes the zoning
administrator to enforce conditions attached to 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 13-9(a)(3) of the Subdivision and Land Development Regulations
provides the authority to accept a bond for improvements proffered as part of a zoning map
amendment; and
WHEREAS, the zoning administrator believes that a Letter of Credit in a sufficient
amount is satisfactory and will ensure compliance with the Settlement Agreement and the timely
completion of the specified improvements; and
WHEREAS, the developer has requested approval of a Letter of Credit issued by the
Middleburg Bank in the amount of$320,000.00 to guarantee compliance with the Settlement
Agreement and the completion of the proffered on-site sand containment system and the frontage
improvements; and
WHEREAS, the Director of Public Works and Capital Projects and the Zoning
Administrator recommend approval of a Performance and Proffer Compliance Agreement and
acceptance of the Letter of Credit in the amount of$320,000.00 issued by the Middleburg Bank.
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A RESOLUTION: AUTHORIZING A PERFORMANCE AND PROFFER COMPLIANCE
AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR
COMPLETION OF AN ON-SITE PRIVATE SAND CONTAINMENT
SYSTEM AND OFF-SITE PUBLIC ROAD FRONTAGE IMPROVEMENTS
FOR THE MACDOWELL PROPERTY (TLZM-2013-0005)
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The Town Manager shall execute the Performance and Proffer Compliance
Agreement in a form approved by the Town Attorney for the private on-site sand containment
system and the off-site public frontage improvements as shown on the approved plans and
proffers for Ordinance No. 2014-0-026 and as specified in Paragraph No. 5 of the Settlement
Agreement.
SECTION II. A Letter of Credit issued by the Middleburg Bank in the amount of
$320,000.00 is approved as security to guarantee installation of the private on-site sand
containment system and the off-site public frontage improvements as shown on the approved
plans and proffers for Ordinance No. 2014-0-026 and as specified in Paragraph No. 5 of the
Settlement Agreement.
PASSED this 12th day of April, 2016.
4eDavi S. Butler, Mayor
Town of Leesburg
- ATTAT•
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Clerk of CI nc 1
P:\Resolutions\2016\0412 MacDowell Proffer Bond.doc