HomeMy Public PortalAbout2007_12_11_O022 Approving TLZM 2006-0022 PMW Farms
The Town of
Leesburg,
Virginia
PRESENTED November 27.2007
ORDINANCE NO. 2007-0-22
ADOPTED December 11. 2007
AN ORDINANCE: APPROVING APPLICATION TLZM-2006-0022 PMW FARMS TO
REZONE 105.07 ACRES FROM R-E SINGLE FAMILY
RESIDENTIAL ESTATE TO PRN - PLANNED RESIDENTIAL
NEIGHBORHOOD
WHEREAS, application has been filed by Fort Evans Properties, LLC for Rezoning
TLZM-2006-0022 known as "PMW Farms"; and
WHEREAS, a duly advertised Planning Commission public hearing was held on October
4,2007; and
WHEREAS, at their regular meeting of November 1,2007 the Planning Commission
recommended approval of this application to the Town Council; and
WHEREAS, the Town Council held a duly advertised public hearing on this application
on November 27,2007; and
WHEREAS, the staff recommended approval; and
WHEREAS, the Council has concluded that the approval of the application would be in
the public interest and in accordance with sound zoning and planning principles.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia that
Rezoning TLZM-2006-0022 is approved subject to the proffers last dated December 11,2007.
PASSED this 11th day of December, 2007.
~~ [\ rJ,~!-U
n C. U stattd, Mayor r
Town of Leesburg
ATTEST:
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. lerk of Council
0022:PMW Farms Approval
PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11, 2007
Pursuant to Section 15.2-2303 of the Code of Virginia, as amended and Section 3.3.16 of
the Zoning Ordinance of the Town of Leesburg, (hereinafter the "Town"), the undersigned
PMW Farms Partnership and its successors and assigns (the "Owner") hereby voluntarily
proffer that development of the property, which consists of approximately 105 acres of real
property identified in Loudoun County land records by Parcel Identification Numbers (PIN) 148-
30-6412 (the "Property"), shall be in substantial conformity with the proffers as set forth below
(the "Proffers"), and with the exhibits attached hereto which are incorporated herein by
reference. Said Proffers are contingent upon approval by the Leesburg Town Council of zoning
application TLZM-2006-0022, to rezone the Property from the R-E "Single-Family Residential
Estate" to the PRN "Planned Residential Neighborhood" zoning district. Once approved, said
terms and conditions herein supersede any prior proffers that have been offered for any portion
of the Property.
I. SUBSTANTIAL CONFORMANCE WITH CONCEPT PLAN, USE, AND
DEVELOPMENT
A. Substantial Conformance
The Property will contain a maximum of 275 residential dwelling units consisting of a
maximum of 140 single family detached units and a maximum of 135 single family attached
units. Development of the Property will be in substantial conformance with the Concept Plan
prepared by Paciulli Simmons & Associates, dated December 1, 2006 and revised through
September 10, 2007 (hereafter referred to as "Concept Plan"), which is attached hereto and
made a part hereof as Exhibit A. Reasonable allowances shall be made for engineering and
design alteration to meet Town Subdivision and Land Development Regulations, Town Zoning
Ordinance Regulations and the Town Design and Construction Standards Manual (the "DCSM")
requirements (collectively the "Town Development Regulations"). Development of the
Property shall comply with the Town Development Regulations, except as modified or waived
by the approval of TLZM 2006-0022, or as modified, waived or varied during the development
process, as permitted by ordinance.
PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11, 2007
B. Pedestrian Circulation
1. River Creek Parkway Trail
a. On-Site (on or adiacent to the Property of the Owner). Concurrent with the
recordation of any subdivision plat containing public street access to River Creek Parkway by
way of Public Street A or B as shown on the Concept Plan, the Owner shall dedicate to the
Town, if necessary, a public access easement across that portion of the Property shown on the
subdivision plat, for the purpose of constructing a ten-foot (10') wide multi-purpose asphalt trail
along River Creek Parkway (the "River Creek Parkway Trail"). Said trail shall be in the
location depicted on Sheets 2 and 3 of the Concept Plan as the River Creek Parkway Trail. The
River Creek Parkway Trail may be located either within a trail easement on the Property or
within an established public road right-of-way. The Owner shall have completed construction of
the River Creek Parkway Trail, no later than twelve (12) months after the dedication of the
easement for the trail but in no event later than the issuance of the 125th residential zoning
permit on the Property. In the event the River Creek Parkway Trail is located outside an
established public right-of-way or not accepted by VDOT for maintenance within the existing
right-of-way, then the Homeowners Association, as described in Proffer VII, shall be responsible
for its maintenance.
b. Off-Site (on or adiacent to property owned by others). The Owner shall
exercise best efforts to acquire any right-of-way and easements needed to construct the portion of
the River Creek Parkway Trail located on property owned by others (the "Off-Site River Creek
Parkway Trail''). The Owner's obligation to construct the Off-Site River Creek Parkway Trail
shall be expressly contingent on the Owner's ability to secure the necessary easements and right-
of-way.
In the event that such right-of-way and easements are acquired by the Owner prior to issuance
of the 75th residential zoning permit on the Property, then, prior to issuance of the 125th
residential zoning permit on the Property, the Owner shall (1) dedicate to the Town, or cause to
be dedicated to the Town, an easement or right-of-way for the trail, and (2) complete
construction of the trail. The easement and trail may be located either inside or outside an
established public right-of-way, at the Owner's discretion.
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PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11, 2007
If, despite the best efforts of the Owner to acquire the right-of-way and easements necessary
for construction of the Off-Site River Creek Parkway Trail, the right-of-way and easements are
not acquired by the 75th residential zoning permit, then before the issuance of the 76th
residential zoning permit the Owner will request in writing to the Zoning Administrator that the
Town obtain such right-of-way and easements by eminent domain (the "Off-Site River Creek
Parkway Trail Zoning Administrator Notification"), and the Owner shall fund the cost of such
condemnation. This proffer shall in no way obligate the Town to use its powers of eminent
domain and such exercise shall be undertaken solely in the discretion of the Town. If within one
hundred twenty (120) days of receipt of Off-Site River Creek Parkway Trail Zoning
Administrator Notification the Town adopts a resolution to commence condemnation
proceedings, then the Owner shall construct to substantial completion the Off-Site River Creek
Parkway Trail no later than six (6) months after notification from the Town that the necessary
right-of-way and easements have been acquired provided the necessary right-of-way and
easements are acquired by the Town within twelve (12) months of the adoption of the resolution.
The Town will notify the Owner upon the successful acquisition of the necessary right-of-way
and easements within ten (10) days of acquisition. If the Town does not adopt a resolution to
pursue its powers of eminent domain within one hundred twenty (120) days of the receipt of the
Off-Site River Creek Parkway Trail Zoning Administrator Notification or does not acquire the
necessary right-of-way and easements within twelve (12) months from the adoption of the
resolution, then the Owner shall work with the Town to determine a reasonable cost to construct
the Off-Site River Creek Parkway Trail, including a cost for condemnation of $5,000 and said
amount shall be deposited with the Town and held specifically for the construction of the Off-
Site River Creek Parkway Trail in the future by others. This payment shall be made to the Town
no later than the issuance of the 275th residential zoning permit.
2. Spring Lakes Connector Trail
The Owner shall exercise best efforts to acquire any easements needed to construct the
portion of the trail connecting Public Recreation Area #2 to the sidewalk on Orchid Drive
located on property owned by others (the "Spring Lakes Connector Trail"). The Owner's
obligation to construct the Spring Lakes Connector Trail shall be expressly contingent on the
Owner's ability to secure the necessary easements.
In the event that such easements are acquired by the Owner prior to issuance of the 75th
residential zoning permit on the Property, then, prior to issuance of the 125th residential zoning
permit on the Property, the Owner shall (1) dedicate to the Town, or cause to be dedicated to the
Town, an easement for the trail, and (2) complete construction of the trail.
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PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11, 2007
If, despite the best efforts of the Owner to acquire the easements necessary for construction of
the Spring Lakes Connector Trail, the easements are not available by the 75th residential zoning
pennit, then before the issuance of the 76th residential zoning permit the Owner will request in
writing to the Zoning Administrator that the Town obtain such easements by eminent domain
(the "Spring Lakes Connector Trail Zoning Administrator Notification"), and the Owner shall
fund the cost of such condemnation. This proffer shall in no way obligate the Town to use its
powers of eminent domain and such exercise shall be undertaken solely in the discretion of the
Town. If within sixty (60) days of receipt of the Spring Lakes Connector Trail Zoning
Administrator Notification, the Town adopts a resolution to commence condemnation
proceedings, then the Owner shall construct to substantial completion the Spring Lakes
Connector Trail no later than six (6) months after notification from the Town that the necessary
easements have be acquired provided the necessary easements are acquired by the Town within
twelve (12) months of the adoption of the resolution. If the Town does not adopt a resolution to
pursue its powers of eminent domain within sixty (60) days of the receipt of the Spring Lakes
Connector Trail Zoning Administrator Notification or does not acquire the necessary easements
within twelve (12) months from the adoption of the resolution, then the Owner shall be relieved
of any obligation to construct the Spring Lakes Connector Trail.
3. Fort Evans RoadlRiver Creek Parkway Crosswalk. The Owner will install
crosswalks in accordance with Virginia Department of Transportation specifications across Fort
Evans Road and River Creek Parkway as shown on Sheet 3 of the Concept Plan at such time as
Owner completes to substantial completion the Off-Site Fort Evans Road pursuant to Proffer II B
2.
C. Communitv Recreation
The Owner shall provide five recreational areas on the Property, which are identified on
Sheets 2 and 3 of the Concept Plan as Public Recreation Areas 1 through 5, inclusive, for use by
residents of the Property.
1. Recreation Area 1: The Owner shall construct and convey to the HOA (as defined in
Proffer VII) (i) a bath house, with a minimum of 1,500 square feet, which shall contain lockers,
restrooms, and showers, (ii) an outdoor swimming pool with a minimum of3,000 square feet of
water surface area, and (iii) an associated parking lot. Recreation Area 1 shall be completed and
open for use no later than the first Memorial Day following issuance of the 175th residential
zoning permit on the Property.
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PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11, 2007
2. Recreation Area 2: The Owner shall construct and convey to the HOA (as defined in
Proffer VII) (i) an unlit multi-purpose court, (ii) a tot lot containing benches and a play structure
designed for children from ages 5-12, and (iii) an unlit tennis court in the area designated on the
Concept Plan as Public Recreation Area 2. Said recreation area shall be completed and open for
use no later than the issuance ofthe 75th residential zoning permit on the Property.
3. Recreation Area 3: The Owner shall construct and convey to the HOA (as defmed in
Proffer VII) a tot lot with benches and a play structure designed for children from ages 2-5 in the
area designated on the Concept Plan as Public Recreation Area 3. Said recreation area shall be
completed and open for use prior to issuance of the 75th residential zoning permit for a single-
family attached unit on the Property. The courtyard sidewalk shall be built in conjunction with
the single family attached units surrounding Public Recreation Area #3.
4. Recreation Area 4: The Owner shall convey to the HOA (as defined in Proffer VII) a
natural recreation area containing an unlit 6-foot wide natural surface trail, in the area designated
on the Concept Plan as Public Recreation Area 4. Said recreation area, including trail, shall be
completed prior to issuance of the 75th residential zoning permit on the Property.
5. Recreation Area 5: Subject to consent from Virginia Dominion Power, the Owner
shall construct and convey to the HOA (as defined in Proffer VII) an unlit grass playfield a
minimum of 180 feet wide and 180 feet long, and consisting of a slope no greater than two
percent. Said playfield shall be located in the area designated on the Concept Plan as Public
Recreation Area 5, and shall be completed and open for use prior to issuance of the 150th
residential zoning permit on the Property.
6. Ida Lee Contribution: The Owner shall make a per unit cash contribution to the Town
of $500 upon issuance of each zoning permit for a market rate residential dwelling unit on the
Property, to be used specifically for capital improvements to Ida Lee Park.
D. Community Desim
1. Tree Save Areas
a. Terms Governing "Tree Save Area"
Within the areas identified on the Concept Plan as "Tree Save Area," the Owner shall
not disturb healthy trees provided, however, that trees may be removed to the extent necessary
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PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11, 2007
for the construction of utilities and trails, and stormwater management facilities that are required
pursuant to these proffers or pursuant to the approved construction drawings for the Property.
A minimum of eighty (80) percent of the canopy within the cumulative Tree Save Area
depicted on the Concept Plan will remain undisturbed. The area of canopy within the Tree Save
Area shall be calculated based on diameter inch of all trees four (4) inches in diameter or
greater at four and a half feet (4.5') above ground level located within the proposed Tree Save
Area. The boundaries of all Tree Save Areas depicted on the Concept Plan shall be delineated
on any record plat recorded for the Property.
If it is determined by the Town's Urban Forester that any healthy tree located within the
boundaries of any Tree Save Area has been damaged during construction and will not survive,
then, prior to the issuance of the occupancy permit for any residential unit within the fall zone of
any tree damaged during construction in the Tree Save Area, the Owner shall remove each such
tree and replace it with one or more native, non-invasive deciduous trees, each with a minimum
caliper of two and a half inches (2.5") and as necessary to equal the total caliper of the removed
tree. For example, if it is determined that the Owner must remove a fifteen inch (15") caliper
tree, it may be replaced with either six (6) two and a half inch (2.5") caliper trees or five (5) three
inch (3") caliper trees, etc. The placement of said replacement trees shall be proximate to the
area of each such damaged tree so removed, or in another area as requested by the Town's Urban
Forester.
The record plat for the Property shall contain a note stating that the removal of trees
within a Tree Save Area is prohibited, except as permitted under the Homeowners Association
Declaration of Covenants ("Declaration of Covenants") and this Proffer Statement. Accordingly,
the Declaration of Covenants shall include a provision that states the removal of trees within the
Tree Save Areas will be allowed when necessary to accommodate forest management
techniques, performed by or recommended by a professional forester or certified arborist. Such
forest management techniques may include, without limitation, pruning and the removal of
vines, invasive species, trees uprooted or damaged by extreme weather conditions, and trees or
limbs that are diseased, insect-infested, dead, or are considered a hazard to life or property. The
Declaration of Covenants shall state that such provisions governing tree removal within the Tree
save Areas shall not be amended by the Owner or the Homeowners Association.
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PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Propertiest LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11,2007
b. Forest Stand Delineation Plan and Tree Management Report
Concurrent with submission of the first preliminary subdivision plan containing a
residential lot on the PropertYt the Owner shall submit to the Town for review a Forest
Delineation Plan for the Property.
Concurrent with submission of the first construction plan containing a residential lot on
the Property, the Owner shall submit to the Town for review a Tree Management Report for the
Tree Save Areas identified on the Concept Plan.
II. TRANSPORTATION
A. General. All roads constructed by the Owner, including all private streets and
parking courts, shall be designed and constructed in accordance with the Town Development
Regulations, the most current policies on geometric design of highways and streets, as defined by
the American Association of State Highway and Transportation Officials, and with the most
current standards and specifications issued by the Virginia Department of Transportation
(VDOT), unless modified or varied under TLZM 2006-0022, or by administrative approval
during the development plan process. To the extent that any of these regulations conflict, the
Town shall have the authority to determine the regulations that will govern, unless the road
improvement at issue is under the jurisdiction ofVDOT, in which case VDOT regulations shall
govern. The horizontal and vertical geometrics of public streets and private parking courts
constructed on the Property shall accommodate an AASHTO 'SU' design vehicle. All signage
and pavement markings shall be installed in accordance with the most current Manual on
Uniform Traffic Control Devices. The term "substantial completion" shall consist of the
placement of all pavement, except for the final surface course, with all required signage and all
pavement markings installed, and the roadway open to traffic.
B. Fort Evans Road.
1. On-Site Dedication and Construction. Prior to the issuance of the first
residential occupancy permit on the Property, the Owner will (1) dedicate land along the
Property's Fort Evans Road frontage as necessary to provide a right-of-way width that measures
60 feet from the existing centerline, while using existing right-of-way to the greatest extent
possible, and (2) construct to substantial completion Fort Evans Road along the Property's Fort
Evans Road frontage, as a four-lane divided roadway with a five (5) foot wide sidewalk within
the dedicated area shown on Sheet 3 of the Concept Plan.
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PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11, 2007
2. Off-Site Dedication and Construction. The Owner proposes to widen Fort
Evans Road from the easternmost boundary of the Property, to the edge of River Creek Parkway.
This segment of Fort Evans Road ("Off-Site Fort Evans Road") will cross property owned by
others and existing public right-of-way. The Owner's obligation to construct Off-Site Fort Evans
Road as a four-lane divided roadway with a five (5) foot wide sidewalk within the dedicated area
shown on Sheet 3 of the Concept Plan shall be expressly contingent on the Owner's ability to
secure the necessary easements or right-of-way and the Owner shall exercise best efforts to
acquire said easements and right-of-way.
The Owner shall exercise best efforts to acquire right-of-way and construction easements for
Off-Site Fort Evans Road such that said right-of-way is sufficient to construct the road utilizing
the existing right-of-way to the greatest extent possible. In the event that said right-of-way and
construction easements are acquired by the Owner prior to issuance of the 75th residential zoning
permit on the Property, then, prior to issuance of the 100th residential zoning permit, the Owner
shall (1) dedicate or cause to be dedicated to the Town right-of-way for Off-Site Fort Evans
Road, and (2) construct to substantial completion Off-Site Fort Evans Road, such that it becomes
a four-lane divided roadway with a five (5) foot wide sidewalk.
If the Owner cannot acquire the right-of-way and easements necessary for construction of the
above-described improvements by the 75th residential zoning permit, despite the Owner' best
efforts to do so, then before the issuance of the 76th residential zoning permit the Owner will
request in writing to the Zoning Administrator that the Town acquire the necessary right-of-way
and easements by eminent domain (the "Fort Evans Road Zoning Administrator Notification"),
and the Owner shall fund the cost of such condemnation. This proffer shall in no way obligate
the Town to use its powers of eminent domain and such exercise shall be undertaken solely in
the discretion of the Town. If within sixty (60) days of receipt of the Fort Evans Road Zoning
Administrator Notification the Town adopts a resolution to commence condemnation
proceedings, then the Owner shall construct to substantial completion Off-Site Fort Evans Road
no later than six (6) months after notification from the Town that the necessary right-of-way and
easements have been secured provided the necessary right-of-way and easements are acquired by
the Town within twelve (12) months of the adoption of the resolution. If the Town has not
adopted a resolution to commence said condemnation proceedings within sixty (60) days of
receipt of the Fort Evans Road Zoning Administrator Notification or does not acquire the
necessary right-of-way and easements within twelve (12) months from the adoption of the
resolution then the Owner shall pay the Town cash in lieu of constructing Off-Site Fort Evans
Road.
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PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-64]2
105 acres
Date: December 11, 2007
Said cash in lieu contribution shall be made payable to the Town, shall constitute Owner's
entire obligation with respect to off~site transportation obligations and shall be in the amount of
$2,395 for each single family detached residential unit and $1,677 for each single family
attached residential unit, to be paid upon issuance of each residential zoning permit on the
Property. The initial payment shall be made within thirty (30) days of receipt by the Owner of
the Town intention not to proceed with condemnation procedure and will be calculated by
multiplying (i) the number of residential single ~ami1y detached zoning permits issued to date by
$2,395 plus (ii) the number of residential single family attached zoning permits issued to date by
$1,677. After said initial payment all future off-site transportation contributions will be paid
upon the issuance of each residential zoning permit in the amounts specified herein. The stated
cash contribution may be used for road improvements in the Town's northeast planning
quadrant.
III. AFFORDABLE DWELLING UNITS
The Owner shall provide to Loudoun County a number of single-family attached
dwelling units equal to the total number of residential units approved on the Concept Plan less 35
(the total number of units allowed under the current zoning of the Property) multiplied by 12.5
percent. These proffered affordable dwelling units ("ADUs") shall generally meet all criteria
required of other affordable dwelling units in Loudoun County under Article 7 of the Revised
1993 Zoning Ordinance except that the ADDs (1) shall not be required to meet the interspersion
requirements among the market rate units on the Property, and (2) may be as narrow as 18' wide
regardless of the width of the market rate units on the Property. The Owner will deliver half of
the proposed ADUs before the issuance of the residential zoning permit marking fifty percent
(50%) of the market rate units. The balance of the ADDs will be delivered before the issuance of
the residential zoning permit marking seventy five percent (75%) of the market rate units.
If within eighteen (18) months of the approval of this rezoning the Town and Loudoun
County have not reached a written agreement specifically regarding the acceptance and
administration of the ADUs, then the Owner's obligations to provide ADUs under this proffer
shall cease.
IV. UTILITIES
The Property shall be developed using public water and sanitary sewer facilities, which
shall be provided to the Property at no cost to the Town. Public water and sanitary sewer
facilities shall be installed in accordance with the policies and standards of the utility provider,
and shall be extended generally to the Property in accordance with the Concept Plan.
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PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11, 2007
V. SCHOOL CAPITAL COSTS
In accordance with Town Council Resolution 2005-111 ("School Proffer Policy"), the
Owner shall, subject to paragraph (b) below, provide the Town a per unit cash contribution, for
transfer to the Loudoun County School Board, to offset Loudoun County's school land
acquisition and construction costs to serve the residents of the Town of Leesburg. Said cash
contribution shall consist of $22,313, to be paid upon issuance of each zoning permit for a
single-family detached residential dwelling unit on the Property, and $15,619, to be paid upon
issuance of each zoning permit for a market rate single-family attached residential dwelling unit
on the Property (collectively, the "School Capital Contribution").
VI. VOLUNTEER FIRE COMPANY CONTRIDUTION
A. Cash Contribution. The Owner shall make a per unit cash contribution to the Town
of $120 upon issuance of each zoning permit for a market rate residential dwelling unit on the
Property, for distribution to the Leesburg Volunteer Fire Company and the Loudoun County
Volunteer Rescue Squad, Company 13.
B. Cessation of Cash Contribution. The obligation to provide this contribution shall
cease at such time as the provision of fire and rescue services is no longer provided by
predominantly volunteer organizations, or at such time as the Town of Leesburg levies a tax
payment on the Property for these services.
VII. HOMEOWNERS ASSOCIATION
Common area on the Property will be owned by a Homeowners' Association (the
"HOA"). Any common area shown on a record plat will be conveyed to the HOA upon the
recordation of said record plat. Membership in the HOA shall be required of owners of all
residential units on the Property. The HOA shall have among its duties maintenance of each of
the common area amenities specified herein, plus all appropriate private parking areas, common
parking courts, private alleys, stormwater management facilities, common areas, including open
space, trails and play areas. The HOA documents shall state that the HOA cannot be disbanded,
nor shall maintenance of any proffered amenities be discontinued by the HOA without the HOA
first obtaining permission from the Town.
- 10-
PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148~30-6412
105 acres
Date: December 11, 2007
VIIT. CONSTRUCTION OPERATIONS AND ROCK BLASTING
A. Construction Overations. Construction operations on the Property will be limited to
7 am to 8 pm on weekdays and 8 am to 6 pm on weekends.
B. Rock Blastine. The Owner will provide written notice to the Spring Lakes
Homeowners Association and the occupants of any structure located within 300' of a blast site at
least 48 hours before any rock blasting occurs on the Property. No rock blasting will occur on the
Property on weekends.
IX. OFF-SITE FORT EVANS ROAD BUFFER FOR POTOMAC STATION
SECTION 7 A & 7B
The Owner shall provide a buffer as shown on the Enhanced Landscape Plan for Potomac
Station Section 7 A & 7B (included by reference as Exhibit A) identified as Sheet 1 of 1 dated
November 14, 2007, prepared by Paciulli Simmons & Associates, Ltd. (the "Enhanced
Landscape Buffer Plan"). The Enhanced Landscape Buffer Plan shall satisfy all buffer
requirements on the south side of Fort Evans Road as may be required pursuant to Proffer II B
above and will be installed in conjunction with the construction of Off-Site Fort Evans Road.
x. ARCHEOLOGICAL
A. Phase I Archeoloeical Revort. Within thirty (30) days of the approval of
TLZM2006-0022, the Owner will provide two (2) copies of the Phase I Cultural Resources
Survey at Festival Lakes, Leesburg prepared by Paciulli Simmons Associates dated November
27,2006 to the Balch Library.
B. Loudoun Archeoloeical Foundation. The OWner will contact the Loudoun
Archeological Foundation to allow for a public history event on the Property prior to the
destruction of the stone-lined, hand dug well identified in the Phase I Cultural Resources Survey.
XI. MISCELLANEOUS
A. Escalation Clause. Proffered contributions shall increase or decrease on a
monthly basis, beginning on the first day of the month following the approval of the rezoning
and continuing each month thereafter, by an amount equal to the percentage increase or decrease
in the CPI over the prior month. If the U.S. Department of Labor shall ever cease publishing the
- 11 -
PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-6412
105 acres
Date: December 11, 2007
CPI, the CPI for purposes of these Proffers shall be that index published by the Department of
Labor or other U.S. government agency intended to reflect general increases or decreases in the
cost ofliving for residents in the Washington, D.C. Standard Metropolitan Statistical Area.
B. Authoritv. These proffers are filed in accordance with Section 15.2-2303 of the
Code of Virginia, as amended, and Section 3.3.16 cifthe Town Zoning Ordinance.
c. Waivers & Modifications. The Owner agrees that approval of this rezoning does
not express or imply and waiver or modification of the requirements set forth in the Subdivision
and Land Development Regulations, the Zoning Ordinance, or the Design and Construction
Standards Manual, except as granted or approved as part of this application, or as modified,
waived or varied during the development process, as permitted by ordinance. Final plats,
development plans, and construction drawings for development on the Property are subject to the
applicable Town regulations.
D. Warranty. The Owner warrants that all of the owners of the Property have
signed this Proffer Statement, that they have full authority to bind the Property to these
conditions, and that they have voluntarily subjected the Property to these proffer conditions.
E. Best Efforts Standard. When used in these Proffers, the term "Best Efforts" shall
mean that (1) the Owner has written two certified letters to the owner of record of property
owned by others, offering to negotiate the purchase of a fee simple or easement interest, with a
minimum of thirty (30) days between the first and second letter, (2) within ninety (90) days of
the date on the second offer letter, Owner has either not received a response, or has received a
rejection of said offer to negotiate, and (3) Owner has provided to the Town (i) a copy ofthe two
offer letters, (ii) a copy, if applicable, of the offeree's rejection, and (iii) a statement, if
applicable, that the recipient of said offer has not responded within ninety (90) days of the date
on the second offer letter.
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PROFFER STATEMENT
Rezoning #TLZM 2006-0022, PMW Farms
Owner: Fort Evans Properties, LLC
Property: MCPI # 148-30-6412
105 acres
iI
Date: December', 2007
OWNER:
PM W FARMS PARTNERSHIP, LLP
A Virgin' , 'ted liability partnership
By:
STATE/COMMONWEALTH OF ~~r~ ,:.... ('lll,..
CITY/COUNTY OF Fo.-llr fr-9 "'"
; to-wit:
Before the undersigned, a Notary Public in and for the aforementioned jurisdiction,
personally appeared James M. Wordsworth, as Managing General Partner of PWM Farms
Partnership., who acknowledged that he executed the foregoing Proffers with the full power and
authority to do so.
IN WITNESS WHEREOF, I have affixed my hand and seal this 12th day of December,
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