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Home My Public Portal About2013_01_08_O001 TLZM 2011-0004 Potomac Station Parcel B-2- AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT TLZM 2011 -0004, POTOMAC STATION PARCEL B, BY AMENDING ZM -154 TO DELAY THE CLOSING OF THE BATTLEFIELD PARKWAY MEDIAN BREAK, MEMORIALIZE THE DENSITY RESTRICTIONS AS ESTABLISHED BY ZM -154, AND CREATE A SINGLE SET OF PROFFERS APPLICABLE TO APPLICANT'S PROPERTY (PARCEL B) PASSED this 8th day of January, 2013. &— seen C. Urnstattd, Mayor Town of Leesburg P: \Ordinances\2013 \0108 TLZM 2011 -0004 Potomac Station Retail Parcel B.doc POTOMAC STATION RETAIL TLZM 2011 -0004 PROFFER STATEMENT December 20, 2012 Pursuant to Section 15.2 -2303 et seq. of the Code of Virginia (1950), as amended, and Section 3.3.16 of the Zoning Ordinance of the Town of Leesburg (the "Zoning Ordinance "), Potomac Station (E &A), L.L.C., a Virginia limited liability company, (hereinafter referred to as the "Applicant "), who is the applicant herein and owner of approximately 19.00 acres of land described in the Loudoun County tax records as PIN 148 -27 -0709 and PIN 148 -16 -4540, collectively, (hereinafter referred to as the "Property" or "Mixed Use Parcel B ") who is seeking approval by the Town of Leesburg (hereinafter referred to as the "Town ") of an amendment of the concept plan and proffers applicable to the Property as approved by the Town in Rezoning Application TLZM -134, as amended in Rezoning Applications TLZM -147 and TLZM -154, hereby submits the following voluntary proffers which are contingent upon Town Council approval of the above - referenced amendment of the concept plan and proffers. Consistent with TLZM 2006 -0011, these proffers and this amendment do not apply to the residential portion of the Potomac Station Planned Residential Community ( "PRC ") or to Mixed Use Parcel A. These proffers shall replace all prior proffers in effect for the Property. 1. Permitted Uses and Development DensitX: The Property may be developed with a maximum of 160,000 square feet of the non - residential uses described in Section 8.5.2.A and Section 8.5.3 of the Zoning Ordinance, but those uses which require special exception approval pursuant to Section 8.5.3 shall continue to require special exception approval before they may be developed on the Property. However, in no event shall only one use be permitted on the Property. The Property shall be developed in substantial conformance with the Zoning Ordinance, applicable Town land development regulations, and the Market Station at Potomac Station Concept Plan, Sheets 1 through 5, dated February 24, 1998, as revised June 19, 1998, prepared by Dewberry and Davis, LLC, and incorporated herein by reference (hereinafter referred to as the "Concept Plan "), which shall control the use, layout and configuration of development on the Property, with reasonable allowances to be made for engineering and design alteration and to meet Town zoning, subdivision and land development regulations, except as specifically modified in this application, TLZM 147 or TLZM 154. Waivers and /or modifications may be granted provided that such waivers and /or modifications are in substantial conformance with these proffers, the Concept Plan and TLZM 147 or TLZM 154. 2. Potomac Station Drive: Access to Mixed Use Parcel B from Potomac Station Drive shall be limited to the access points shown on the Transportation Plan, Sheets 2 through 5 of the Concept Plan. 3. Battlefield Parkway Median Break, Analysis: The Battlefield Parkway Median Break providing access to Mixed Use Parcel B shall be limited to the access point shown on the Transportation Plan, Sheets 2 through 5 of the Concept Plan (the `Battlefield Parkway Median Break "), The Battlefield Parkway Median Break shall remain in place, subject to the following conditions and limitations: a. Traffic Impact Analysis Scoping Meetings: The Applicant shall schedule traffic impact analysis Scoping meetings at least ninety days prior to January 1, 2017, and at least ninety days prior to January I" of each third year thereafter. The purpose of the Scoping meetings is to determine the extent to which the January 2017 TIA and any subsequent analyses, shall be updated to document the Level of Service of Battlefield Parkway at the Battlefield Parkway Median Break and the influences of the Battlefield Parkway Median Break on the intersections at Battlefield Parkway and Potomac Station Drive and Battlefield Parkway and Route 7 (the "Scoping Document "). The Scoping Document is to be prepared and signed by the Applicant and a qualified Town representative for use by the Applicant in preparing the traffic impact analysis to he smhmitted nn later than _Taruaru 1. 7817 an& nn la+ar than, iamim•cr_0 cif PuP2 -u }hurt! The Town of Leesburg, Virginia PRESENTED: January 8, 2013 ORDINANCE NO. 2013 -0 -001 ADOPTED: January 8, 2013 AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT TLZM 2011 -0004, POTOMAC STATION PARCEL B, BY AMENDING ZM -154 TO DELAY THE CLOSING OF THE BATTLEFIELD PARKWAY MEDIAN BREAK, MEMORIALIZE THE DENSITY RESTRICTIONS AS ESTABLISHED BY ZM -154, AND CREATE A SINGLE SET OF PROFFERS APPLICABLE TO APPLICANT'S PROPERTY (PARCEL B) WHEREAS, an application has been filed by Potomac Station (E &A), LLC for a proffer amendment to ZM -154 to delay the closing of the battlefield parkway median break, memorialize the density restrictions as established by ZM -154, and create a single set of proffers applicable to just the applicant's property, Parcel B of the Potomac Station mixed use center. WHEREAS, a duly advertised Planning Commission public hearing was held on December 6, 2012; and WHEREAS, at their regular meeting of December 6, 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 January 8, 2013; and 5. Battlefield Parkway Entrance Closure; The Battlefield Parkway Entrance point into Mixed Use Parcel B shall be permanently closed upon the construction of the Battlefield Parkway/Route 7 interchange by others and opening of such interchange for public use. —However, the right -in and right -out entrance may be permitted upon the expressed written consent from both VDOT and the Town of Leesburg, whereby an engineered design demonstrates adequate vehicular movements meeting applicable VDOT design standards. 6. Noticing Requirements: In order to ensure tenants and other users of the non- residential development on Mixed Use Parcel B are fully cognizant of fixture removal of the Battlefield Parkway Median Break and traffic signal, the Applicant shall insert appropriate disclosure language into any and all leases, condominium documents, deeds of conveyance, or other appropriate instruments advising of this future event and shall install appropriate signage at this entrance point advising any and all persons of the future median break and traffic signal removal. 7. Potomac Station Drive Traffic Signal: Upon closure of the Battlefield Parkway Entrance the Applicant shall provide a signal warrant analysis for the possible traffic signal at the common median break entrance to Mixed Use Parcels A and B from Potomac Station Drive, as depicted on the Concept Plan: and referenced in TLZM -154. The Applicant shall bond and construct the traffic signalization at the common median break entrance upon a determination that applicable VDOT traffic signal warrants have been met by vehicle trips to and from Mixed Use Parcel B. However, the warrant analysis and construction of the traffic signal do not apply in the event the traffic signal is constructed by others. 8. Fire and Rescue Facilities: Subject to the limitations set forth below, the Applicant agrees to make certain non-refundable cash donations for the benefit of fire and rescue facilities providing service to the Property, which monies will be paid by the Town to Rind such facilities. For permitted non- residential development on the property, the Applicant agrees to make a cash contribution to the Town, upon issuance of an occupancy permit, in the amount of Ten cents ($0.10) per gross square foot of building constructed on the Property. Such contributions shall escalate on an annual basis in accordance with the Consumer Price Index utilizing 2012 as the base year. 9. Site Development Plans: As portions of Mixed Use Parcel B are approved by site plans for non - residential uses, the Applicant will submit the proposed building elevations and proposed building materials to the Town Board of Architectural Review for consistency review with the H -2 Corridor Design Guidelines. The undersigned hereby warrants that all owner of a legal interest in the Property have signed this Proffer Statement and that they have Rill authority to bind the Property to these conditions, and that the Proffers are entered into voluntarily. Witness the following signatures and seals this thday of January , 2013 01 (Signatures on following page] POTOMAC STATION (E &A), LLC, a South Carolina limited liability company By: Edens Limited Partnership, a Delaware limited partnership, its sole member By: EdVs'ent C, a Delawar united liability company, its sole general partner By: JMcLean & Chief Investment Officer STATE OF _ , (- CITYICOUNTY OF RA )A 4 , to -wit: I, H T , a Notary Public in and for the State and County aforesaid, do hereby certify that S-1�i ) ('ir✓i� f C� C 1 ti of Edens GP, LLC, which is the sole general partner of Edens Limited Partnership, which is the sole member of Potomac Station (E &A), L.L.C., has signed the foregoing writing which is dated , and has this day acknowledged the same before me in the aforesaid State and County. Given under my hand this _ day of sck N 20 LI - Public A. Notar Pu My Commission Expires: y 1 S Notary Registration No.: