Loading...
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 -2- 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 (lw 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' -3- 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: ,,r I 140! Clerk of Coun P:\Ordinances\2013\1210 TLZM 2012-0003 Crescent Place.doc C 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 {L0216012.DOC/7 draft 12102013 006797 000004) 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. .. {1.0216012.DOC/7 draft 12102013 006797 000004)2 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 (L0216012.DOC/7 draft 12102013 006797 000004)3 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. L {1,0216012,DOC/7 draft 12102013 006797 000004}4 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 {L0216012.DOC/7 draft 12102013 006797 000004)5 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 (L0216012.DOC/7 draft 12102013 006797 000004)6 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. L 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. (L0216012.DOC/7 draft 12102013 006797 000004)7 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. L {L02 l 6012.DOC/7 draft 12102013 006797 00000418 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. {1,0216012.D0C/7 draft 12102013 006797 000004)9 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 $100.00 per residential unit, for distribution to the fire and rescue companies providing primary service to the LAP Property. This contribution shall be divided equally between those fire and rescue companies that primarily serve the LAP Property. Such contributions shall escalate on an annual basis with a base year of 2013, in accord with the CPI. (L0216012.DOC/7 draft 12102013 006797 000004}10 TLZM 2012-0003,Crescent Place Proffer Statement December 10,2013 5.2 Non-residential Uses Upon issuance of each Zoning Permit for each non-residential use, LAP shall provide the Town with a one-time cash contribution of TEN CENTS ($.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. {1.0216012.DOC/7 draft 12102013 006797 000004)11 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 {L0216012.DOC/7 draft 12102013 006797 000004}12 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 {L0216012.DOC/7 draft 12102013 006797 000004)13 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 {L0216012.DOC/7 draft 12102013 006797 0000041 14 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] L (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 L (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 L EXHIBIT A Crescent Place Rezoning Concept Plan and Proffer Amendment Prepared by Bowman Consulting Dated November 5, 2012 and Revised through December 2, 2013 L {L0216780.DOCX/1 Signature Pages 006797 000004}