HomeMy Public PortalAbout2013_12_10_O019 TLZM 2012-0003 Crescent Place The Town of
Leesburg,
lrglnla PRESENTED: December 10, 2013
ORDINANCE NO. 2013-0-019 ADOPTED: December 10, 2013
AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT
TLZM 2012-0003, CRESCENT PLACE, AMENDING TLZM-2005-0001
HARRISON PARK, AND REZONING 0.12 ACRES OF LAND FROM
CD-RH TO PRN, THE PROPERTIES BEING LOCATED NEAR THE
INTERSECTION OF HARRISON STREET AND CATOCTIN CIRCLE.
WHEREAS, a Rezoning Application has been filed by Leesburg Acquisition Partners
LLC for a concept plan and proffer amendment to TLZM-2005-0001 Harrison Park to allow
32,000 square feet of commercial uses and a maximum of 224 dwelling units. The subject
properties have the County of Loudoun parcel identification numbers 231-19-3353, 231-19-
6022, 231-19-6044, and 231-19-0774; and
Coo WHEREAS,the Rezoning Application has been jointly filed by AT&T Corporation to
rezone 0.12 acres of land to increase the existing building footprint by 2,300 square feet, with a
second story addition of 2,300 square feet. The subject property has the County of Loudoun
parcel identification number 231-19-2572, from CD-RH to PRN; and
WHEREAS, a duly advertised Planning Commission public hearing was opened on
September 15, 2013, and closed on October 3, 2013; and
WHEREAS, at their regular meeting of October 3, 2013,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 December 10, 2013; and
WHEREAS, staff recommended approval; and
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AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT TLZM
2012-0003, CRESCENT PLACE, AMENDING TLZM 2005-0001
HARRISON PARK, AND REZONING 0.12 ACRES OF LAND FROM
CD-RH TO PRN, THE PROPERTIES BEING LOCATED NEAR THE
INTERSECTION OF HARRISON STREET AND CATOCTIN CIRCLE.
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:
SECTION 1. Rezoning Application TLZM 2012-0003, for the property having the
County of Loudoun parcel identification number of 231-19-2572, is hereby rezoned to the PRN
district, subject to the proffers last dated December 10, 2013; and
SECTION 2. Rezoning Application TLZM 2012-0003, for the properties having the
County of Loudoun parcel identification numbers 231-19-3353, 231-19-6022, 231-19-6044, and
231-19-0774, is hereby approved, subject to the proffers dated December 10, 2013; and
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SECTION 3. The properties shall be developed in substantial conformance with the
concept plan and proffers prepared by Bowman Consulting dated November 5, 2012, and last
revised December 2, 2013; and
SECTION 3. The following modifications of the Town of Leesburg Zoning Ordinance
(TLZO) are hereby granted with the approval of Rezoning Application 2012-0003:
1. Reduced lot area, lot width and average lot size: (TLZO Sec. 8.3.2)
2. Credits for the location of residential parking spaces: (TLZO Sec. 11.3),
3. Modified commercial parking: (TLZO Sec. 11.3)
4. Reduced amount of loading spaces: (TLZO Sec. 11.9)
5. Alternate on-lot canopy coverage: (TLZO Sec. 12.3.1.E)
6. Reduced buffer-yards and screening material: (TLZO Sec 12.8.5.0 & 12.8.6.D)
Cw'
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AN ORDINANCE: APPROVING CONCEPT PLAN AND PROFFER AMENDMENT TLZM
(1100 2012-0003, CRESCENT PLACE, AMENDING TLZM 2005-0001
HARRISON PARK, AND REZONING 0.12 ACRES OF LAND FROM
CD-RH TO PRN, THE PROPERTIES BEING LOCATED NEAR THE
INTERSECTION OF HARRISON STREET AND CATOCTIN CIRCLE.
7. Extensions into required yards: (TLZO Sec. 10.4.5.C.4 and Sec. 10.4.5.C.5)
8. Reduced two-way parking aisle widths: (TLZO Sec. 11.6.2.C)
9. Modified signage for home occupation: (TLZO Sec. 9.4.3.E.10)
10. Modified projecting home occupation signs: (TLZO Sec.15.7.2.B)
11. Modified wall/marquee home occupation signs: (TLZO Sec.15.7.2.C)
12. Reduced open space for"infill"PRN: (TLZO Sec. 8.4.8)
SECTION 4. Severability. If a court of competent jurisdiction declares any provision of
this ordinance invalid,the decision shall not affect the validity of the ordinance as a whole or any
remaining provisions of this ordinance.
SECTION 5. This ordinance shall be in effect upon its passage.
PASSED this 10th day of December 2013.
-- . mstattd, or
Town of Leesburg
ATTEST:
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Clerk of Coun
P:\Ordinances\2013\1210 TLZM 2012-0003 Crescent Place.doc
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PROFFER STATEMENT
TLZM 2012-0003, CRESCENT PLACE
November 20, 2012
Revised March 28, 2013
Revised June 14, 2013
Revised August 14, 2013
Revised September 18, 2013
Revised October 8, 2013
Revised October 18, 2013
Revised November 1, 2013
December 2, 2013
December 6, 2013
December 9, 2013
December 10, 2013
Leesburg Acquisition Partners LLC, as the Owner of approximately 11.65 acres of land,
more particularly described as Loudoun County parcel identification numbers 231-19-3353, 231-
19-6022, 231-19-6044 and 231-19-0774 (hereinafter "LAP" and the "LAP Property,"
respectively) and AT&T Corp., as the Owner of approximately 0.12 acres of land, more
particularly described as Loudoun County parcel identification number 231-19-2572 to be
adjusted as hereinafter set forth to approximately 0.32 acres (hereinafter "AT&T" and the
"AT&T Property," respectively), hereby voluntarily proffer,pursuant to Section 15.2-2303 of the
Code of Virginia, 1950, as amended, and Section 3.3.16 of the Town of Leesburg Zoning
Ordinance, as amended, that the development of the Property shall be in substantial conformance
with the proffers as set forth below. All exhibits referred to in this proffer statement are attached
and incorporated into this proffer statement.
All proffers made herein are contingent upon the approval of the rezoning concept plan
and proffer amendment request in the pending application and upon approval of the zoning
modification requests. These proffered conditions are the only conditions offered on this
rezoning application, and will supersede and replace the previously approved proffers with
Harrison Park, TLZM 2005-0001. These proffers shall become effective only upon approval by
the Town Council of Leesburg, Virginia, of the Zoning Amendment application TLZM 2012-
0003.
Pursuant to proffer 11, below, AT&T has joined this application only for purposes of
rezoning the AT&T Property and determining the standards for development of the AT&T
Property and not for purposes of joining with LAP in the development and proffer commitments
for the LAP Property.
1. LAND USE
1.1 Concept Plan
1.1.1 LAP Property. Development of the LAP Property shall be in substantial
conformance with Sheets 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 17, 18, 19
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
and 24 of the Concept Plan, prepared by Bowman Consulting, dated
November 5, 2012 (hereafter referred to as the "CP") and revised through
December 2, 2013, which is attached to these proffers as Exhibit A and
which shall control the use, layout, and configuration of the Property, with
reasonable allowances to be made for engineering and design alteration
and to meet Town zoning, subdivision and land development regulations.
1.1.2 AT&T Property. Development of the AT&T Property shall be in substantial
conformance with Sheets 1, 2, 3, 4 and 23 of the Concept Plan, prepared by
Bowman Consulting, dated November 5, 2012 (hereafter referred to as the "CP")
and revised through December 2, 2013, which is attached to these proffers as
Exhibit A and which shall control the use, layout, and configuration of the
Property, with reasonable allowances to be made for engineering and design
alteration and to meet Town zoning, subdivision and land development
regulations.
1.2 Development Program
1.2.1 LAP Property. The LAP Property shall be developed with a mix of uses,
including a maximum of 224 dwelling units consisting of a combination of single
family attached and multi-family dwelling units (including those units located
above first floor commercial), and a minimum of 30,000 square feet of first floor
commercial uses and a maximum of 32,000 square feet of first floor commercial
uses such as retail, restaurant and office uses. The single-family attached
dwelling units shall consist of twenty-foot wide units and sixteen-foot wide units.
A minimum of 80% of the buildings containing single-family attached dwelling
units shall contain a mix of the two unit widths.
1.2.2 AT&T Property. The AT&T Property shall be developed with a public utility
use consisting of the existing building and a future two story expansion. The
future two story expansion shall have a maximum building footprint of 2,300
square feet with up to an additional 2,300 square feet on the second floor.
1.3 Phasing Plan
1.3.1 General. LAP shall construct the site improvements in accordance with the
Phasing Plan depicted on Sheet 13 of the CP. Each phase's public improvements
will be bonded for construction prior to the issuance of the first zoning permit for
any of the dwelling units contained within that phase's boundaries. Construction
of each phase's improvements will be completed prior to the issuance of the
occupancy permit for the unit reaching the fiftieth (50th) percent of the total
number of units in that phase (i.e., if a phase contains 100 units, the
improvements must be constructed prior to issuing the occupancy permit for the
50` unit). Site grading, installation of infrastructure, demolition of existing
structures and other land disturbance may occur anywhere on the Property
without regard to this phasing plan, subject to Town of Leesburg and County of
Loudoun approvals and/or issuance of permits as required.
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TLZM 2012.0003,Crescent Place
Proffer Statement
December 10,2013
tklior 1.3.2 Phase 1. The Phase 1 improvements will include (i) the recordation of the
boundary line adjustment plat between LAP and AT&T and removal of
any and all existing structures required in connection with such
recordation, prior to the recordation of any subdivision, (ii) the provision
of emergency vehicle access, which is adequately demonstrated on the
initial site development plan for the LAP Property; permanent access from
Industrial Court shall be constructed and open to the public prior to the
first occupancy permit for any building in any phase, unless a permanent
entrance from Harrison has been constructed and is open to the public,
and (iii) the issuance of a commercial occupancy permit shall be required
prior to the issuance of the 75th residential occupancy permit.
1.3.3 Phase 2. The Phase 2 improvements will include (i) the issuance of
commercial occupancy permits in excess of 7,000 square feet prior to the
issuance of the 150th residential occupancy permit.
1.3.4 Sequencing. The numbering of the phases in this proffer does not
necessarily represent the sequential order during which the proposed
phases will occur, but rather the improvements that will be provided
concurrent with each phase of development. Notwithstanding the prior
sentence, Phase 1 will occur first in time to be followed by or concurrent
with Phases 2and 3.
1.4 Parking
Parking is being provided as shown on Sheet 3 of the CP and pursuant to the
modification of Section 11.3 of the Zoning Ordinance. As part of the justification
for the parking modification request, LAP shall contribute $135,000 to the Town
of Leesburg in addition to constructing the spaces on the town-owned parking lot
and on Harrison Street as shown on Sheet 25 of the CP. The payment of this
contribution shall be made in five installments in the amount of$27,000, with each
installment, to be paid at the time of issuance of the first occupancy permit for
commercial use for each of the buildings designated for first floor commercial use
identified as Buildings A, B, D, E and L on Sheet 3 of the CP. These funds may be
used by the Town for the provision of public parking within the Downtown and/or
Crescent Design District areas of Leesburg.
2. TRANSPORTATION IMPROVEMENTS
2.1 Internal
2.1.1 Sidewalks. Sidewalks shall be constructed on both sides of all parking
courts on the LAP Property, and shall be a minimum of eight-feet wide
inclusive of the street trees and the associated planting area. Internal
sidewalks that are not adjacent to any parking court shall be a minimum
of five-feet wide. All sidewalks internal to the LAP Property shall be
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
constructed of brick material. Planting areas for internal street trees shall
be comprised of enhanced/amended planting media suitable for urban
settings.
2.1.2 AT&T Access. Access to the AT&T Property shall be sufficient to
support occasional ingress and egress for a tractor trailer and cab
designed to an American Association of State Highway and
Transportation Officials (AASHTO) WB-67 standard (i.e., a trailer of
fifty-three feet in length with a combined cab and trailer length of
seventy-three and one half feet). Such access may provide for the
limited, infrequent travel over some of the parking spaces and may
include mountable curbs.
2.2 Public Street Improvements
2.2.1 Harrison Street.
2.2.1.a East Side. LAP shall bond for construction a '/2 section as shown
on Sheet 5 of the CP along the east side of Harrison Street
between the Middleburg bank property line (PIN 232-49-0793)
and the W&OD Trail property line with street trees, street lights,
curb and gutter, a twelve-and-a half foot wide brick sidewalk
inclusive of the six-foot planting area, and parallel parking
■•• spaces, subject to Town approval prior to issuance of the first
zoning permit for the LAP Property and shall construct the
improvements prior to issuance of the first occupancy permit for
the LAP Property.
2.2.1.b.1 West Side Raflo Park Property. LAP shall bond for
construction the improvements along the west side of Harrison
Street as shown on Sheet 5 of the CP and labeled as "Typical
Section Harrison Street S.E. North End Near W&OD Trail"
along the Raflo Park frontage with six-foot asphalt trail located
outside of the right-of-way and street lights, concrete curb and
parallel parking spaces located within the right-of-way. This
trail shall be constructed in compliance with the Americans
with Disabilities Act, within the property limits of Raflo Park
and according to an alignment approved by the Town. This
trail shall connect to the existing trail located in Raflo Park and
with the trail to be constructed along the west side of Harrison
Street pursuant to proffer 2.2.1.b.2, below. These
improvements shall be bonded for construction prior to
issuance of the first zoning permit for the LAP Property and
shall be constructed prior to issuance of the first occupancy
permit for the LAP Property.
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
2.2.1.b.2 West Side Virginia Village Property. LAP shall bond for
construction the improvements along the west side of Harrison
Street as shown on Sheet 5 of the CP and labeled as "Typical
Section Harrison Street S.E. South End Near Catoctin Circle."
This improvement shall include the construction of, street
lights, flush concrete curb, and parallel parking spaces within
the right-of-way, subject to Town approval, and shall be
bonded prior to issuance of the first zoning permit in Phase 1
for the LAP Property, as shown on Sheet 13 of the CP, and
shall be constructed prior to issuance of the first occupancy
permit in Phase 1 for the LAP Property.
This improvement also shall include the construction of a six-
foot asphalt trail located outside of the right-of-way on
adjacent private property. This trail shall connect to the trail to
be constructed along the west side of Harrison Street pursuant
to proffer 2.2.1.b.1, above, and to the existing sidewalk located
on the north side of Catoctin Circle. LAP shall exercise its best
efforts to acquire any easements outside of the right-of-way
needed to construct the trail along the portion of Harrison
Street S.E. described as "South End Near Catoctin Circle" (the
"Trail"). LAP's obligation to construct the Trail shall be
contingent on LAP's ability to secure the necessary easements.
In the event that such easements are acquired by LAP prior to
issuance of the first zoning permit in Phase 2, then LAP shall
complete the construction of the Trail prior to issuance of the
first occupancy permit in Phase 2. If, despite the best efforts of
LAP to acquire the easements necessary for construction of the
Trail by the time of issuance of the first zoning permit for
Phase 2, LAP will request in writing to the Zoning
Administrator that the Town obtain such easements by eminent
domain (the "Trail Zoning Administrator Notification"), and
LAP 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 the Trail Zoning Administrator Notification
the Town adopts a resolution to commence condemnation
proceedings, then LAP shall construct the Trail no later than
six (6) months after notification from the Town that the
necessary easements have been acquired provided the
necessary easements are acquired by the Town within twelve
(12) months of the adoption of the resolution. The Town will
notify LAP upon the successful acquisition of the necessary
easements within ten (10) days of acquisition. If the Town
does not adopt a resolution to pursue its powers of eminent
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
domain within one-hundred-twenty(120) days of the receipt of
the Trail Zoning Administrator Notification or does not acquire
the necessary easements within twelve (12) months from the
adoption of the resolution, then LAP shall contribute the cost to
construct the Trail based on the Bonding Unit Price List for the
Trail on the Virginia Village Property Development Cost
Estimate prepared by Bowman Consulting; any cost in excess
shall be deducted from the cash contribution for off-site
transportation improvements specified in proffer 2.2., below. In
addition, LAP shall contribute towards the cost for
condemnation of $5,000, which amount shall be submitted to
the Town and held specifically for the construction of the Trail
in the future by others. This trail construction payment and the
condemnation payment shall be made to the Town prior to the
issuance of the 2006 residential occupancy permit for the LAP
property.
2.2.2 Cash Contribution for Off-site Transportation Improvements
LAP shall provide a cash contribution totaling $395,930 for off-site
transportation improvements that may include, at the discretion of the
Town, the traffic signal at Harrison and Loudoun Streets, the right turn
lane from Harrison Street onto Catoctin Circle or other transportation
improvements in the vicinity of the LAP Property. This cash contribution
shall be paid at the time of issuance of the zoning permit for each
residential unit in the amount of$1,768
2.2.3 Right Turn Lane on Industrial Court.
LAP shall bond and provide a southbound right turn lane from Industrial
Court onto Catoctin Circle within the Industrial Court right-of-way, which
shall include only the re-striping on the existing pavement and no
additional construction, if approved by the Town of Leesburg. LAP shall
bond the turn lane improvement prior to issuance of the first zoning permit
for the LAP Property and complete the improvement prior to the issuance
of the occupancy permit for the first zoning permit in Phase 2 for the LAP
Property.
3. OPEN SPACE AND RECREATION
3.1 Internal Open Space and Recreation
3.1.1 Open Space Amenity Areas
LAP shall provide internal open space areas as shown on Sheet 17 of the
(i, CP and the amenities within these open space areas as shown on Sheet 18
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
of the CP. In addition to the amenities shown on Sheet 18 of the CP, the
community promenade shall contain at least two gathering spaces built
into the wall along the promenade, with at least one gathering space across
from both Building A and Building B. The promenade shall incorporate at
least two different pavement patterns in the walkway to be determined at
the time of site plan approval. In addition, a minimum of eight planters
shall be dispersed along the walkway in front of the retail units.
3.1.2 W&OD Trail
3.1.2.1 Landscaping. LAP shall install landscaping on the LAP Property's
frontage along the NVRPA property to include the plantings as
illustrated on Sheets 3 and 4 of the CP at the time set forth in
Proffer 1.3 above.
3.1.2.2 Construction Fence. LAP shall erect a six-foot high chain link
construction fence along the LAP Property frontage along the
NVRPA property prior to the start of grading or construction on
site, which may also be used as super silt fence for sediment and
erosion control. The fence shall remain only during construction
of the LAP Property; however, portions of the fence may be
removed as construction is completed along that portion of the W
& OD Trail.
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3.1.2.3 Access Points. LAP shall provide a minimum of two access points
from the LAP Property connecting to the W&OD Trail, in the
conceptual locations shown on Sheet 3 of the CP, subject to
NVRPA approval. The exact locations and design of the access
points shall be determined at the time of permit issuance by the
NVRPA. LAP shall obtain permits from NVRPA meeting
applicable minimum requirements for slope, sight distance, safety
drainage and other applicable NVRPA requirements. The property
owners association(POA) established pursuant to proffer 7, below,
shall provide perpetual maintenance of the connections to the
NVRPA property boundary. The connections to the NVRPA
property will be free and available for use by the public.
3.1.3 Bicycle Facilities
LAP shall install a minimum of four bicycle parking racks to be
interspersed throughout the LAP Property at locations to be determined at
the time of Site Plan approval. At least one of the bicycle parking racks
will be placed adjacent to building "A" as depicted on Sheet 3 of the CP,
and the other bicycle parking racks will be placed adjacent to other open
space areas on the LAP Property as depicted on Sheet 3 of the CP.
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
3.2 Public Recreation Improvements Contributions
3.2.1 Raflo Park Improvements
LAP shall bond for construction up to three concrete bases flush with the
ground in order to not alter the floodplain for the display of public art
provided by others within Raflo Park, subject to Town of Leesburg
approval, prior to issuance of the first zoning permit in Phase 2 for the
LAP Property, as shown on Sheet 13 of the CP, and shall construct the
improvements prior to issuance of the first occupancy permit in Phase 2
for the LAP Property.
3.2.2 Park Contribution
LAP shall contribute $1,000 per residential unit, at the time of issuance of
the occupancy permit for each residential unit, to the Town of Leesburg
which may be used for capital improvements to Ida Lee Park, a skate park
or other Town of Leesburg facilities operated by the Department of Parks
and Recreation.
4. SITE DESIGN
4.1 Sidewalks
All sidewalks constructed along Harrison Street shall be constructed with brick
paving material, subject to Town approval. In addition, all of the sidewalks along
the private streets and the residential common parking courts on the Property as
well as in the open space amenity areas shown on Sheet 18 of the CP shall be
constructed with brick material to match the sidewalk material used on Harrison
Street.
4.2 Design Guidelines
Development of the LAP Property will be subject to the Crescent Place Design
Guidelines dated December, 2013 prepared by Lansdowne Development Group,
including the building elevations included as an appendix to the Design
Guidelines labeled "Appendix to Crescent Place Design Guidelines Elevations"
dated September 2013 and revised through December, 2013 prepared by Lessard.
Staff shall review proposed construction on the LAP Property according to the
Design Guidelines during the site plan application prior to the initial development
of the LAP Property and prior to the issuance of each zoning permit for the initial
construction of the buildings on the LAP Property. Once the initial construction
of any building on the LAP Property has been completed, the design review board
for the POA created pursuant to Proffer 7, below, will review any proposed
changes to the exterior elevations of the buildings.
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
tkiir 4.3 Energy Saving Design
All dwellings on the LAP Property shall be designed and constructed as
ENERGY STAR 2.0 ® or Home Energy Rating System (HERS) 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 2.0
or HERS standards. Prior to the issuance of an occupancy permit, a "wet"
ENERGY START 2.0 ® or HERS 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 shall include the unit
address, builder's name, Rater's name and date of verification.
4.4 Dumpster Pad
LAP shall install the dumpster pad for the commercial users in the location shown
on Sheet 3 of the CP. The dumpster enclosure shall be subject to the Design
Guidelines pursuant to proffer 4.2, above. In addition, the dumpster shall be
designed to compact the refuse and minimize odors emanating from the dumpster.
The dumpster enclosure shall include a sign limiting the hours trash and recycling
pick-up may occur.
4.5 AT&T Property
4.5.1 Building Expansion
The expansion of the building on the AT&T Property shall be consistent
in design, scale, light fixtures and materials with the approved TLPF
2009-0008 for the latest addition to the existing building, which specifies
the materials and colors for the following exterior building details:
building siding materials, louvers, shingles, gutters and downspouts,
exterior lighting fixtures, window and door pediments, railings and fascia.
The height of the proposed expansion shall be the same or lower than the
existing building. The site plan submitted for the AT&T building
expansion shall include landscaping as shown on Sheet 4 of the CP for the
AT&T Property. Staff shall review proposed construction on the AT&T
Property during the site plan application for the proposed building
expansion for consistency with the building design shown on TLPF 2009-
0008.
4.5.2 Fence along NVRPA Property
An ornamental metal fence six feet in height shall be installed along the
northern boundary of the AT&T property, which shall include a gate of
the same material as the fence to provide access to the AT&T Property
consistent with existing condition.
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
4.5.3 Buffer Yard Screening
Buffer yard screening shall be provided on the AT&T Property as depicted
on Sheet 4 of the CP
4.5.4 Parking and Travelway Surface.
Until such time as AT&T expands its existing facilities, the travelways,
loading spaces and parking spaces on the AT&T Property may consist of a
gravel surface consistent with existing conditions. When AT&T expands
its existing facilities, the travelways, loading spaces and parking spaces
may be constructed with an impervious surface material at AT&T's
discretion or if required by the town at the time of site plan approval.
4.6 Entrance Gates Prohibited
In order to provide the ability for vehicular movement through the LAP Property,
LAP agrees that gates shall not be erected at the two public street entrances to the
LAP Property and that no barriers shall be erected within the LAP property,
which would prevent vehicular movement through the LAP Property between the
two public street entrances. Notwithstanding the foregoing, LAP is permitted to
erect security fences and gates at the LAP Property entrances onto Harrison Street
and/or Industrial Court during active construction of the LAP Property until the
time of issuance of the first occupancy permit for the LAP Property.
4.7 Filterra Devices
If Filterra devices are used to satisfy BMP requirements and conflict with
proposed street tree locations, alternate spacing of street trees to accommodate the
Filterra device shall be provided prior to any determination that the required street
trees cannot be provided. Understory trees, subject to the approval of the Zoning
Administrator, shall be installed as the vegetative material with Filterra devices
5. FIRE AND RESCUE SERVICES
5.1 Residential Uses
Upon issuance of the Zoning Permit for each residential unit on the LAP Property,
LAP shall provide the Town with a one-time cash contribution of $100.00 per
residential unit, for distribution to the fire and rescue companies providing
primary service to the LAP Property. This contribution shall be divided equally
between those fire and rescue companies that primarily serve the LAP Property.
Such contributions shall escalate on an annual basis with a base year of 2013, in
accord with the CPI.
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
5.2 Non-residential Uses
Upon issuance of each Zoning Permit for each non-residential use, LAP shall
provide the Town with a one-time cash contribution of TEN CENTS ($.10) per
gross square foot of commercial use on the LAP Property, for distribution to the
fire and rescue companies providing primary service to the LAP Property. This
contribution shall be divided equally between the primary servicing fire and
rescue companies. Such contributions shall escalate on an annual basis with a
base year of 2013, in accord with the CPI.
5.3 Cessation of 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 either the Town of Leesburg or the
County of Loudoun levies a tax payment on the LAP Property for these services.
5.4 Emergency Vehicle Access During Construction
The Applicant shall provide, no later than the framing stage of construction, all-
weather, gravel-compacted access for emergency vehicles, acceptable to the Fire
Marshal to all portions of the LAP Property under construction.
(kor 6. UTILITIES
6.1 Water System
LAP shall design and construct the water system such that it will provide a loop to
this site with connections provided to the existing 10-inch water line located on
the W&OD Trail property and continuing north along Depot Court to Harrison
Street and south along Industrial Court to Catoctin Circle, as illustrated on Sheet 7
of the CP.
6.2 Sanitary Sewer System
LAP shall design and construct the sanitary sewer system such that it will
abandon the existing 15-inch sanitary sewer line traversing the LAP Property and
relocating it as illustrated on Sheet 7 of the CP. The Applicant shall bear all
expenses associated with relocating the existing 15-inch line with no interruptions
in existing service occurring during the relocation.
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
7. PROPERTY OWNERS ASSOCATION
7.1 Town Review
Documents to establish a Property Owners' Association (POA) for the LAP
Property only, in which all property owners (both residential and non-residential)
will be required to be a member, will be submitted to the Town for review and
approval as to form and consistency with these proffers. The POA documents
shall state that no provisions shall be amended by the POA which address any
matters that are proffered or are otherwise required by this rezoning approval
without prior approval by the Town.
7.2 Timing
The POA will be established prior to approval of the first Development Plan for
the LAP Property.
7.3 Duties
The POA shall have, among its duties, snow removal, trash removal and the
maintenance of all commonly owned facilities on the LAP Property including
private roads and private access easements, private parking areas, private storm
drainage, private common areas, including the POA-owned open space, trails,
greens, recreational facilities, bicycle parking facilities and play areas. The POA
also shall administer the design review board established pursuant to proffer 4.2,
above and shall maintain the trail connections to the W&OD Trail pursuant to
proffer 3.1.2.3, above.
7.4 Garage Conversions
The POA documents shall include a provision that will prohibit any garage space
from being converted to any type of habitable and/or living space or be used
principally for other than the storage of vehicles.
7.5 Private Parking Courts
The POA documents shall include a statement that the private parking courts
cannot be accepted as public roads by the Town of Leesburg and will be the
responsibility of the POA.
7.6 Private Yard Maintenance
The POA documents shall include a provision making the POA responsible for
maintaining the yards and landscaping of all of the lots within the LAP Property,
including the individually owned lots for the single family attached dwelling
(hop, units. The POA shall monitor the building-mounted light fixtures on the rear of
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
the dwelling units, which provide safety lighting for residential common parking
court travel ways (alley ways), to ensure these light fixtures remain lit during
nighttime hours and to ensure light bulbs are replaced in a timely fashion.
8. CAPITAL FACILITIES CONTRIBUTION
The LAP Owner shall provide, upon issuance of each occupancy permit for a dwelling
unit, a one-time cash contribution in the amount of$7,809 per each two-over-two-style
multi-family dwelling unit, including the dwelling units located above the commercial
uses and $15,619 for each single-family-attached dwelling unit, which may be used for
capital projects in the Town of Leesburg.
9. TOWN PARKING LOT IMPROVEMENTS
9.1 Improvements
LAP shall construct the improvements to the Town-owned parking lot as depicted
on Sheets 3 and 4 of the CP, subject to Town approval. These improvements will
include the construction of a minimum of 83 parking spaces, improvements to the
entrance, a ramp and stairs leading from the parking lot to buildings "A" and "B,"
a five-foot wide sidewalk from the LAP Property connecting to the sidewalk
along Harrison Street and landscaping. These improvements will be bonded for
construction prior to the issuance of the zoning permit for the first building
containing commercial uses and constructed prior to the issuance of the first
occupancy permit for commercial uses.
9.2 Snow Removal
The POA can perform snow removal on the town parking lot, at its own discretion
and expense, without reimbursement from the Town.
9.3 Bus Shelter on Town Lot
LAP shall install a bus shelter along Harrison Street on the Town-owned parcel at
a location to be approved by the Town. This bus shelter will be bonded for
construction with the plans for the improvements to the town parking lot prior to
the issuance of the zoning permit for building "B" and installed prior to the
issuance of the first occupancy permit for building "B."
10. NOISE ATTENUATION FOR AT&T BUILDING
10.1 Noise Analysis and Mitigation. LAP shall conduct a noise analysis of the AT&T
Property to measure the existing noise levels, as set forth in Section 7.9.3 of the
Zoning Ordinance, at the property line in existence once the parcel boundaries are
adjusted between the LAP Property and the AT&T Property as shown on Sheet 3
of the CP. The noise analysis shall recommend measures that can be taken to
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TLZM 2012-0003, Crescent Place
Proffer Statement
December 10,2013
reduce the noise levels to 55dBA for continuous noise and 60 dBA for impact
noise at the AT&T property line. LAP shall install any recommended measures
necessary to achieve these stated noise levels. The noise analysis shall be
conducted and the report submitted to the Town prior to approval of the first
subdivision or site plan in Phase I of the LAP Property, as shown on Sheet 3 of
the CP. An engineer specializing in acoustical design and mitigation acceptable
to the Town shall certify the proposed attenuation measures prior to issuance of
the zoning permit application for Buildings C or I, The necessary measures, if
any, needed to reduce noise levels shall be implemented and/or installed prior to
the issuance of the first occupancy for any dwelling units in either Building C or
Building I, as shown on Sheet 3 of the CP. The noise analysis shall be conducted
by an engineer specializing in acoustical design and mitigation acceptable to the
Town.
10.2 AT&T Permission and Expansion. AT&T shall grant LAP permission to perform
any such necessary measures as identified pursuant to Proffer 10.1, above, upon
the AT&T property in existence once the parcel boundaries are adjusted between
the LAP Property and the AT&T Property as shown on Sheet 3 of the CP. Any
additions to the AT&T building shall be designed such that the noise level
generated from the building will not exceed 55 dBA for continuous noise and will
not exceed 60 dBA for impact noise pursuant to Section 7.9.2 of the Zoning
Ordinance, as measured at any point along the AT&T property boundary in
existence once the property boundaries are adjusted between the LAP Property
and the AT&T Property as shown on Sheet 3 of the CP. An acoustical engineer
licensed in the Commonwealth of Virginia and acceptable to the Town shall
perform and certify the required noise measurements for the building expansion.
10.3 Noise Attenuation for Buildings C and I. Buildings C and I shall be constructed
using materials, doors and windows with high noise attenuation characteristics to
achieve interior noise levels of 45 dBA or less. An acoustical engineer licensed in
the Commonwealth of Virginia and acceptable to the Town shall certify that the
Buildings C and I have an interior noise level of 45dBA or less prior to issuance
of the occupancy permit for each unit within Buildings C and I.
11. ASSIGNMENT OF PROFFER RESPONSIBILITY
AT&T Corp. has joined these proffers solely for the purpose of rezoning its 0.12 acre
parcel from the Crescent Design (CD) zoning district to the Planned Residential
Neighborhood (PRN) zoning district and to permit expansion of its existing 4,850 square
foot facility with a 2,300 square foot footprint addition, following the execution of a
boundary line adjustment with Leesburg Acquisition Partners LLC in accordance with
the CP. As such, these proffers, with the exception of Proffers 1.1.2, 1.2.2, 4.5, 10.2, and
this proffer 11 shall not be the obligation of AT&T Corp, and shall be the obligation of
Leesburg Acquisition Partners LLC, which will be developing the features shown on the
CP giving rise to these proffer commitments. Following approval of these proffers, the
AT&T Property and the LAC Property shall exist independently of each other and shall
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TLZM 2012-0003,Crescent Place
Proffer Statement
December 10,2013
be permitted to file and pursue independent land development applications, including
without limitation, rezoning applications, without the necessity of obtaining the consent
of the other property owner.
12. DEMOLITION OF EXISTING BUILDINGS
LAP shall file for the permits necessary for the demolition of the existing buildings, with
the Town of Leesburg and/or the County of Loudoun as applicable, on the LAP Property
within 30 days of the approval of TLZM 2012-0003 and will commence the demolition
of the existing buildings within 90 days of the issuance of all required permits.
13. WAIVERS AND MODIFICATIONS
Approval of this application#TLZM-2012-0003 does not express or imply any 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 expressly approved in application #TLZM-2012-0003, and all final plats,
development plans, and construction plans shall remain subject to these applicable Town
regulations.
14. ESCALATION CLAUSE
All monetary contribution proffers shall escalate on a yearly basis beginning one year
from the date of approval of the first site plan containing residential buildings and/or
mixed use buildings or the first record plat containing such buildings, whichever occurs
first in time, and which shall change effective each January 1 thereafter, based on the
Consumer Price Index (CPI) for the Washington SMSA.
15. BINDING EFFECT
The undersigned LAP owner of record of the LAP Property and the undersigned AT&T
owner of record of the AT&T Property do hereby voluntarily proffer the conditions stated
above, which conditions shall be binding on the Applicant, its successors and assigns
shall have the effect specified in Section 15.2-2303, et sea. of the Code of Virginia
(1950), as amended.
[SIGNATURES ON FOLLOWING PAGES]
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(L0216012.DOC/7 draft 12102013 006797 000004)15
TLZM 2012-0003, Crescent Place
Proffer Statement
/0
Witness the following signatures and seals thisfday of Dec d' , 2013.
AT&T Corp.
a New York Corporation
Name: Robert R. Ericksen
Its: Real Estate Manager
State of,MeW T s
City/County ot,SQ-m, i'i ...._..__,to-wit:
I, Notary Aublic in and the state and city/county aforesaid, do hereby certify
that bb-e,Y` . Fo.(-,4�,s whose name is signed to the foregoing instrument,
personally appeared before me and has this day acknowledged that he executed the
foregoing proffers with the full power and authority to do so.
jtv
Given under my hand this LQ_ day of 1 frLr, 2013
460, Gregory J.Doele
Notary Public of New Je
ry y
My Commission Expires I< f �� Notary Pui+Ylic
1
My Commission Expires:
t/i)-C/ -01 7-
Date
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(1.02 i67S0.DOCX/1 Signature Pages 006797 0000041
TLZM 2012-0003, Crescent Place
Proffer Statement
Witness the following signatures and seals this day of � ��3.
Leesburg Acquisition Partners, LLC
By: Leesburg Cr-: ent LL , its Manager
By: Lansdo = !evelo, ent Group, LLC,
By �//
Leon. I S. t �''sident and Manager
State of Y,yefimi ..
City/County bf Fau-12 , to-wit:
I, Notary Public in and for the state and city/county aforesaid, do hereby certify
that &mai d m,/C/X/, whose name is signed to the foregoing instrument,
personally appeared before me and has this day acknowledged that he executed the
foregoing proffers with the full power and authority to do so.
'' '''''%Given under my hand this JQ;h day of beerniber , 2013
(t- No-WIN( 9
V•MY COM 4
IFES ¢ ei
moo'' Pj2o1s Notary P 'lic
,,,,,,y;,, ,,,,,,fission Expires:
74//2o/(p
Date
Lir
{L0216780.DOCX/I Signature Pages 006797 0000041
TLZM 2012-0003, Crescent Place
Proffer Statement
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EXHIBIT A
Crescent Place Rezoning Concept Plan and Proffer Amendment
Prepared by Bowman Consulting
Dated November 5, 2012 and Revised through December 2, 2013
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