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2012_04_10_O010 TLZM 2012-0001 Spring ArborThe Town of Virginia ORDINANCE NO. 2012 -0 -010 PRESENTED: April 10, 2012 ADOPTED: April 10, 2012 AN ORDINANCE: APPROVING PROFFER AMENDMENT TLZM- 2012 -0001 SPRING ARBOR, AMENDING TLZM- 2008 -0002, TO ALLOW AN INCREASE IN THE NUMBER OF BEDS FROM 87 TO 97 WHEREAS, application has been filed by HHHunt LLC, for a proffer amendment to rezoning #TLZM- 2008 -0002 Spring Arbor Assisted Living Residence; and WHEREAS, the property consists of one parcel of land located at 237 Fairview St. N.W. having a Loudoun County Parcel identification PIN number of 270 -30 -3560; and WHEREAS, a duly advertised Planning Commission public hearing was held on March 15, 2012; and WHEREAS, at their regular meeting of March 15, 2012, 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 April 10, 2012; and WHEREAS, 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. The Council of the Town of Leesburg in Virginia hereby ordains: SECTION I. That the Proffer Amendment TLZM- 2012 -0001, Spring Arbor, is hereby approved, subject to the proffers dated January 11, 2012. SECTION II. All prior ordinances in conflict herewith are hereby repealed. -2- AN ORDINANCE: APPROVING PROFFER AMENDMENT TLZM- 2012 -0001 SPRING ARBOR, AMENDING TLZM- 2008 -0002, TO ALLOW AN INCREASE IN THE NUMBER OF BEDS FROM 87 TO 97 SECTION This ordinance shall be effective upon its adoption. PASSED this IWh day of April 2012. C c JYmstattS, Mayor Town of Leesburg kllffialwl all I P: \Ordinances\2012 \0410 TLZM- 2012 -0001 Spring Arbor.doc TLZM- 2008 -0002 (SPRING ARBOR PRN) ASSISTED LIVING RESIDENCES REZONING APPLICATION PROFFER STATEMENT August 18, 2008 October 6, 2008 October 10, 2008 October 23, 2008 November 21, 2008 January 1 l , 2012 Pursuant to Section 15.2- 2303(A) of the Code of Virginia, as amended, and subject to Town Council (the "Town ") approval of rezoning application TLZM -2008 -0002, as proposed, from the Single Family Residential ( "R -1 ") District, to the Planned Residential Neighborhood ( "PRN ") District, HHI-iunt Corporation (the "Applicant ") and Loudoun Country Day School (the "Owner ") for themselves and for their successors and assigns, hereby proffer that development of Tax Map 48 -38 (PIN #270 -30- 3560), consisting of approximately 8.39 acres (the "Property") shall be in accordance with the following proffered conditions (the "Proffers ") which, if approved, shall replace any and all existing conditions. In the event this application is denied, these Proffers shall immediately be null and void. Substantial Conformance. Development of the Property shall be in substantial conformance with the Rezoning Concept Plan (the "Concept Plan ") dated June 2, 2008, as revised through October 6, 2008, consisting of nine (9) sheets and prepared by Loiederman Soltesz Associates, Inc., as further modified by these Proffers. The Concept Plan shall control the use, general layout and configuration of development on the Property, with reasonable allowances to be made for engineering and design alterations to meet Town zoning, subdivision and land development regulations. The Applicant shall be permitted to adjust the building footprints shown on the Concept Plan and alter the building elevation, grading and SWM/BMP facility design up to approximately two feet as long as the building orientation is generally consistent with the Concept Plan and the total gross square footage is not increased. 2. Modifications and 'Waivers. Development of the Property shall comply with Town development regulations, except as modified or waived in conjunction with the approval of TLZM - 2008 -0002, or as modified, waived or varied during the development process, as permitted by applicable Town ordinances. The Applicant agrees that approval of this rezoning does not express or imply any waiver or modification of the requirements set forth in the Subdivision or Land Development Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual ( "DSCM "), except as granted or approved by the Town Council as paint of this application, or as modified, waived or varied during the development process, as permitted by applicable Town ordinances. 3. Amendments. Notwithstanding that the Special Exception Plat TLSE- 2008 -0010 appears on the same development plan with Rezoning Plan TLZM- 2008 -0002, the Applicant retains the option to file amendments to the Special Exception in accordance with the Zoning Ordinance without requiring an amendment to the Rezoning and these Proffers. 4, Land Use. Subsequent to final closing the existing Private School use, use of the Property shall be limited solely to an Assisted Living Residence ( "ALR ") and accessory uses as permitted by the Zoning Administrator. Permitted accessory uses shall include, but not be limited to, central dining and kitchen facilities, fitness center, hair salon, laundry and similar uses. For purposes of this application, and in accordance with a determination by the Zoning Administrator, said ALR use is an "Institutional" use. Maximum Gross Square Footage. Development of the ALR building on the Property shall not exceed a total of 72,000 square feet of gross floor area (exclusive of the maintenance facility), with up to a maximum of 97 beds. Said ALR building shall be constructed at one time, and not in multiple phases. The maintenance facility shall comprise tip to an additional 1,200 square feet of gross floor area. Nothing herein shall be construed to limit the Applicant's ability to utilize cellar or attic space for storage or other uses not occupied by humans. Maximum Building Heights. As depicted on Sheet 9 of the Concept Plan, the maximum height of the main ALR building shall not exceed thirty (30) feet, with the exception of two cupolas, which shall not exceed a total of forty (40) feet each in height. The maintenance building shall not exceed twenty (20) feet in height. Said height shall be measured as defined by the Zoning Ordinance and shall be exclusive of those structures that are excluded from the maximum height regulations as set forth in the Zoning Ordinance. 7. ALR Building, Elevations. The architectural design of the ALR shall be substantially consistent in character, style and quality, with the conceptual building elevations depicted on Sheet 9 of the Concept Plan entitled "Building Elevations." The Applicant reserves the right to revise the elevations as a result of final architectural and engineering design, provided the character, style and quality of design remains consistent with that shown on the elevations, as determined by the Zoning Administrator. The building shall not have roof -top mechanical equipment, except exhaust fan(s) which shall be painted black. ALR Building Materials and Colors. The ALR building shall be constructed of high quality materials and be substantially consistent with the traditional style and the color palette attached to these proffers as "Exhibit 1 Colored Perspective Drawing" dated August 18, 2008 and as "Exhibit 3 Exterior Finish Materials Board" dated October 10, 2008. Amenities and Outdoor Recreation. At a minimum, the Applicant shall provide the following facilities or amenities for use by residents of the ALR and their guests; central dining room, indoor fitness room, sunroom, library, beauty salon and barber shop services, porches, outdoor landscaped courtyards, walking paths, benches and similar features. 2 10. Maintenance Facility Elevation, The architectural facade of the maintenance building shall be substantially consistent in character, style and quality, with the conceptual elevation depicted on Sheet 9 of the Concept Plan, In accordance with said elevation, the maintenance facility facade treatment shall consist of brick along the western southern and northern sides of the building, 11. Dumpster Enclosure, The dumpster(s) pad shall be located adjacent to the "Maintenance Facility" and be enclosed within a solid, brick wall and gate, which shall be a minimum of eight (8) feet in height. 12. Restrictions on Trash and Recyclables Collection. Trash and /or recycling collection shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday. 13, Delivery Restrictions. Delivery hours shall be restricted to the hours of 7 a.m. to 7 p.m. Monday through Friday, unless unusual circumstances (such as emergencies, atypical weather or traffic conditions, or other rare events) require otherwise. 14. Vehicular Entrances, As depicted on the Concept Plan, vehicular access into the Property shall be solely from Fairview Street and shall consist of no more than two entrances, each of which shall accommodate two -way traffic and be constructed in accordance with DCSM requirements. 15. Minimum Open Space. A minimum of forty (40) percent of the Property shall be retained in open space. 16. Landscaping. Landscape plantings shall be substantially consistent with the quality, quantity and the locations depicted on the Concept Plan. Supplemental plantings shall be provided to meet the minimum buffer requirements as set forth in the Zoning Ordinance and to fill gaps in the vegetation along the perimeter of the site to the extent practicable. At the time of planting, the minimum caliper/height for trees shall be as follows: canopy, including street trees, shall be two (2) inch caliper, and ornamental deciduous shall be six (6) feet in height. The minimum height for evergreen trees shall be seven (7) feet. Actual types and species of vegetation shall be determined pursuant to more detailed landscape plans submitted at the time of the first and all subsequent submissions of site plans. Such landscape plans shall provide tree coverage and species diversity consistent with Zoning Ordinance criteria. The Applicant reserves the right to make modifications to such landscaping to reasonably accommodate utilities, provided such relocated landscaping shall retain a generally equivalent number of plantings and shall continue to reflect the concepts on the approved Concept Plan, subject to written approval by the Zoning Administrator or his designee. In the event that, during the process of site plan review, any landscape plantings shown on the approved Concept Plan cannot be installed in order to locate utility lines or meet other requirements, then an area of additional landscaping generally consistent with that displaced shall be substituted at an alternate location on the Property, subject to approval by the Town Zoning Administrator or his designee. 17. Tree Preservation. Within the areas identified on the Concept Plan as "Tree Preservation Area," The Applicant shall not disturb healthy trees, provided, however, that healthy trees may be removed to the extent necessary for the construction of utilities and storm water management facilities that are required pursuant to these proffers and /or pursuant to the approved construction drawings for the Property. A minimum of eighty (80) percent of the canopy within the cumulative Tree Preservation Area depicted on the Concept Plan shall remain undisturbed. The area of canopy within the Tree Preservation Area shall be calculated based on a minimum of four (4) inches in diameter as measured at four and one -half feet (4.5 ") above ground- level. The boundaries of the Tree Preservation Area shall be delineated on any record plat recorded for the Property. Any trees damaged during construction shall be removed by the Applicant prior to occupancy of the use. If it is determined by the Town's Urban Forester that any healthy tree located within the boundaries of the Tree Preservation Area has been damaged during construction and will not survive, then, prior to the issuance of the occupancy permit, the Applicant shall remove said tree and replace it with one or more native, non- invasive deciduous trees, each with a minimum caliper of two and one -half inches (2.5 ") and, as necessary to equal the total diameter of the removed tree. The placement of said replacement trees shall be proximate to the area of such damaged tree so removed, or in another area, as determined by the Town Urban Forester. Concurrent with submission of the first construction plan for the Property, the Applicant shall submit to the Town a Tree Management Report pertaining to the Tree Preservation Areas identified on the Concept Plan. The record plat for the Property shall contain a note stating that the removal of healthy trees within a Tree Preservation Area is prohibited, except as permitted under this Proffer Statement. Accordingly, the site plan shall include a provision that states that the removal of trees shall 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 note shall state that such provisions governing tree removal shall not be amended by the owner without written approval from the Town. 18. Landscaped Berm. An earthen berm with landscaping shall be provided along the western and southern boundaries of the Property in substantial conformance with that shown on Sheet 3 of the Concept Plan. At the time of planting on the berm, evergreen trees shall be a minimum of seven feet (T) and deciduous trees a minimum of two (2) inches in caliper, with the understanding that the Applicant reserves the right to relocate healthy trees which were previously planted by the existing school use. The Applicant shall be responsible for maintaining said landscaped plantings on the berm and, as necessary, for replacing any diseased or dying trees and shrubs located on the homeowners' side of the berm with replacement plantings to equal the type and total caliper of the removed tree. Applicant shall replace such diseased or dying trees and shrubs (or post a bond for replacement if it is not the appropriate time of year for planting) within thirty (30) days of receipt of written notice from the Zoning Administrator that replacement is required. 19. Provision of 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. The Applicant shall install public water and sanitary sewer facilities in accordance with the policies and standards of the utility provider. 20. Undereround Utilities. To the extent possible and as permitted by the applicable utility companies and the Town, as applicable, the Applicant shall place all utilities serving the Property underground. Upon request by the Applicant prior to approval of the final site plan, the Zoning Administrator may waive /modify the requirement to place utilities underground without approval of a Rezoning Amendment upon a determination that such requirement (a) is physically and /or economically infeasible or impractical; (b) would require the Applicant to secure easements or consents from third - parties that, despite having been diligently pursued by the Applicant, are not available; and/or (c) would result in an unreasonable cost to the Applicant. 21. Fire and Rescue Cash Contribution. At the time of issuance of the initial occupancy permit, the Applicant shall make a one -time cash contribution to the Town in the amount of $0.15 per gross square foot of building area for distribution to the Leesburg Volunteer Fire Company and the Loudoun County Volunteer Rescue Squad serving the Property. 22, Transportation Cash Contribution. At the time of issuance of the initial occupancy permit, the applicant shall make a one -time cash contribution, based upon the number of beds up to a maximum of 87, for a total amount not to exceed $58,800.00, payable to the Town, to be used for regional road improvements. 23. Internal Pedestrian Circulation. The Applicant shall construct a comprehensive pedestrian system throughout the Property, generally in accordance with the conceptual layout shown on Sheet 7 of the Concept Plan. Each on -site sidewalk shall be constructed to the width shown on the Concept Plan for such sidewalk and shall be maintained by the Applicant. Sidewalk improvements within existing or proposed Town right -of -way shall be in accordance with the Town requirements. 24. Fairview Street Asphalt Trail, The Applicant shall repair and /or reconstruct the existing asphalt trail along the Fairview Street frontage of the site within the public right - of -way for Fairview Street, subject to Town approval. 25. Stormwater Management. A Stormwater ManagementBest Management Practice ( "SWM/BMP ") facility shall be provided on -site generally in the Iocation depicted on the Concept Plan. The Applicant shall construct and maintain said facility as a "dry pond" in accordance with the DCSM requirement and shall grant an easement to the Town to provide access to the stormwater facility by the Town, No fencing shall be provided around said dry pond. An increase in the amount of clearing and /or grading for this facility from that shown on the Concept Plan (to include clearing and grading associated with any spillways, outfall pipes, and/or maintenance roads) shall be permitted. 26. Low Impact Development ("LID"). The Applicant shall provide low- impact development features to include, at a minimum, two filterra structures located on two inlets in the front parking lot, or two similar LID features that achieve the same objective. 27, Outdoor Lighting. All parking lot light poles shall be a maximum of fifteen (15) feet in height, including the base, and shall be inward directed, low -glare and have full- cut -off fixtures. Said light poles shall be compatible with "Exhibit 2 Typical Light Pole" attached to these Proffers. Outdoor security lighting shall have automatic cut -offs and motion detectors, as appropriate. 28. Emergency Access Route, As labeled and delineated on the Concept Plan, the "Emergency Access Route" shall not be lighted, except for low -level walking path lights which may be provided, and shall be open to vehicles only in the event of an emergency The composition of said "Emergency Access Route" shall be subject to the approval of the Fire Marshall prior to final site plan approval. 29. Eneru- Efficiency. The Applicant shall conform to "Energy Star" standards for said ALR building. 30. Mini -Bus. The Applicant shall provide a chauffeured mini -van or small shuttle bus for residents' use only. 31. Security. Exterior doors shall be locked and /or monitored by employees on a 24 -hour basis. 32. Construction Mitigation, The Applicant shall make all reasonable efforts, as determined by the Zoning Administrator, to reduce the impact of construction dust on adjacent residences through the use of watering and other dust reduction techniques. 33. Community Liaison. Immediately prior to commencement of on -site construction, the Applicant shall provide in writing to the President of the Old Waterford Knolls Homeowners' Association. (the "HOA President ") the name, phone number and other contact information for the senior - level, on -site employee (the "Construction Superintendent ") who shall be responsible for responding to neighborhood questions and concerns on a timely basis. At least two weeks prior to the initiation of land - clearing activities on the site, and continuing until issuance of the occupancy permit, the "Construction Superintendent" shall contact the BOA President to make himself/herself available to meet with said BOA, if requested, to review the construction schedule and to listen and respond to questions or concerns raised by the BOA. Subsequent to issuance of the occupancy permit, said BOA President shall be given in writing the name, phone number and other contact information for the week -day "Executive Director," who shall be the on -site employee responsible for responding, on a timely basis, to questions or concerns raised by the HOA. Said requirements shall be applicable to any subsequent owner /operator of the facility. 34. Community Meeting Space. With adequate notice, the Applicant shall make available space for meetings of the Old Waterford Knolls Homeowners' Association on a periodic basis. 35. Escalator. All monetary contributions required by these Proffers shall be adjusted for inflation, in conformance with the Consumer Price Index, occurring subsequent to the date of the Rezoning approval and up to the date of payment of the respective contribution. 36, Advertisement for Potential Sale of Farmhouse. On or before March 15, 2009, the Applicant shall place a one -time advertisement, in a newspaper of general circulation in the Town, offering to sell the farmhouse on the Property at a price of no more than one dollar ($1.00) to an interested party that can demonstrate the authority and ability to timely relocate the farmhouse at no cost to the Applicant. On or before June 15, 2009 such interested party must notify the Applicant of its desire to purchase and relocate the farmhouse and provide reasonable assurances of its authority and ability to do so. If more than one interested party provides such notice, the Applicant may select the party to whom to sell the farmhouse, in the Applicant's sole discretion. If a party provides such notice and reasonable assurances, the Applicant shall permit such party to relocate the farmhouse, provided such relocation is completed within no more than thirty (30) days of notice by the Applicant. In the event no third party purchases and completes the removal of the farmhouse within said time periods, then the Applicant shall be permitted to demolish the farmhouse and have no remaining obligations under this Proffer. 37. Density Credit. All intensity of use attributable to land areas dedicated and/or conveyed to the Town or any other State agency at the Applicant's expense pursuant to these Proffers is hereby reserved to the residue of the Property. 38, Warranty. The Owner warrants that all of the owners and contract purchasers 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 Proffers, 39, Counterparts. To facilitate execution, this Proffer Statement may be executed in as many counterparts as may be required. It shall not be necessary that the signature on behalf of all the parties to the Proffer Statement appear on each counterpart of this Proffer Statement. All counterparts of this Proffer Statement shall collectively constitute a single instrument. 40. Successors and Assiens. Each reference to "Applicant" in this Proffer Statement shall include within its meaning, and shall be binding upon, Applicant's successor(s) in interest, assigns, and/or developer(s) of the Property or any portion of the Property. HHHunt Assisted Living, Inc. Applicant Name: Title: V 1? STATE OF 6L V <A o.�- c CfW/COUNTY OF (,isciV , to -wit; Before the undersigned, a Notary Public in and for the aforementioned jurisdiction, personalty appeared James M. Nicholson, as Vice President of HHHunt Assisted Living Facility, Inc., who acknowledged that he executed the foregoing Proffers with the full power and authority to do so, as the act of such corporation. IN WITNESS WHEREOF, I have affixed my hand and seal this day of M(A rCX . , 2012. R CO ` ► ►►1►liO, C `V IJUU 13 ' Notary Public 1+1 OSARY v� 4II/ 111111i11►10,��. 8 Spring Arbor of Leesburg Limited Partnership Title Owner By: Name: Title: STATE OF k1oA -v G,a 1,, COY /COUNTY OF biLtihe , to -wit; Before the undersigned, a Notary Public in and for the aforementioned jurisdiction, personally appeared James M, Nicholson, as Vice President of HHHunt Assisted Living, Inc., the General Partner of Spring Arbor of Leesburg Limited Partnership, who acknowledged that he executed the foregoing Proffers with the full power and authority to do so, as the act of such corporation. IN WITNESS WHEREOF, I have affixed my hand and seal this �` day of VY\ c1'r l_ , 2012. `,4 {1411!11/ /j RcO0 ........... ,.�- 3 %AoTARY�. Cot?► PUBLIC 1 ti� �J Notary Public Registration No. N My Commission Expires: Cou E