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HomeMy Public PortalAbout1995_12_12_O032 ZM 147 Potomac Station - Formerly Harper ParkThe Town of Leesburg, .rglma ORDINANCE NO. AN ORDINANCE: SUBST'ITUTE PRESENTED December 12, 95-0-32 ADOPTED December 12, APPROVING REZONING APPLICATION #ZM- 147 POTOMAC STATION PRC (FORMERLY HARPER PARK) TO AMEND THE EXISTING PROFFERS AND CONCEPT PLAN ESTABLISHED FOR #ZM-134 HARPER PARK PRC BY GOOSE CREEK COMMUNITIES, L.L.C., TMB SERVICE CORPORATION, AND THE TOWN OF LEESBURG WHEREAS, on June 14, 1994, the Town Council approved rezoning application #ZM-134 Harper Park PRC, with proffers; and WHEREAS, on November 28, 1995, the Town Council and Planning Commission held a joint public hearing to consider rezoning application #ZM-147 Potomac Station PRC (formerly Harper Park) to amend the existing proffers and concept plan for #ZM-134 Harper Park PRC; and WHEREAS, on November 30, 1995, the Planning Commission recommended approval of #ZM- 147 Potomac Station Proffer and Concept Plan Amendment to #ZM-134 Harper Park conditioned upon the applicant's satisfactory resolution of outstanding School Board concerns; and WHEREAS, these amendments are necessary to accommodate dedication of the Potomac Station Middle School site; and WHEREAS, the request is in the interest of public necessity, convenience, general welfare and good zoning practice. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I: Rezoning application #ZM-147 Potomac Station PRC Proffer and Concept Plan Amendment by Goose Creek Communities, L.L.C., TMB Service Corporation, and the Town of Leesburg is hereby approved. Pursuant to Section 15.1-491 et seq. of the Code of Virginia of 1950, as amended, and Section 13A-12 of the Zoning Ordinance of the Town of Leesburg (the "Town"), Goose Creek Communities, L.L. C., a Virginia limited liability company, and TMB Service Corporation, a Kansas Corporation, on behalf of The Mission Bank, together with their successors and assigns (hereinafter collectively referred to as the "Applicant"), who are the applicants herein and are collectively the owners of approximately 270.15 1995 1995 AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK acres of land described as Tax Map 49, ((3)) Parcels 1, 7A and 7B, and Tax Map 49, Parcels 27D1, 27D2, 27D3, and 37B! in the Loudoun County tax records (collectively the "Property") and who are seeking approval by the Town of rezoning of the Property to the PRC Zoning District, together with approval of a special use for "MC" uses in the Mixed Use Center portion of the project, hereby submit the following voluntary proffers which supersede all prior proffers and which are contingent upon Town approval of all the above-described actions. Except to the extent the proffers are modified herein, the pre-existing Proffers dated June 7, 1994, and accepted pursuant to Town Ordinance No. 94-0-2! adopted June 14, 1994, shall remain in full force and effect. Permitted Uses and Development Density. When the Town adopts an ordinance approving the rezoning of the Property to the PRC zoning category and approves a special use for MC uses in the Mixed Use Center portion of the project, the Property may be developed with any of the uses described in Section 6A-16(2) of the Town Zoning Ordinance and, in the Mixed Use Center portion of the Property, any of the "M- C'' uses defined in Section 4F of the Zoning Ordinance as is permissible under Section 6A-16(3) of the Zoning Ordinance. No more than 752 total dwelling units shall be developed on the Property in the approximate locations set forth on the rezoning plan attached hereto as Exhibit "A" (hereinafter referred to as "Plan A"), which is incorporated herein by reference. Up to 466,286 square feet on any of the uses listed in Section 6A-16(2)C of the Town Zoning Ordinance may be developed on the Mixed Use Center portion of the Property. At least 400,000 square feet non-residential uses shall be developed on the Property with the understanding that any governmental or medical facilities, or other non-habitable structures shall be counted to satisfy the proffered commitment to develop at least 400,000 square feet of non-residential uses on the Property. Notwithstanding the foregoing, public school buildings which may be constructed on the Property will not count towards satisfaction of the 400,000 square foot construction requirement. The Property shall be developed in accordance with the Town Zoning and Land Development regulations in effect at the time of approval of ZM-134 and shall be in substantial conformity with Plan A, which shall control the density, use general layout, and general configuration of the Property, with reasonable allowances to be made for engineering and design alteration to meet Town zoning, subdivision and land development regulations. The Applicant reserves the right to locate the types of residential product illustrated and listed on Plan A in locations other than illustrated in Plan A. The percentage of units developed on the Property may range between 45 to 50% for single-family detached units, between 30 to 35% for single-family attached units, and between 15 to 20% for multi-family units so long as no more than 752 total dwelling units are developed on the Property. Roadway Improvements. In accordance with the Transportation Plan attached as Exhibit "B" and incorporated herein by reference, as portions of the Property are approved for a record subdivision plat or a final development plan, the Applicant will dedicate and construct or bond the portion of the road improvements described below which are AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK reasonably related to and are located on or are adjacent to such portions of the Property. As illustrated on Exhibit B and Figure C1, all residential uses illustrated on Plan A may access East Market Street via the interim Route 653 access shown on Plan A without construction of any portion of Battlefield Parkway. The proffered roadway improvements will include acceleration, deceleration, and turn lanes which are required to provide safe access for development on the Property and will be constructed in accordance with Town and VDOT roadway standards. Except as herein provided, all roadway improvements described in this Proffer Two will be constructed on land dedicated in fee simple by the Applicant without compensation and will be free of all liens and encumbrances. ao Prior to issuance of the first zoning permit for any non-residential uses on MXD Parcel B, the Applicant will dedicate on hundred twenty (120) feet of right-of- way between Stone House Drive and Fort Evans Road as illustrated on Plan A and sixty (60) feet of right-of-way between East Market Street and Stone House Drive as illustrated on Plan A, and will bond or construct the eastern two lanes of a four lane divided roadway in a sixty (60) foot right-of-way for Battlefield Parkway from East Market Street to and including its intersection with Stone House Drive in the approximate location shown on the Transportation Plan. Prior to issuance of the first zoning permit for any non-residential uses on MXD Parcel A, the Applicant will bond or construct four lanes of a four land divided roadway in a one hundred twenty (120) foot right-of-way for Battlefield Parkway from the Stone House Drive intersection to Fort Evans Road in the approximate location show on the Transportation Plan. In the event that MXD Parcel A is developed with any residential uses, then prior to approval of the first record plat or final development plan for such portion of MXD Parcel A, the Applicant will dedicate the eastern sixty (60) feet of right of way for Battlefield Parkway from Stone House Drive to Fort Evans Road, and will bond or construct the eastern two lanes of such portion of Battlefield Parkway. Prior to approval of the first record plat for Townhouse Parcel A, the Applicant will dedicate the western sixty (60) feet of right-of-way for Battlefield Parkway from Stone House Drive to Fort Evans Road and will bond or construct the western two lanes of such portion of Battlefield Parkway. Prior to issuance of a zoning permit for any non-residential uses on the Mixed Use Center portion of the Property, the Applicant will bond or construct improvements at the proposed intersection of East Market Street with Battlefield Parkway as generally shown on Exhibit B and Figure C2 attached hereto which will conform to VDOT and Town requirements and will include a new median crossover on Route 7, eastbound and westbound through lanes at such intersection, separate turn lanes to access the Property, and signalization when warranted by VDOT and the Town due to development of the Mixed Use Center portion of the Property. No direct access to Battlefield Parkway will be permitted fi'om any portion of the Mixed Use Center or Townhouse Parcel A. bo Prior to approval of the first record plat for a particular development parcel illustrated on Plan A, the Applicant will bond or construct the portion of the roadway improvements located on or contiguous to such development parcel which will include the following: (i) two travel lanes in a 70 foot wide right-of- way and necessary turn lanes at intersections, which shall be designed to Town specifications, for the portions of Stone House Drive from Route 653 Extended to the Keystone Drive entry to the Twin Lakes property (Parcel 27A, TM 49) as AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK shown on Exhibit B; (ii) four lanes of a four lane divided roadway in a 90 foot dedicated right-of-way for Stone House Drive from the Twin Lakes entrance across the Twin Lakes property in the approximate location shown on that certain approved preliminary development plan by Kamber Engineering dated December 8, 1988, to Battlefield Parkway; and (iii) the northern half section of a four lane divided roadway in a 90 foot dedicated right of way (45 feet of which is to be dedicated by the Applicant) for Stone House Drive from Battlefield Parkway west to the western edge of the Property. The alignment of Stone House Drive illustrated on Plan A is approximately shown and may be shifted at the time of preliminary subdivision or development plan approval by the Town north or south of the drainage channel which traverses the Property. Co Prior to approval of the first record plat for residential units on development parcels A, B, or C illustrated on Plan A, the Applicant: (i) shall bond or construct four lanes of a four lane divided roadway in a 120 foot dedicated right- of-way for the portion of Route 653 from the northern edge of the right-of-way of East Market Street, north to Stone House Drive; (ii) shall conduct a preliminary design study, which shall be without cost to the Town and which shall utilize a standard engineering methodology acceptable to the Town and VDOT, to analyze the amount of land required for construction of the northwest quadrant of the Route 653 and East Market Street Interchange in the approximate location shown on Plan A; (iii) shall dedicate up to seven (7) acres of such portion of the Property to the Town, County or VDOT for construction by others of such portion of the interchange, which shall include any slopes necessary for access ramp construction and easements necessary for maintenance and construction; (iv) shall dedicate one hundred twenty (120) feet of right-of- way from East Market Street to Stone House Drive as approximately shown on Plan A for construction by others of a ramp and bridge for proposed Route 653 across East Market Street, and (v) shall bond or construct improvements to the existing Route 653/Route 7 intersection which shall conform to VDOT requirements, and which shall include a right turn lane from westbound Route 7 to northbound Route 653, an extension of the existing east bound left turn lane from eastbound Route 7 to northbound Route 653, an extension of the Route 7 eastbound right turn lane for through traffic with lane transition at the existing golf course entrance, a separate Route 7 westbound through lane at the existing traffic signal, and signal modifications warranted by VDOT for the Route 653/East Market Street intersection. do Prior to approval of the first record plat for development upon an adjacent development parcel as illustrated on Plan A, the Applicant will dedicate without compensation forty-five (45) feet of right-of-way for the southern half section of a four lane divided roadway for Fort Evans Road along adjacent portions of the Property from Battlefield Parkway east to the eastern property line and will bond or construct the southern two lanes of a four lane divided roadway in a forty-five (45) foot right-of-way of Route 773, Fort Evans Road, along adjacent portions of thc Property from Battlefield Parkway to the eastern edge of MXD Parcel A. Prior to approval of the first record plat for development upon adjacent portions of the Property located west of Battlefield Parkway, the Applicant will dedicate without compensation thirty-five (35) feet of right-of-way for the southern two AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK construction of regional transportation improvements supporting such residential uses on the Property. Subject to the limitations set forth below, this donation shall be in the form of non-refundable cash contributions or bonded commitments, which shall be paid into an account established by the Town (hereinafter "Transportation Improvement Fund") for the purpose of financing construction of regional transportation improvements. The Applicant shall make such payments to the Town immediately prior to issuance of each zoning permit in the amount of One Thousand Five Hundred Forty Dollars ($1,540.00) for every single family detached home, Nine Hundred Thirty-Nine Dollars ($939.00) for every single family attached home, and Eight Hundred One Dollars ($801.00) for every multi-family unit constructed on the Property. The Applicant agrees to contribute up to Eight Hundred Forty-Seven Thousand Ninety-Four Dollars ($847,094.00) (based on a projection of 266,286 gross square feet of office uses at $1.679 per gross square foot and 200,000 gross square feet of retail uses at $2.00 per gross square foot), under the terms and conditions stated hereinafter, as its pro-rata share toward the construction of regional transportation improvements supporting such commercial and office uses on the Property. Subject to the limitations set forth below, this donation shall be in the form of non-refundable cash contributions or bonded commitments, which shall be paid into the Transportation Improvement Fund. The Applicant shall make such payments to the Town immediately prior to issuance of such zoning permit for the individual buildings actually constructed on the Property. Notwithstanding the above, no payments under this paragraph shall be required for any buildings to be devoted to uses such as non-profit or HOA-owned buildings, non-profit health care buildings, or any form or kind of governmental facility. Credits Toward the Transportation Improvement Fund. In the event the Applicant dedicates land or constructs or causes to construct regional transportation improvements, then to the extent of the value of such land or the improvements or monies so provided, there shall be given a direct dollar for dollar credit against contributions made to the Transportation Improvement Fund. The cost of the regional transportation improvements shall include: dedicated land, governmental permit fees, bonding costs, construction costs and utility construction or relocation costs. In the event the Applicant makes the contributions required above by bonded commitments and then constructs the regional transportation improvement itself, the aforesaid bonded commitments shall be released or not renewed as appropriate so long as the monies secured by the bonded commitments are expended toward regional transportation improvements. Contributions of real property shall be valued at Two Dollars ($2.00) per gross square foot and shall be first credited toward satisfaction of the obligations for contributions proffered for the residential units described above in Paragraph Three. The following improvements shall be credited towards satisfaction of the Applicant's Transportation Improvement Fund obligations: The cost of construction and the value of the underlying right-of-way for the western half section of Battlefield Parkway from Stone House Drive to Fort Evans Road. The value of thc underlying right-of-way for the southern half section of Fort Evans Road from Mixed Use Center Parcel A to the eastern edge of the Property. AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK lanes of a four lane undivided roadway for Fort Evans Road, will bond or construct the southern two lanes of a four lane undivided roadway in a thirty-five (35) foot right-of-way of Route 773, Fort Evans Road, from Battlefield Parkway west to the western edge of the Property, and will dedicate additional right-of- way and pavement for construction of a transition from a divided to an undivided roadway for the portion of Route 773 that is west of Battlefield Parkway. eo Prior to approval of a final development plan for MXD Parcel B, the Applicant: (i) will analyze the distance between the proposed Stone House/Battlefield Parkway intersection and the proposed East Market Street/Battlefield Parkway intersection to determine whether safe traffic weaving movements on Battlefield Parkway may be made between such intersections; (ii) will conduct a preliminary design study at no cost to the Town to analyze the amount of Property required for construction by others of the northeast quadrant of the Battlefield Parkway and East Market Street Interchange in the approximate location shown on Plan A; and (iii) will dedicate without compensation up to eight (8) acres of such portion of the Property to the Town or VDOT for construction by others of such portion of the interchange, which shall include any slopes and easements necessary for access ramp construction and maintenance. As warranted by VDOT or the Town due to development on the Property, the Applicant will bond or construct traffic signalization for the following intersections: 2. 3. 4. 5. o Route 7 and Route 653; Route 653 and Stone House Drive; Route 7 and Battlefield Parkway Battlefield Parkway and Stone House Drive; Fifty percent of the signal at Fort Evans Road and Battlefield Parkway; and Other intersections along Stone House Drive when such signalization is warranted due to development on the Property. go Upon record plat approval for adjacent portions of the Property, the Applicant will, without receipt of any compensation, relinquish any rights to directly access East Market Street from the Property. Approximately 1.5 acres of the School Site described below in Proffer 5 shall be reserved by the Town after dedication of the School Site by the Applicant for future public ingress and egress to and from the Carradoc Hall and Hamblet properties across the Twin Lakes property to East Market Street. Said approximate 1.5 acres shall consist of the southern most 150 feet portion of the School Site which is adjacent to East Market Street and is located between the Twin Lakes property and the Carradoc Hall property. Transportation Improvement Fund. The Applicant agrees to contribute up to NINE HUNDRED TWENTY-ONETHOUSAND TWENTY DOLLARS ($921,020.00) based on a projection of seven hundred fifty-two (752) residential units illustrated on Plan A under the terms and conditions stated hereinafter, as its pro-rata share toward the AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK The cost of construction and the value of the underlying right-of-way for the eastern half section of Route 653 from East Market Street to Stone House Drive to the extent it is located in the ultimate right-of-way for Route 653 Extended and for the value of the right-of-way for the ultimate alignment of Route 653 Extended as illustrated on Plan A, to the extent it is located outside of the interchange dedication area. The value of the right-of-way for the interchange dedication for the northwest quadrant of the Route 653/7 grade-separated interchange and for the northeast quadrant of the Battlefield Parkway/7 grade separated interchange. School Site. Upon dedication of the right-of-way described above in Proffer 2.c.(i) or January 1, 1996, whichever occurs first, the Applicant will dedicate to the Town for non- proprietary public education purposes, in the approximate location shown on Plan A, thirty-five acres of the Property in the approximate location shown on Plan A, together with necessary utility easements in locations acceptable to the School Board, the Town, and the Applicant, and a forty-foot (40) wide relocatable temporary ingress and egress easement within the proposed Stone House right-of-way as approximately shown on Plan A from such site to the portion of Route 653 as described in Proffer 2.c.(i) (the "School Site") and 120 feet of right-of-way for the portion of Route 653 located in Loudoun County from Stone House Drive north to Fort Evans Road. Approximately 1.5 acres of the School Site shall be reserved for public access as provided above in Proffer 2.h. Five (5) acres of such portion of the Property shall be credited by the County of Loudoun (the "County") in County rezoning ZMAP 1992-0001 towards satisfaction of County capital facility requirements at a value which is at least equal to the per acre value of the capital facility credit granted in ZMAP 89-15, River Creek for dedication of the Town's Water Treatment Facility land. In addition the Town will credit five (5) additional acres of the Property toward satisfaction of the public recreation site requirements of Section 6A-16(6) of the Town Zoning Ordinance. The School Site shall be dedicated and developed as follows: The Applicant shall dedicate the School Site for public educational purposes together with utility easements necessary for occupancy of a school on the School Site in locations that are acceptable to the School Board, the Town and the Applicant and a minimum forty-foot (40) wide relocatable temporary ingress and egress easement from Route 653 extended west to the depicted main School Site entrance on Stone House Drive, at the time of dedication of the roadway improvements described above in Proffer 2.c.(i) or January 1, 1996, whichever shall first occur. The relocatable easement shall only be relocated with the mutual consent of the School Board and the Applicant. The temporary easement shall terminate once the segment of Stone House Drive which is adjacent to the Public School site is dedicated. Not later than May 1, 1996, the Applicant shall design and construct an all weather gravel surface construction road which shall be consistent with the width and design specifications as set forth on Exhibit C attached hereto. The design and construction of the above- described all-weather road shall provide for subgrade preparation in accordance with the Town standards for public street construction, as certified by the Applicant's geotechnical engineer. Unless otherwise consented to by the Town, this temporary access road shall be removed by the Applicant at the time of AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK construction of the ultimate section of Stone House Drive. Primary access to the main School Site entrance via Stone House Drive as depicted on Plan A shall be provided at the location generally depicted on Plan A and secondary access shall be provided by a two lane subdivision street traversing development Parcel B located east of the School Site. Throughout the construction of Stone House Drive, the Applicant shall provide continuous vehicular access to the depicted main School Site entrance over an all weather surface. Co Unless constructed by others, the Applicant shall construct or bond for construction an extension of a sanitary sewer line and a water line to the property line of the School Site at the time of construction of such lines within adjacent portions of the Property. All sanitary sewer and water mains on the Property shall be sized and constructed in accordance with applicable Town standards and specifications for the uses proposed. After submission of any such easement to the School Board staff in accordance with subparagraph (e) below, the Applicant may locate any public sewer and water easements required to be located within the School Site near the perimeter portions of the School Site or on portions of the School Site which are outside of any building envelope provided they meet Town standards. do With the exception of non-point sheet flow runoff from Stone House Drive to the existing drainage channel which traverses the Property, stormwater runoff from the Property will not be discharged onto the School Site without specific approval by the Town or the Loudoun County School Board. The Applicant shall, at no cost to the Town or the School Board, grant to the School Board such off-site temporary easements as may be necessary for stormwater management and control until such time as the permanent stormwater facilities contemplated by these Proffers have been constructed by the Applicant and approved by the Town. The Applicant shall, at no cost to the Town or the School Board, design the permanent stormwater detention facilities for the Property so that such facilities shall detain the volume of stormwater run-off from the School Site. Upon such construction and approval, such off-site temporary storm drainage easements shall be abandoned by the School Board. eo Unless consented to by the Loudoun County School Board, the School Site shall be excluded from the application of any restrictive covenants established in connection with the Property. Prior to conveyance to the Town of the School Site, the Applicant shall submit to the staff of the School Board, for its review and approval, any proposed easement to be located within any portion of the School Site. In the event that comments relative to any such easement(s) have not been received within sixty (60) days of submittal, the request for approval of the proposed easement shall be deemed approved as submitted. Fire and Rescue Facilities. Prior to obtaining each zoning permit for individual residential dwelling units constructed on the property, the Applicant will pay the Town the sum of ONE HUNDRED DOLLARS ($100.00) per residential unit constructed on the Property as a non-refundable cash donation for the benefit of fire and rescue AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK facilities providing service to the Property, which monies will be paid by the Town to fund fire and rescue services. Prior to obtaining each zoning permit for individual commercial and office buildings constructed on the Property, the Applicant will pay the Town the sum of TEN CENTS ($0.10) per net square foot of commercial and office development construction on the Property as a non-refundable cash donation for the benefit of fire and rescue facilities providing service to the Property, which monies will be paid by the Town to fund the capital costs of fire and rescue services. Notwithstanding the above, no payments under this paragraph shall be required for any buildings to be devoted to uses such as non-profit or HOA-owned recreational buildings, non-profit day care facilities, non-profit health care, or governmental service facilities. The amount of such contributions shall be adjusted annually upward from the date of final rezoning approval in accordance with the Consumer Price Index, with 1994 as the Base Year. Sewer Easements. Upon request by the Town, the Applicant will dedicate to the Town without compensation and free of any liens: (a) a temporary 100 foot by 100 foot construction easement at the southwest corner of the Property adjacent to the Hamlet property (See Attachment 1); and Co) a twenty (20) foot wide temporary construction easement and a thirty (30) foot wide permanent easement for construction and maintenance by others of a sewer outfall line adjacent to the dedicated Route 7 right-of- way, along the future northwest Route 653/7 interchange dedication, and over portions of the Applicant's Property located in Loudoun County within the western edge of the VEPCO easement, all of which is illustrated on Attachment 1 attached hereto. Upon request by the Town, the Applicant will dedicate to the Town, without compensation and free of any liens a twenty (20) foot wide temporary construction easement and a thirty (30) foot wide permanent easement for construction, operation and maintenance by the Town of a sanitary sewer line adjacent to Stone House Drive and the perimeter of the public Facility Site as illustrated on Plan A. o Recreation, Open Space and Environmental Facilities. As adjacent portions of the Property are submitted by the Applicant for preliminary subdivision plan approval, the Applicant will prepare a study of the stream bed and abutting drainage swale which traverses the portion of the Property to be developed by the Applicant to determine the actual extent of any floodplain which may exist on such portion of the Property and any wetland areas located on the Property. Upon request, the Applicant will dedicate to the Town or the County the Stone Harper House for relocation by others to another location suitable to the Town or the County. In lieu of construction of sidewalks along such portions of the roadway, at the time of construction of the portion of Stone House Drive from Route 653 to the entrance to Twin Lakes as approximately shown on Plan A, the Applicant will construct an eight (8) foot wide macadam trail in a ten (10) foot wide easement along the south side portion of Stone House Drive and will dedicate such easement and trail to the Town for public pedestrian and bicycle access. In addition to such on-site recreational facilities, prior to issuance of a zoning permit for each dwelling unit constructed on the Property, the Applicant will contribute One Hundred Dollars ($100.00) to the Town for the purchase of recreational equipment for Ida Lee park or for construction of an eight (8) foot wide macadam trail in a ten (10) foot wide easement on Townhouse Parcel A along the western portion of Battlefield Parkway and along the south side portion of Stone House Drive from the entrance to Twin Lakes to Battlefield Parkway. Any such trail construction shall be in lieu of a sidewalk along the west side -10- AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK of Battlefield Parkway and along the south side portion of Stone House Drive. Sewer and Water Service. The Applicant will provide water service for the Property from the existing water line located in Fort Evans Road. In the event that the Applicant constructs a water line which is designed to provide water service for properties in addition to the Property, the Town will assist the Applicant in seeking reimbursement by other users of the water line. In the event that prior to issuance of zoning permits for the Property a sewer line providing adequate service for the Property has not been constructed by others, the Applicant will construct a sewer line for development located on the Property to the Town sewer treatment facility which shall conform to the Town's master plan for utilities unless the plan is amended to reflect the Applicant's revised sewer line. In the event that the Applicant constructs such a sewer line and the line includes capacity in excess of that required for development located on the Property, the Applicant will initiate and the Town will support a proportionate reimbursement by users of any such excess capacity. The execution and acceptance of these proffers does not imply that adequate sewer capacity in the Town sewer treatment facility will be available for dwellings or buildings constructed on the Property. In the event that a sewer line which provides adequate service for the Property is constructed by the Town, the Applicant will pay its pro-rata share of the cost of construction of such facilities at the time of issuance of zoning permits for structures to be constructed on the Property. Nothing herein shall be interpreted to obligate the Applicant to reimburse the Town for the School Site pro-rata cost of providing sewer service. In the event that a water line is constructed by the Town to service the School Site and such water line provides adequate service for the residential portions of the Property, the Applicant will pay its pro-rata share of the cost of construction of such facility at the time of issuance of the first residential zoning permit. 10. Site Development Details. The side yards for single-family detached homes shall be at least five (5) feet or eight (8) feet wide so long as at least sixteen (16) feet is maintained between single family detached homes. As non-residential portions of the Property are approved for a final development plan or a preliminary subdivision plan, the Applicant will submit the architectural details (e.g., facade treatment, typical building types and roof lines, and proposed building materials) to the Town Planning Commission for consistency review with the H-2 Corridor Design Guidelines. 11. Special Use Permits. In accordance with Sections 6A-16(3) of the Leesburg Zoning Ordinance, the acceptance of these proffers is conditioned upon Town approval of a special use permit for MC uses, as defined in Section 4F of the Leesburg Zoning Ordinance for the Mixed Use Center portion of the Property. 12. Definitions. Wherever "bond" is used herein it shall mean the type of security required by the Town as described in Section 15.1-466(0 of the Code of Virginia. Wherever "dedication" is used, it shall mean "convey by a good and proper deed and fee simple title to the land or easement to the Town of Leesburg, flee and clear of any defects in title, liens or encumbrances". 13. Proffer Amendments. The Property is the composite of seven tax map parcels, each of which is subject to these proffers. Tax Map 49, ((3)) Parcels 7A and 7B includes the Mixed Use Center which may be developed separately from Tax Map 49, Parcels 1, -11- AN ORDINANCE APPROVING #ZM-147 POTOMAC STATION PROFFERS AND CONCEPT PLAN AMENDMENT TO #ZM-134 HARPER PARK 27D1, 27D2, 27D3, and 37B1. In thc event that these proffers arc amended, an amendment for Tax Map 49 Parcel ((3)) 7A and 7B may be processed separately from the remainder of the Property and without the consent of the owners of the remainder of thc Property. SECTION II. Concept plan approval does not express or imply any waiver or modification to any requirements of thc Design and Construction Standards Manual, Subdivision and Land Development Regulations or Zoning Ordinance except as specifically cited herein. SECTION III. This ordinance shall be effective upon its passage. December __ PASSED thisl2th day of , I995. ATTEST: o meS E. Clem, Mayor wn of Leesburg o:zm147