HomeMy Public PortalAbout1991_01_08_O006ee$ourg in CVirginia
ORDINANCE NO.
91-0-6
PRESENTED January 8, 1991
ADOPTED January 8, 1991
AN ORDINANCE: APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING BY PINNACLE
DEVELOPMENT CORPORATION
WHEREAS, the Town Council approved the Potomac Crossing South Concept Plan/Town Plan
Amendment (now known as Edward's Landin~ on January 24, 1989; and
WHEREAS, on March 17, 1989 Pinnacle Development Corporation applied to rezone 154.9 acres,
32 acres of which were in Loudoun County and required incorporation by boundary line adjustment,
located generally east of Route 15 Bypass and the Potomac River, and north of Edwards Ferry Road from
County R-1 to Planned Residential Neighborhood, PRN, zoning district; and
WHEREAS, this application was received by the Town Council and referred to the Planning
Commission for public hearing, as well as to the Annexation Area Development Policies (AADP) Joint
Policy committee for consideration of the proposed boundary line adjustment; and
WHEREAS, the Planning Commission held a public hearing on June 22, 1989 to consider this
rezoning application with proffers; and
WHEREAS, on November 16, 1989 following an extension of time granted by the applicant, the
Planning Commission recommended denial of #ZM-109 Edwards Landing because of then-unresolved
land use issues; and
WHEREAS, the applicant revised the rezoning plans and proffers to address concerns raised by the
Plann~ Commi~2ion includin~ the overall residential density and proposed townhome layout; and
WHEREAS, the AADP Joint Policy Committee conditionally recommended to the Board of
Supervisors and the Town Council that the requested 32 acre parcel of county land be incorporated into
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ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING
the Town of Leesburg corporate limits by boundary line adjustment on January 11, 1990; and
WHEREAS, the Town Council held a public hearing on January 23, 1990 to consider this rezoning
application; and
WHEREAS, on February 7, 1990 following the hearing, staff formally responded to the
environmental concerns raised, and the applicant addressed the same through further revisions to the
proffers and the rezoning plan; and
WHEREAS, the existing zoning designation for this property changed from County R-1 and FI-ID
to Town R-1 and County FHD as part of the comprehensive zoning revisions adopted April 24, 1990; and
WHEREAS, Town Council and Board of Supervisors both endorsed a joint resolution regarding the
boundary line adjustment; and
WHEREAS, the required boundary line adjustment documents were submitted as advertised to the
Circuit Court of Loudoun County and testimony was given in Court on June 29, 1990; and
WHEREAS, an agreed consent order endorsed by counsel for the Town, the County, and the
applicant was presented to the Court for entry that day but was not signed by the Court at that time;
and
WHEREAS, revised boundary line adjustment documents were subsequently prepared, re-endorsed
by the Board of Supervisors and Town Council on November 13, and November 14, 1990 respectively,
and were again presented to the Court on December 7, 1990; and
WHEREAS, the required boundary line adjustment has been authorized and legally entered; and
WHEREAS, a final joint public hearing was held on December 12, 1990 to consider this application
and the revisions to the Boundary Line Adjustment Agreement; and
WHEREAS, the applicant lms prepared final rezoning plans and notarized proffers for approval as
part of this application and in accordance with the conditions set forth by the AADP Joint Policy
Committee; and
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ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING
WHEREAS, the proposed PRN zoning is consistent with the Town Plan goals and policies for this
area and is compatible with surrounding zoning and development; and
WI-IE~, this rezoning request is in the interest of public necessity, convenience, general welfare,
and good zoning practice:
THEREFORE, BE IT ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-109, Edwards Landing by Pinnacle Development
Corporation is hereby approved and the Leesburg Zoning District Map is hereby amended from R-l,
Residential to PRN, Planned Residential Neighborhood subject to the following proffers dated December
12, 1990 in accordance with the provisions of Section 15.1-491(a) of the 1950 Code of Virginia as
amended for the 154.59 acres identified as Loudoun County Tax Map Parcels 49-1F, 49-1H, 49-1I and
49-1 to allow for development of a msximum of 407 residential units with a net density of 2.62 dwelling
units per acre:
The Applicant shall dedicate appro~imstely fifty-five feet (55') of right-of-way north of the existing
centerline of Edwards Ferry Road, possessing sufficient width to accommodate construction of a one-
hag section of a four-lane divided road section thereon, along the Edwards Ferry Road frontage of
the Subject Property possessing appro~imstely one thousand two hundred feet (1,200') in length.
Additionally, the Applicant shall dedicate approximately fifty-five feet (55') of right-of-way north of
the existing centerline of Edwards Ferry road, possessing sufficient width to accommodate
construction of a one-half section of a four-lane divided road section thereon, along the Edwards
Ferry Road frontage of the commercially zoned parcel owned by the Applicant located between the
Subject Property and the commercial zoned parcel proposed for development of the Fort Evans
(Pence Friedel) shopping center, possessing six hundred feet (600') in length. Dedication of both
above-referenced right-of-way sections shall take place at time of record subdivision plat approval
for the Edwards Landing townhouse section fronting on Edwards Ferry Road, shall be free and
clear of all liens and encumbrances, shall be accomplished by doc~ments and forms approved by
the Town Attorney, and shall be to the Town of Leesburg (the "Town").
The Applicant shall construct a one half (1/2) section of a four lane divided road section along the
two Edwards Ferry Road frontage dedication areas (1,200' and 600' frontage lengths, respectively)
referenced in Proffer 1, above. All road construction shall be in conformance with VDOT and Town
standards and shall be accomplished concurrent with the build-out and development of the Edwards
Landing townhouse section fronting on Edwards Ferry Road. Such road construction shall begin
immediately subsequent to issuance of the first zoning permit for the Edwards Landing townhouse
section fronting on Edwards Ferry Road and shall be completed prior to issuance of the last zoning
permit for this townhouse sectior--
3. The Applicant shall contribute to the Town a monetary sum in the amount of Two Hundred
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ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING
Dollars ($200.00) per residential unit ~mmediately prior to the issuance of each residential unit
zoning permit. These contributions shall be non-refundable and shall be placed by the Town in
a fund for the development of public facilities at Ida Lee Park as the Town deems appropriate.
The Applicant shall dedicate to the Town or its designee the approximately 31.63-acre area shown
generally as "Public Open Space" on Sheet 7 of 16 of the Concept Development (Rezoning) Plan and
as specified by metes and bounds in the Boundary Line Agreement (Annexation) Plat, dated May
4, 1990. Dedication of this "Public Open Space" shall take place no later than the thirty-first (31st)
day after £mal rezoning approval subsequent to a determination that no appeals or lawsuits have
been £ded contesting the final rezoning approval. Dedication shall be free and clear of all liens and
encumbrances with the exception of the recorded open space easement on the "Public Open Space"
area and shall be accomplished by documents and forms approved by the Town Attorney which
shall provide for minor post-dedication adjustments to the dedication line to be conducted at time
of subdivision plat preparation for those lots adjacent to the "Public Open Space" area if required.
The Applicant shall design and construct the following public recreational facilities listed below, the
total cost of which shall not exceed One Hundred Thousand dollars ($100,000.00), in the area
shown generally as "Public Open Space" on Sheet 7 of 16 on the Concept Development (Rezoning)
Plan:
a twenty (20) car all-weather parking lot, constructed with either asphalt or gravel as
determined by the Town during the site plan review, and access road with curb and gutter,
b. a picnic pavilion or shelter with concrete flooring,
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a woodchip trail leading to and from the Potomac River as shown on Sheet 7 of 16 on the
Concept Development (Rezoning) Plan which shall possess a minimum width of six feet (6'),
an access control structure, limiting public access to the "Public Open Space" area, as
determined by the Town during site plan review, and
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appropriate signage, as determined by the Town during site plan review, identifying the
above-referenced public recreational facilities.
A site plan and design plans for the above-referenced public recreational facilities shall be submitted
with construction plans for those residential dwelling units adjacent to the "Public Open Space" area
and shall be subject to review and approval by the Town Director of Parks and Recreation.
Construction of the above-referenced public recreational facilities shall commence when the base
paving layer of asphalt is laid on Woods Edge Road adjacent to the ~Public Open Space" area and
shall be completed within eight (8) months thereafter.
The Applicant shall design and construct the following private recreational facilities in the area
located at the northwestern quadrant of the intersection of Edwards Ferry Road and the Battlefield
Parkway as shown generally on Sheets 6 and 11 of 16 on the Concept Development (Rezonin~
Plan:
a six-lane, twenty-five meter swlmmirlg pool, possessing a minimum of 3,200 square feet
in area,
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ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING
b. a shallow wading pool for ~mAll children, possessing a mirdm~Jm of 500 square feet in area,
a tot lot, possessing a mioimum of 4,000 square feet in area and possessing the following
play equipment structures as identified on Sheet 13 of 16 of the Concept Development
(Rezoning) Plan, one 4-person swing set; one play system to include spiral slide, sliding pole,
tire swing, chinning bar, horizontal ladder, and wood arch climber; one "whirl" play
structure; three or four benches as deemed appropriate during site plan review,
a clubhouse with lockers, shower facilities, storage area, and small office/reception area,
possessing a minimum of 2,500 square feet in area,
two tennis courts constructed of asphalt base with "Har-tru" surface treatment materials,
and
f.
asphalt paved parking facilities for forty-two (42) automobiles with a twelve foot (12') wide
emergency access cartway leading from the parking lot to the clubhouse/swimming area pool
concourse.
Vegetative screening, landscaping and light berming shall be provided as shown generally on Sheets
6 and 11 of 16 on the Concept Development (Rezoning) Plan and Town-approved perimeter fencing
around the "Recreation Area" shall be provided as determined during site plan review. Design plans
for the above-referenced recreational facill'ties shall be submitted with construction plans for those
townhouse units adjacent to the "Recreation Area" and shall be subject to review and approval by
the Town Land Development Official. Construction of the above-referenced private recreational
facilities shall commence prior to the issuance of the eightieth (80th) zoning permit and shall be
completed within eight (8) months thereafter.
The Applicant shall contribute to the Town a monetary sum in the amount of One Thousand Three
Hundred Fifty Dollars ($1,350.00) immediately prior to the issuance of each residential zoning
permit toward the construction of regional roadway improvements. All contributions shall be paid
into an "Off-site Roadway Improvement Fund" and shall be non-refundable except as provided in
Proffers 9 and 23, below.
The Applicant shall dedicate sufficient right-of-way, possessing approximately one hundred twenty
feet (120') in width, generally, and approximately one hundred forty feet (140') in width near the
intersection of Battlefield Parkway and Edwards Ferry Road, as required for the construction of the
planned four lane divided Battlefield Parkway as shown generally on Sheets 5 and 6 of 16 on the
Concept Development (Rezoning) Plan. Dedication shall take place at time of record subdivision
plat approval for those residential development sections adjacent to Battlefield Parkway, shall be
free and clear of all liens and enctunbrances, shall be accomplished by documents and forms
approved by the Town Attorney, and shall be to the Town.
The Applicant shall construct the full four lane divided section of Battlefield Parkway from the
northern boundary line of the Subject Property to the southern boundary line of the Subject
Property in eonformAr~ce with all Town and VDOT standards as shown generally on Sheets 5 and
6 of 16 on the Concept Development (Rezoning) PlarL Two lanes of the four-lane divided section
shall be constructed concurrent with build-out and construction of those residential development
sections adjacent to the Battlefield Parkway dedication area specified in Proffer 8, above. Such road
construction shall begin immediately subsequent to issuance of the first zoning permit for those
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ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING
residential sections adjacent to the Battlefield Parkway dedication area specified in Proffer 8, above
and shall be completed prior to issuance of the last zoning permit for these residential sections.
The construction of the remaining two lanes and raised median dividers shall be completed prior
to final bond release or issuance of the four hundred seventh (407th) Certificate of Occupancy,
whichever occurs first. Construction of the f'mal two lanes and the raised medi-n dividers shall be
deemed to bo "off-site roadway improvements" and there shall be given a direct dollar-for-dollar
credit against contributions made to the "Off-site Roadway Improvement Fund" pursuant to Proffer
7 above, for those construction costs incurred in the construction of the final two lanes and the
raised median dividers.
10.
The Applicant shall provide berming and landscaping, as shown generally on the Concept
Development (Rezoning) Plan, along all major public road frontages to provide for screening and
buffering of parking areas, rear yards, and the recreation area, as approved by the Town.
11.
The Applicant shall provide a six-foot (6') wide natural woodchip trail in the stream valley of Cattail
Branch to provide access to this environmental q, mllty corridor as shown generally on the Concept
Development (Rezoning) Plan and as approved by the Town. Construction of this natural woodchip
trail shall be commenced during development of those residential dwelling units immediately to the
west of Cattail Branch in accordance with the "Phasing Plan" attached as Sheet 8 of 16 on the
Concept Development (Rezoning) Plan and shall be completed concurrent with construction of the
public recreational facilities referenced in Proffer 6, above.
12. Signage provided along public road frontages shall be subject to Town approval and shall conform
generally to signsge plans included as Sheet 16 of 16 on the Concept Development (Rezoning) Plan.
13.
Development of residential units on the Subject Property shall be accomplished in general
conformance with the "Phasing Plan" attached as Sheet 8 of 16 on the Concept Development
(Rezoning) Plan. The Applicant shall be permitted to engage in or complete residential construction
activities in any or all phase sections so long as "Phase One' is commenced prior to "Phase Two,"
"Phase Two" is commenced prior to "Phase Three," and "Phase Three" is commenced prior to "Phase
Four."
14.
The external facades of residential units constructed on the Subject Property shall be in general
accordance with the "Building Architecturals" as shown generally on Sheets 14 and 15 of 16 of the
Concept Development (Rezoning) Plan as determined by the Town l~nd Development Official. In
addition, the Applicant shall construct all residential units in conformance with the following
architectural restrictions:
all single-family detached dwelling units which have a chimney shall have a masonry
chimney,
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a minimum of twenty percent (20%) of aH townhonses and single family detached dwelling
units shall have brick frontage facades,
a minimum of one (1) upgrade facade option shall be offered on each townhonse unit as
determined by the Applicant which shall include, but not be limited to, dormers, col-runs,
maaonry facades, bay windows, windows lintels, or front porch/entry features, and
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ORDINANCE - APPROVING THE REZONRqG APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING
no more than two (2) units of the same architectural style will be located adjacent to each
other.
15.
The Applicant shall design and construct all on-site stormwater management facilities in accordance
with Best Management Practices (BMP's) as defmed in the Virginia Siltation and Erosion control
Handbook. The Applicant shall design and construct at least one of the on-site stormwater
marmgement facilities as a "wet" BMP facility providing that adequate stormwater flows are found
to exist in a quantity which would allow for the feasible design, construction, and operation of a
"wet" BMP facility during site plan review. Should a "wet" BMP facility be constructed, the
Applicant shall post a warning sign and shall construct an interior perimeter terrace or "bench"
beneath the calculated waterline in order to provide additional safety. Should the Town adopt an
ordinance mandating the erection of perimeter fencing around "wet" stormwater management
facilities prior to final bond release, the Applicant shall install such perimeter fencing as required
by the ordinance.
16.
The Applicant shall use best efforts to preserve specimen monarch deciduous trees in all open space
areas and shall /.de Grading and Tree Preservation Plans concurrent with each and every
Preliminary Subdivision Plat submission, which shall be subject to review and approval of the Town
Land Development Official.
17.
The Applicant shall refrain from grading activities in all open space areas possessing slopes greater
that twenty-five percent (25%) except as required for construction of public roads and stormwater
management facilities and ins(~llation of infrastructure and public utility facilities, including, but
not limited to sanitary sewer and water lines.
18. The Applicant shall £fle a traffic study and intersection analysis concurrent with the ~ing of the
first preliminary subdivision plat for the Edwards Landing development.
19.
The Applicant shall provide a vegetative buffer, at least fifty feet (50') in width, adjacent to the
proposed Fort Evans (Pence Friedel) Shopping Center, with plantings as required by Section 9A
of the Zoning Ordinance of the Town of Leesburg for an "S-3" screen, as shown generally on Sheet
5 of 16 on the Concept Development (Rezoning) Plan and shall use best efforts to preserve monarch
cedar trees existing in the aforesaid 50-foot screening areo~
20.
All monetary contributions stated in these proffers shall be subject to adjustment from the date of
/'mai rezoning approval at a rate equal to any fluctuations in the Consumer Price Index (C.P.L) from
the date of/'mai rezoning approval.
21. The Applicant shall pay all administrative costs associated with the Boundary Line Adjustment
including plat preparation,/'ding fees, reasonable attorney's fees, and advertising costs.
22.
The Applicant shah dedicate the approximately 0.65-acre area shown generally on Sheet 7 of 16 on
the Concept Development (Rezoning) Plan as "Pump Station" and shall dedicate free and clear of
all liens this area to the Town on forms and documents approved by the Town Attorney at time
of subdivision plat approval for the residential section immediately adjacent to the "Pump Station".
23.
The Applicant shall install a pedestrian-activated traffic signalization device at the intersection of
Battlefield Parkway and Woods Edge Road as shown generally on Sheet 6 of 16 on the Concept
Development (Rezoning) Plan. Twenty-five percent (25%) of the cost and installation expense of
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ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING
this pedestrian-activated traffic sig~all,.ation device shall be deemed to be an TOff-site Roadway
Improvement Fund" pursuant to Proffer 7, above, for twenty-five percent (25%) of the costs and
expenses incurred in the installation of this pedestrian-activated traffic signalization device. The
remaining seventy-five percent (75%) of the cost and installation expense shall be deemed to be an
TOn-site Roadway Improvement" and shall not count as any credits against the TOff-site Roadway
Improvement Fund." This installRtion shall be accomplished no later than completion of
construction of the £mal two remsining lanes of Battlefield Parkway pursuant to Proffer 9, above.
24. In the event a fire station site, adjacent to the Subject Property and possessing approximately 1-
112 acres, is not chosen and approved for use by the Leesburg Volunteer Fire Department and
dedicated to the Leesburg Volunteer Fire Department, the applicant shall contribute to the Leesburg
Fire and Rescue Department fund a monetary sum in the amount of One Hundred Dollars
($100.00) at time of issuance of each zoning permit.
25. These proffers are entered into voluntarily by the Applicant, shall apply to the Applicant's
successors-in-interest, and are contingent upon the Town approving a rezoning of the Subject
Property to the PRN zoning district, the Concept Development (Rezoning) Plan, and the requested
Zoning Ordinance Modifications, special exceptions, and variations referenced in the Concept
Development (Rezoning) Plan.
SECTION II. Joint Resolutions 90-291 and 90-292 of Loudoun County in Virginia and The Town
of Leesburg in Virginia; adopting a boundary line adjustment and authorizing publication of a revised
corporate boundary for the Town of Leesburg, Virginia, and modifying the Annexation Area Development
Policies shall be made an official part of the record of this rezoning approval.
SECTION IH. The Zoning Administrator shall amend the Leesburg Zoning District Map to reflect
the revised Corporate Limits as generally depicted on a Plat entitled, TPlat Showing Boundary Line
Adjustment, Board of Supervisors - County of Loudoun, Town Council - Town of Leesbur~' prepared by
Patton, Harris, Rust & Associates and dated May 4, 1990 as revised June 7, 1990; and as more
partic~,lRrly described in a legal description of metes and bounds entitled "Description of the Property of
Pinnacle-Ryan Associates, Catoctin Election District, Loudoun County, Virginia" as prepared by Patton,
Harris, Rust and Associates.
SECTION IV. In accordance with Section 740.3.2(c)(2) of the Loudoun County Flood Hazard
District regulations as adopted and administered for all properties annexed by the Town of Leesburg,
a special exception is hereby granted to allow a public street crossing within the Cattail Branch
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ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING
DISTRICT MAP FOR #ZM-109 EDWARDS LANDING
Floodplain. The regulations of the FHD, Flood Hazard District shall apply to this property as
appropriate, in addition to the adopted PRN zoning.
SECTION V. Development of the property shall be in conformance with the rezon~ng concept plan
notes and sheets dated April, 1990 as prepared by Patton, Harris, Rust & Associates. Variations to
Sections 13-73(j) and 13-75(c)(2)((d)) of the Subdivision and T~nd Development Regulations are hereby
granted to allow a public cul-de-sac to be over 600 feet, and to allow thirty-eight (38) townhouses to be
served on a private parking court respectively. However, rezoning concept plan approval is tentative, and
the f'mal plat and construction drawings are subject to all other terms and conditions of the applicable
subdivision and zoning ordinances as well as Town engineering and construction standards. Also,
rezoning concept plan approval does not express or imply any waiver or modification of the requirements
set forth except as specifically cited by ordinance section and paragraph in the motion for approval of this
rezoning. Finally, housing density may be decreased below the rns~.imum approved if necessary to
provide, in the general locations indicated, all public facilities and proffered items to the appropriate
Town standards.
SECTION VI.
PASSED this
ATTEST:
This ordinance shall be effective upon its passage.
8th day of January .,1991.
Robert E. Sevila, Mayor
Town of Leesburg
Clerk of Co.~
STATEMENT OF Ih'TENT
Pinnacle-Ryan Associates, the record owner of Loudoun County
Tax Map Parcels 49-1F, 49-1H, 49-1I, and 49-1 and rezoning
applicant in the Edwards Landing rezoning application (ZM-109), has
been advised by the Town of Leesburg of the long-range need for a
fire station site, possessing approximately i 1/2 acres, in the
northeastern sector of the Town of Leesburg. While both Pinnacle-
Ryan Associates and the Town agree that the need of such a site is
not generated solely by the Edwards Landing rezoning and instead is
needed to serve existing and planned development east of State
Route 15, Pinnacle-Ryan Associates hereby expresses its commitment
to reserve for dedication to the Leesburg Volunteer Fire Company a
I 1/2-acre site, located in the northeastern sector of the Town of
Leesburg within or adjacent to the Edwards Landing project, for
use as a fire and rescue facility. The location of this I 1/2-acre
site is identified on the map attached hereto as Exhibit A.
In accordance with this reservation, Pinnacle-Ryan Associates
shall dedicate the 1 1/2-acre site to the Leesburg Volunteer Fire
Department at such time as the Leesburg Volunteer Fire Department
makes its final decision to construct a fire station on the i 1/2-
acre site and obtains an approval, pursuant to Section 15.1-456 of
the Code of Virginia (1950), as amended, authorizing this public
facility, providing that these actions occur within two (2) years
of final rezoning approval. Should these actions not occur within
two (2) years of final rezoning approval, this reservation for
dedication shall become null and void. This dedication shall be
independent of and unrelated to the Edwards Landing rezoning
application and proffers rendered therein and shall be accomplished
by Deed of Gift.
Permanent access to the aforesaid i 1/2-acre site shall be via
Battlefield Parkway. Pinnacle-Ryan Associates will, however, grant
a temporary access easement at time of dedication, to allow for
access from the aforesaid i 1/2-acre site to Edwards Ferry Road,
until permanent Battlefield Parkway access is established.
Pinnacle-Ryan Associates also agrees that it will provide for
asphalt paving of a two-lane driveway within the temporary access
easement area if Battlefield Parkway access is not established to
the I 1/2-acre site within three (3) years of final rezoning
approval, providing that such asphalt paving shall not be required
if, upon expiration of this three-year period from date of
rezoning, the Leesburg Volunteer Fire Company does not have funding
to allow for the immediate commencement of construction activities
for the new fire and rescue facility. This dedication shall also
provide that the fire and rescue facility to be constructed on the
i 1/2-acre site shall be architecturally compatible with the
surrounding Edwards Landing Development and that there shall be no
building-mounted sirens installed on the facility or its related
structures.
Pinnacle-Ryan Associates also commits to perfo~ either
cutting or filling operations on the aforesaid i 1/2-acre site to
ameliorate the differential in existing grade between the i 1/2-
acre site and Battlefield Parkway if the final grading plans for
Battlefield Parkway require the use of either cut or fill taken
from the I 1/2-acre site. These cutting or filling operations
shall be conducted during construction of Battlefield Parkway which
shall be accomplished as specified in Proffer 9, above.
Pinnacle-Ryan Associates commits to work in good faith with
the Town and its attorneys toward consummation of all necessary
agreements pertaining to this proposed dedication and hopes that
these necessary agreements may be executed by all proper parties
promptly and as soon as possible following approval of the Edwards
Landing rezoning application by the Town Council.
PINNACLE-RYAN ASSOCIATES
By: Pinnacle Development Corporation
By: Ger~ld-$trasbaugh~ Pres~ ~v I
STATE OF VIRGINIA
COUNTY OF ~4~9~N, to-wit:
I, the undersigned notary public, in and for the state and
county aforesaid, do hereby certify that GERALD STRASBAUGH, as
President of Pinnacle Development Corporation, whose name is signed
to the foregoing document on behalf of the corporation, appeared
before me and personally acknowledged the same in my jurisdiction
aforesaid.
GIVE~ under my hand and seal this /P ~day of ~
1990.
· Notary Public
My Commission Expires:
..OPEN SPACE AREA
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