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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: ~ u/ tMad . 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. -2- 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. - 3 - 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. -4~ 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 - 5- 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. - 6- 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. -7- 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. - 8- 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. -9- 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. - 12- . r.. i 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, '..2"""" ?2Z3 ,,"i\"'~' .Ov. f;:;~:;<t?t/~ .;,'. ... ......"'.,..."_"'.....h.."'...~ .~~ ,t',c>' .;,' . j~~~"tL. .~.. :J' '/<~' . -"'.~;~\'71' ~.. Notary Pu15lic '!'i ,n.. 7\/f, C i~. . -b. ....I.-l> t 1 uc-7 .~ g~' nifJ olf~ ~ , "c-d*' ?.I ~ Cl 1\ i\.f\ ~;" ;':~' ~~:~~...j .,~~ .,' '.'.. ~ :t.,"!,: "I..........., ~""t!If. ~. .~~;~';;,~",r~::~;.. 9 /' ;.,./ - 13 -