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Home My Public Portal About2014_06_24_O018 TLZM 2013-0003 Somerset Park The Town of Leesburg, Virginia PRESENTED: June 24, 2014 ORDINANCE NO. 2014-0-018 ADOPTED: June 24, 2014 AN ORDINANCE: APPROVING TLZM 2013-0003 SOMERSET PARK, A CONCEPT PLAN AMENDMENT AND PROFFER AMENDMENT TO ALLOW DEVELOPMENT OF TWO MULTI-FAMILY STRUCTURES (42 UNITS TOTAL) IN PLACE OF A NEIGHBORHOOD RETAIL CENTER AT TAVISTOCK FARMS WHEREAS, a Rezoning Application has been filed by Home Properties to amend the concept plan and proffers of ZM-86 to allow 42 units in two additional multi-family structures in lieu of the approved retail center on land identified as Loudoun County Parcel Identification Number(PIN) 190-37-5471 ; and WHEREAS, a duly advertised Planning Commission public hearing was held on June 5, 2014; and WHEREAS, at that meeting,the Planning Commission recommended approval of this application to the Town Council; and WHEREAS, the Town Council held a duly advertised public hearing on this application on June 24, 2014; and WHEREAS, staff recommended approval; and WHEREAS,the Council has concluded that the approval of the application would be in the public interest and in accordance with sound zoning and planning principles. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia: SECTION 1. Rezoning Application TLZM 2013-0003, for the property having the Loudoun County Parcel Identification Number(PIN) 190-37-5471, is hereby approved subject to the proffers dated June 10, 2014; and -2- AN ORDINANCE: APPROVING TLZM 2013-0003 SOMERSET PARK,A CONCEPT PLAN AMENDMENT AND PROFFER AMENDMENT TO ALLOW DEVELOPMENT OF TWO MULTI-FAMILY STRUCTURES (42 UNITS TOTAL) IN PLACE OF A NEIGHBORHOOD RETAIL CENTER AT TAVISTOCK FARMS SECTION 2. The property shall be developed in substantial conformance with the concept development plan prepared by Burgess and Niple dated May 15, 2014; and SECTION 3. 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 4. This ordinance shall be in effect upon its passage. PASSED this 24th day of June, 2014. - .U stattd,Mayor Town of Leesburg ATTE : 'Of Clerk of Counc P:\Ordinances\2014\0624 TLZM 2013-0003 Somerset Park.doc PROFFER STATEMENT HOME PROPERTIES SOMERSET PARK, LLC July 12,2013 Revised through June 10,2014 This application is submitted by Home Properties Somerset Park, LLC, Owner of the properties identified herein and Applicant (hereinafter referred to as "the Applicant". The Applicant submits these Proffers (the"Proffer")pursuant to Section 15.2-2303 of the Code of Virginia, as amended, and Section 3.3.16 of the Zoning Ordinance of the Town of Leesburg. The Property subject to this application is owned by Home Properties Somerset Park, LLC ("Home Properties"). It contains 18.96 acres and consists of ten parcels identified as follows: Tax Map /48//47///P7/ (PIN 190-28-6459-000) an unimproved parcel containing 5.33 acres; Tax Map/48//47///P10/(PIN 190-37-5471-000) an unimproved parcel containing 2.68 acres; Tax Map /48//47P3/100 (base PIN 190-28- 3569) improved by a building with 18 multifamily units containing 1.639 acres; Tax Map /48//47P4/100/ (base PIN 190-38-1887-000) improved by a building with 18 multifamily units containing 1.656 acres; Tax Map /48//47P5/100/ (base PIN 190-38-0199-000) improved by a building with 18 multifamily units containing 2.511 acres; Tax Map /48//47P6/100/ (base PIN 190-37-7785-000) improved by a building with 18 multifamily units containing 1.116 acres; Tax Map /48//47PI/100 (base PIN 190-27-9463-000) improved by a building with 18 multifamily units containing 1.403 acres; Tax Map /48//47P2/100 (base PIN 190-28-1661-000) improved by a building with 18 multifamily units containing 1.007 acres; Tax Map /48//47///P8/ (PIN 190-37-9379-000) an unimproved parcel containing .13 acre; and, Tax Map /48//47///P9/ (PIN 190-27-6047- Home Properties Somerset Park, LLC Amended Proffer Statement July 12, 2013 Revised through June 10, 2014 Page 2 000) an improved parcel consisting of 1.45 acres improved by the clubhouse. Together, these parcels total 18.96 acres. The parcels together are hereinafter referred to as "the Property". The Property is more particularly described on the Amended Concept Plan entitled "Somerset Park" prepared by Burgess & Niple, dated July 3, 2013, and revised through May 15, 2014, which is attached hereto and made a part hereof as Attachment 1 (hereinafter referred to as the "Amended Concept Plan"). The Property was rezoned by ZM 87-86 by Ordinance No. 87-0-20, adopted June 22, 1987 by the Town Council of the Town of Leesburg. Applicant now seeks to replace the existing proffers as set forth herein. On behalf of itself, and its successors and assigns, Applicant hereby proffers that if the Leesburg Town Council approves the Amended Concept Plan and this Amended Proffer Statement,the development of the Property shall substantially conform to and be subject to the following terms and conditions proffered herein. Said terms and conditions herein supersede any prior proffers that have been offered for the two parcels identified above, including, without limitation, any proffers associated with Rezoning Application #ZM-86 approved June 24, 1987: 1. This Proffer is deleted 2. Development of the property shall be in substantial conformance with the Amended Concept Development plan prepared by Burgess & Niple dated the 3rd day of July, 2013, and revised through May 15, 2014, attached hereto, which shall control the use layout and general configuration of the property, as well as the architectural design Home Properties Somerset Park, LLC Amended Proffer Statement July 12, 2013 Revised through June 10, 2014 Page 3 and materials for the project, with reasonable allowances to be made for engineering and design alteration at time of actual subdivision and/or site plan approvals. 3. The Applicant, or its successor in interest, agrees to contribute the sum of One Thousand Seven Hundred Fifty-seven and 00/100 Dollars ($1,757.00)per residential unit actually developed on the Property, which funds shall be paid into an escrow account established by the Town of Leesburg for the specific purpose of financing construction of off-site transportation improvements. The Applicant, or successor in interest to the Applicant, as the case may be, shall make said payments to the Town of Leesburg on a residential unit-by-unit basis at the time of issuance of the occupancy permit for individual residential units placed on the property. 4. Applicant, or its successor in interest, agrees that at the time of issuance of the occupancy permit for individual residential units to be placed on the property, Applicant, or its successor in interest, will pay unto the Town of Leesburg the total sum of One Hundred Dollars ($100.00) per residential unit as a donation to the volunteer fire and rescue facilities providing service to the subject property, which monies will be provided by the Town to the appropriate volunteer fire and rescue facilities. 5. Applicant, or its successors in interest, agrees that at the time of issuance of the occupancy permit for individual residential units on the property, it will make a cash donation to the Town in the amount of One Thousand Dollars ($1,000.00), such payments to be placed by the Town in a fund for the Town Parks &Recreation Facilities. 6. This Proffer is deleted. 7. This Proffer is deleted. 8. This Proffer is deleted. 9. This Proffer is deleted. 10. The Applicant, or its successor in interest, agrees to contribute to the Public School Capital Facilities Fund, the sum of Seven Thousand Eight Hundred Nine and 00/100 Dollars ($7,809.00) per multi—family dwelling unit to off-set the cost of school facilities. Home Properties Somerset Park, LLC Amended Proffer Statement July 12, 2013 Revised through June 10, 2014 Page 4 11. At final site plan, the landscaping requirements for the two proposed multifamily buildings shall consist of plantings along Battlefield Parkway, plantings along Tavistock Drive, and interior parking lot landscaping for the new parking areas associated with two multifamily buildings. The interior parking lot landscaping for the new parking lot areas will meet the requirements of Section 12.6 of the Town of Leesburg Zoning Ordinance. The proposed planting along Battlefield Parkway and Tavistock Drive shall be as follows: Battlefield Parkway(approximately 305' of frontage along proposed multifamily buildings): 10 large deciduous trees (min. 2.5" cal. at time of planting) 12 ornamental deciduous trees (min. 1.5"cal. at time of planting) 18 evergreen trees (min. 6' height at time of planting) 42 shrubs(min 24"height at time of planting) Tavistock Drive(approximately 325' of frontage along proposed multifamily buildings): 10 large deciduous trees (min. 2.5" cal. at time of planting) 12 ornamental deciduous trees (min. 1.5"cal. at time of planting) 14 evergreen trees (min. 6' height at time of planting) 48 shrubs (min 24"height at time of planting) Plant species shall conform to Article 12 of the Town of Leesburg Zoning Ordinance. Existing trees located on site that are preserved during the construction process may count towards the requirements of this proffer with approval from the town. 12. Applicant, or its successors in interest, agrees to develop the property consistent with the architectural elevations prepared by Heffner Architects, P.C. dated June 20,2013,attached hereto as Exhibit A. 13. The architecture of the maintenance building will be compatible with the exterior elevations of the residential buildings as determined by the Zoning Administrator. Home Properties Somerset Park, LLC Amended Proffer Statement July 12, 2013 Revised through June 10, 2014 Page 5 Miscellaneous These proffers are filed in accordance with Section 15.2-2303 of the Code of Virginia, as amended, and Section 3.3.16 of the Zoning Ordinance of Leesburg, Loudoun County, Virginia. The Applicant agrees that approval of the Amended Concept Plan and this Proffer Statement 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, and that final plats, development plans, and construction drawings for development on the Property are subject to the applicable Town regulations. The Applicant warrants that all of the owners of the Property have signed this Proffer Statement, that they have full authority to bind the Property to these conditions, and that they have voluntarily subjected the Property to these proffer conditions. (signatures following pages) Home Properties Somerset Park, LLC Amended Proffer Statement July 12, 2013 Revised through June 10, 2014 Page 6 HOME PROPERTIES SOMERSET PARK, LLC a Virginia limited liability company By: Home Properties, L.P., sole member By: Home Properties, Inc., General Partner By: AMMbtciv Name: Michael Eastwood Title: Vice President- Development STATE OF VIRGINIA CITY/COUNTY OF , . j r.. , to-wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Michael Eastwood, as Vice President — Development for Home Properties, Inc., General Manager of Home Properties, L.P., sole member of Home Properties Somerset Park, LLC, whose name is signed to the foregoing and hereunto annexed Proffer Statement, bearing date of July 12, 2013, and revised through June 10, 2014, has this day acknowledged the same before me in the jurisdiction aforesaid. GIVEN under my hand this /3 day of 1:.' .. , 2014. Notary Public My Commission expires: 21-3/ /6 Registration Number: 73 e&..2 c%' ,,,,,,,,,N,, F� e � • , ▪ 0 ••Myc *?3886 ••:r 3kp $Sio,, •- %�O▪ •• ?/ 1/QES \P' '.1110$.''••...5.•••G\4 Home Properties Somerset Park, LLC Amended Proffer Statement July 12, 2013 Revised through June 10, 2014 Page 7 EXHIBIT A HEFFNER ARCHITECTS, PC ELEVATIONS ill : IJII I VA V111111 . I 1 + re' 1 11 l5 i t { SKNNIKddNdd = y IC \ . Ii . 1ii ; Mvd1cssiias I I i 1 #i J .... M hg I Mt! AR 9-.1 I MYI .4S..I Aft.i M'., 11 .81§,i f! M�. tl M... M..i AA. .• I II II i it 1 I II it ! l I II 11 ( II i 1 II 111 i 1 I II Il I II I it II I i i i i' I ii i ii li i 1 1�/ITr_ I ;e iIGJI h =ill: `1 1 f /_ , - -7 til III 11 i .......i. .. .. t i i 11,t ,_I=.:1-7.71 ! lI W 10 I• awe iI VA 3 iii j W N .... S h �INIP..OB lw 614.11•111/11•1 �^i Z.:::_ __ .___ 1 i ;Ii' ! is IV 1 'ii_ M !�Ii j 1I II i itf . � `i t . i. ! .a Ii >s III ! Ili _ __ 1 :::: = = if 1 1 +i 1 / Il if ! li 1< at g 3e1 i I. .,Ili a � Cc 6I Sit if I ! pp ! 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