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2012_06_12_O016 TLZM 2010-0003 Village at LeesburgThe Town of Leesburg, Virginia PRESENTED: June 12, 2012 ORDINANCE NO. 2012 -0 -016 ADOPTED: June 12, 2012 AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT TLZM 2011 -0002, VILLAGE AT LEESBURG, AMENDING TLZM - 2010 -0003 TO REVISE THE UNIT TYPE, DENSITY AND DESIGN OF RESIDENTIAL DWELLINGS IN LAND BAY C, ON THE PROPERTY IDENTIFIED AS PIN 149 -17 -4430, LOCATED AT CROSSTRAIL BOULEVARD AND RUSSELL BRANCH PARKWAY. WHEREAS, application has been jointly filed by Carlyle /Cypress Leesburg I, LLC and Springfield East, LC for a concept plan and proffer amendment to revise the unit type, density, and design of residential units within Land Bay C of TLZM- 2010 -0003, the Village at Leesburg; and WHEREAS, a duly advertised Planning Commission public hearing was held on May 3, 2012; and WHEREAS, at their regular meeting of May 3, 2012 the Planning Commission recommended conditional approval of this application to the Town Council; and WHEREAS, the Town Council held a duly advertised public hearing on this application on June 12, 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. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia that Concept Plan and Proffer Amendment TLZM- 2011 -0002, Village at Leesburg, is approved subject to the proffers last dated May 22, 2012. -2- A RESOLUTION: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT TLZM 2011 -0002, VILLAGE AT LEESBURG, AMENDING TLZM- 2010 -0003 TO REVISE THE UNIT TYPE, DENSITY AND DESIGN OF RESIDENTIAL DWELLINGS IN LAND BAY C, ON THE PROPERTY IDENTIFIED AS PIN 149 -17 -4430, LOCATED AT CROSSTRAIL BOULEVARD AND RUSSELL BRANCH PARKWAY. PASSED this 12th day of June, 2012. 1s . Unisl6tta , Mayor Town of Leesburg ATT T: Clerk o ou 1 P: \Ordinances\2012 \0612 TLZM 2011 -0002 Village at Leesburg.doc PROFFER STATEMENT Rezoning # TLZM 2011 -0002, Village at Leesburg Record Owner: Springfield East, LC, Owner of MCPI # 149 -17- 4430;150 -49 -0155; 149 -19 -2655 (Collectively 76.17 Acres) Date: May 22, 2012 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, Springfield East, LC (hereinafter called the "Applicant'), the owner of 36.40 acres of real property zoned Planned Residential Community ( "PRC ") (hereinafter the "Property" or "Land Bay C ") and 38.65 acres of real property zoned Industrial /Research Park ("I -1") (hereinafter "Land Bays D & E ") respectively described as Loudoun County MCPI Numbers: 149 -17 -4430, 149 -19 -2655 and 150 -49 -0155 (hereinafter collectively referred to as the "Project'), which is more particularly described on Sheet 1 of the Concept Plan described below, hereby proffers on behalf of itself and its successors and assigns, that if Town Council approves TLZM 2011 -0002, Land Bay C shall be developed and used consistent with the following terms and conditions. Said terms and conditions supersede any inconsistent prior proffers that have been offered for Land Bay C, including any proffers associated with Rezoning Application TLZM 2004 -0005, approved November 8, 2005; Rezoning Application TLZM 2008 -0003, approved September 9, 2008; Rezoning Application TLZM 2008- 0010, approved June 9, 2009; Rezoning Application TLZM 2009 -0008, approved April 13, 2010; and Rezoning Application TLZM 2010 -0003, approved January 10, 2012. PROFFERS I. SUBSTANTIAL CONFORMANCE WITH CONCEPT PLAN, USE, AND DEVELOPMENT A. Substantial Conformance. Development of Land Bay C will be in substantial conformance with Sheets 1, 3 -15 of the Concept Plan prepared by Urban, dated June 30, 2011, as revised May 14, 2012 (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 alterations to meet Town Subdivision and Land Development Regulations, Town Zoning Ordinance Regulations (the "Zoning Ordinance ") and the Town Design and Construction Standards Manual ( "DCSM ") requirements (collectively the "Town Development Regulations "). Land Bay C shall be developed with single - family attached and multi- family uses as shown on the Concept Plan. Uses listed under Zoning Ordinance Section 8.5.3 that require special exception approval shall continue to require special exception approval before they may be developed on Land Bay C. Occupancy permits will be issued only for units on streets that have been inspected and authorized for opening by the Town. US ACTH£ -009390747.5 B. Community Desion. 1. Site Features. The following design elements will be incorporated in the development of Land Bay C as shown on the Concept Plan: a. Street trees will be planted along Crosstrail Boulevard, Russell Branch Parkway, and Private Streets A -K, in the approximate location and number shown on Sheets 10 and 11 of the Concept Plan. b. Sidewalks will be provided Plan. All sidewalks will concrete. Sidewalks will adjacent buildings. as shown on Sheet 8 of the Concept be five (5) feet wide and shall be be constructed concurrently with C. Pedestrian crosswalks depicted on the Concept Plan shall be constructed consistent with Zoning Ordinance and DCSM requirements. A speed table will be constructed in Private Street J in the location indicated on Sheet 4 of the Concept Plan. d. A landscape /entry feature will be constructed at each of the two vehicular entrances to Land Bay C in the approximate location shown on Sheets 10 and 11 of the Concept Plan and detailed on Sheet 13 detail 3 of the Concept Plan. The landscape /entry feature will be constructed and landscaped prior to issuance of the first occupancy permit for any unit in Land Bay C. e. The central green at the corner of Private Streets J and D will be constructed in the location shown on Sheet 10 of the Concept Plan with the features shown on Sheet 13 detail 1 of the Concept Plan. The central green will be constructed and landscaped prior to issuance of the first occupancy permit for any dwelling unit in Land Bay C. f. Clusters of mailboxes shall be constructed in the approximate locations shown on Sheets 4 and 15 of the Concept Plan consistent with detail 2 of Sheet 14 of the Concept Plan. Mailboxes will be constructed as needed for groups of buildings. g. Consistent with details on Sheet 13 of the Concept Plan, streetlights will be constructed in the locations shown on Sheets 4 and 15 of the Concept Plan. Streetlights will be constructed along with the adjacent street. h. Consistent with Detail 5 depicted on Sheet 12 of the Concept Plan, electrical transformers and similar utility pedestals will be screened with vegetation. -2- US-ACTIVE-109390747.6 i. Prior to the occupancy of the first unit in Land Bay C, Applicant shall install traffic signal loop detectors at the 2 entrances to Land Bay C from Russell Branch Parkway and recalibrate the signals to control traffic on Land Bay C. Any improved disturbed areas, such as curbing or asphalt, shall be repaired or restored to like kind condition. 2. H -2 Corridor Regulation. Land Bay C is subject to the H -2 Corridor Design Guidelines. Prior to approval of the first record plat or site plan for any residential uses on any portion of Land Bay C, the Applicant shall obtain Board of Architectural Review (BAR) approval for revisions to the Village Center Guidelines, as amended, which include the single - family attached and "stacked" multi - family dwelling units. The revisions to the Village Center Guidelines shall be composed of the following elements and be similar to the illustrative concepts depicted on Sheets 19 through 21 of the Concept Plan; a. Building fronts are defined as that elevation where the main entrance is located. All building fronts shall be articulated in a pattern similar to Figures 2, 3, and 6 on Sheet 19 of the Concept Plan. Buildings shall not have completely flat fagades, as illustrated in Figure 7 on Sheet 19 of the Concept Plan. Building fronts shall be varied by a combination of at least two of the following elements: i. bay windows or window boxes ii. entry porches, either recessed by more than 2 feet or covered with a roof extending beyond the front fagade by at least 2 feet iii. window and door pediments, iv. Corbels, which extend a minimum of 10" beyond the front fagade Lots I and 84 as shown on Sheet 4 of the concept plan shall have main entries on the Russell Branch Parkway elevation. The Russell Branch elevation of Lots I and 84 shall be treated as fronts. The elevation of lot 84 facing Crosstrail Blvd shall be treated as a front. The elevation of lot 1 facing Private Street A shall be treated as a front. All front elevations of lots 1 and 84 shall comply with i. through iv. above. b. Roof form: A minimum of one -third (1 /3) of the units in any "stick" will include dormers or reverse gables. C. All building fronts will be at least 75% masonry or stone. The remainder of the frontage may be complimentary painted beaded cementitious horizontal siding(such as "HardiePlank "). Masonry and paint colors will be varied similar to the variation shown in Figure 7 on Sheet 19 of the Concept Plan. At least 3 colors of masonry will be used for each stick of buildings. -3- US_ACTIVE- 109390747.5 d. Building sides are defined as any elevation between the front and rear. All building sides will include the following features: i. 50% masonry or stone, and ii. Complementary painted beaded cementitious horizontal siding (such as "HardiePlank "), vinyl horizontal siding and iii. Provide windows, including pediments or other similar architectural detailing; and iv. Raised panel shutters (minimum 12" width). e. Building rears are defined as the elevation opposite the front. f. Single - family attached building rears shall include: i. Cementitious or vinyl horizontal siding, masonry or stone. ii. At least 3 varying colors of the same shade of color shall be used for siding each stick of buildings. iii. At least 50% of the units in a "stick" shall be articulated with bump outs or bay windows. g. "Stacked" multifamily building rears shall include: i, Cementitious or vinyl horizontal siding, masonry or stone. ii, At least 3 varying colors of the same shade of color shall be used for siding each stick of buildings. iii. First level fagade of the lower unit shall be masonry or stone similar to the conceptual illustration shown in Figure 8 on Sheet 20 of the Conceptual Plan . iv. Window wraps and pediments similar to the conceptual illustration shown in Figure 8 on Sheet 20 of the Conceptual Plan. v. One bay window or bump out projecting at least 18" on at least 50% of the units. h. All garage doors shall be carriage type similar to the conceptual illustration shown in Figure 14 on Sheet 21 of the Conceptual Plan, in colors to compliment that elevation. i. French doors are prohibited on any front elevation. j. The Applicant shall provide a Colonial color pallet that will be used throughout Land Bay C. k. Sprinkler equipment on multifamily buildings will be screened within a mechanical room. -4- uS ACTiv &109390747.6 Any exterior mounted electric or gas meter gangs shall be screened with fencing or landscaping. m. Four garden walls, similar to the conceptual illustration shown in Figure 16 on Sheet 21 of the Concept Plan, will be constructed at buildings A, B, D, and E at the ends of the building adjacent to streets C and G to screen parking. n. There shall be no unpainted wood on any building(i.e.: pressure treated). o. Any elevation facing Russell Branch Parkway will be constructed using double pane windows with a minimum manufacturer's published Sound Transmission Class (STC) rating of 25 or Outside - Inside Transmission Class (OITC) rating of 22. P. Energy Conservation. All dwellings constructed within Land Bay C shall be designed and constructed as ENERGY STAR qualified homes. With the submission of a zoning permit for each building, the Applicant shall provide certification that the construction documents have been reviewed by a qualified Home Energy Rater, and that the building meets ENERGY STAR standards. Prior to the issuance of an occupancy permit, a "wet" ENERGY STAR ® label must be verified at each dwelling unit's electrical panel and a copy of the Home Energy Rating report shall be provided by the Home Energy Rater. The Home Energy Rating report and must include the home address, builder's name, Rater name, and date verified. 3. Covenants, Conditions and Restrictions. The Applicant shall create a declaration of covenants, conditions and restrictions (the "Declarations ") to coordinate development within Land Bay C, which shall address all proffered design elements and such items as architectural controls, signage, building materials, lighting and landscaping as set forth on the Concept Plan Sheets 1, 3 -14. An Owners Association(s) or another identifiable single entity (i.e., owner) shall be formed to oversee the on -going management and maintenance of the common areas of Land Bay C, including landscaping and maintenance of such common areas. The Declarations shall include the following restrictions for development of Land Bay C: a. Prior to the rental or sale of any dwelling unit constructed on Land Bay C, covenants will be recorded against Land Bay C prohibiting outside storage or placement of garbage cans except for days of trash collection. -5- US ACTNEA09390747.6 b. Covenants will also provide for architectural guidelines for any exterior alterations including fencing, decks, storm doors, and sheds. C. Prior to the sale of any constructed unit, covenants will be recorded prohibiting conversion of any garage to living space. Landscape stones/borders around planting beds will be prohibited. II. ACTIVE RECREATION AND TRAIL CONSTRUCTION A. Parks and Recreation Contribution. At the time of issuance of an occupancy permit for each dwelling unit on Land Bay C, the Applicant will pay to the Town of Leesburg One Thousand and 001100 Dollars ($1,000.00) for Town of Leesburg public park or recreation improvements. B. Shared Use Path. Prior to construction of the 100th dwelling unit, Applicant will build a ten -foot wide privately maintained shared use path constructed with 6 inches gravel and 1.5 inches asphalt, generally as depicted on Sheet 8 of the Concept Plan. Portions of the path may be located on or adjacent to that portion of the Property that overlays a sewer easement or lies within the 100 year floodplain. Applicant may meander the path to consider physical and engineering constraints such as but not limited to steep slopes or vegetation. Applicant may design the path to follow the natural grades of the site so as to minimize or eliminate changes to the floodplain. If a change to the 100 year floodplain is proposed which requires FEMA review, Applicant will submit any necessary flood plain studies and applications for floodplain alteration to the Town and FEMA for review and approval. At time of final record plat approval for adjacent portions of Land Bay C, Applicant will provide a public trail easement to the Town in the location generally depicted on Sheet 8 of the Concept Plan which would allow the Town to extend the shared use path to the western property line of Land Bay C. III. UTILITIES Prior to issuance of the first occupancy permit for any dwelling unit on Land Bay C, the Applicant shall construct a sanitary sewerage pump station with gravity line generally in the alignment on Sheet 5 of the Concept Plan. The pump station will be subject to approval by the Town engineer and Utilities departments. If the design requires Virginia Department of Environmental Quality review, then it will also be subject to that approval. The Applicant shall be responsible for the extension of water and onsite gravity sewer to Land Bay C at no cost to the Town, and shall be responsible for all Land Bay C water and sewer pro -rata fees. The Applicant acknowledges the close proximity of Land Bay C to the Town's Water Pollution Control Facility (WCPF) and potential for occasional odor problems. M US-ACTIVE-109390747.5 IV. ANNEXATION AREA DEVELOPMENT POLICIES AND CAPITAL FACILITY PAYMENTS Consistent with Town Plan policies and guidelines, the Applicant agrees to comply with Town Council Resolution 2005 -111 by paying Seven Thousand Eight Hundred Nine and 00 /100 Dollars ($7,809.00) for each multifamily unit and Fifteen Thousand Six Hundred Nineteen and 00 /100 Dollars ($15,619.00) for each single family attached unit developed on Land Bay C. The Applicant agrees to pay up to a total of Five Hundred Fifty -Nine Thousand Seventy -Two and 08 /100 Dollars ($559,072.08) payable at the rate of Three Thousand Three Hundred Twenty -Seven and 81/100 ($3,327.81) per dwelling unit, to the Town to offset any payments owed to the County under the Annexation Agreement (the "AADP's "). The above payments shall be made at the time of issuance of a zoning permit for each such unit and shall be made no later than issuance of an occupancy permit for each residential unit constructed on Land Bay C. Said contributions shall be made to the Town if the AADP's are no longer applicable or if the Town has met its obligations under the AADP's. V. FIRE AND RESCUE CONTRIBUTION Prior to the issuance of an occupancy permit for each dwelling unit, the Applicant shall make a one -time contribution of One Hundred Twenty Dollars ($120.00) per residential dwelling unit constructed on Land Bay C payable to the Town of Leesburg for distribution to the fire and rescue companies providing service to Land Bay C. The contribution shall be divided equally between the primary servicing fire and rescue companies. This contribution shall escalate on a yearly basis from the base year of 2012 and change effective each January 1 thereafter based on the Consumer Price Index (CPI) for the Washington Metropolitan SMSA. VI. FIRE ALARM AND SPRINKLERS All multifamily buildings in Land Bay C shall include automatic sprinklers, designed and installed to applicable building code standards. -7- US ACTIVE•109390747.5 VII. MISCELLANEOUS These proffers are filed in accordance with Section 15.2 -2303 of the Code of Virginia, as amended, and Section 3.3.16 of the Town Zoning Ordinance. The term 'DEDICATION" as used herein shall mean convey by general warranty deed fee simple title to the land to the Town or VDOT, free and clear of any defects in title liens or encumbrances at no cost to the Town or VDOT in a form approved by the Town Attorney. The term "easement" as used herein shall mean grant by deed and easement interest to the Town or VDOT at no cost to the Town or VDOT in a form approved by the Town Attorney. The Applicant 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. Final plats, development plans, and construction drawings for development on the Property are subject to the applicable Town regulations. The Applicant 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. (Remainder of Page Intentionally Left Blank) -8- US ACTNE- 108390747,5 SPRINGFIELD EASZ LC LON Robert C. Kettler, Manager COMMONWEAL.,TH OF VIRGINIA COUNTY OF FAIRFAX; to -wit: Before the undersigned, a Notary Public in and for the aforementioned jurisdiction, personally appeared Robert C. Kettler, as Manager of Springfield East, LC, who acknowledged that lie executed the foregoing Proffers with the full power and authority to do so. IN WITNESS WHEREOF, I have affixed my hand and seal this day of June, 2012. , ��� Notary Public My Commission Expires;- 053015 Notary Registration No: 3 -9- A ~sN C ad ommonwealth of *9lnta Nota ubllo 389789 QLC00Mmje91orynPNo- 00=18abn Exome 6x3114015 US ACTNEA09390747.5