HomeMy Public PortalAbout2016_09_13_O020 TLZM 2016-0002 Village at Leesburg Landbays D and E The Town of
Leesburg,
Virginia
PRESENTED: September 13, 2016
ORDINANCE NO. 2016-0-020 ADOPTED: September 13, 2016
AN ORDINANCE: APPROVING APPLICATION TLZM 2016-0002, VILLAGE AT
LEESBURG LAND BAYS "D" AND "E" TO AMEND THE
APPROVED PROFFERS FOR THE SITE TO ALLOW A MINI-
WAREHOUSE USE AND A COMMUTER PARKING LOT USE
WHEREAS, application has been filed by Johnson Development Associates for a proffer
amendment to Land Bay "D" (Loudoun County Parcel Identification Number(PIN): 149-19-
2655) and Land Bay " E" (Loudoun County Parcel Identification Number (PIN): 150-49-0155)
of the Village at Leesburg totaling approximately 43.1 acres; and
WHEREAS, a duly advertised Planning Commission public hearing was held on August
4, 2016 and at the conclusion of the public hearing 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 September 13, 2016; and
WHEREAS, staff recommends 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, the Council of the Town of Leesburg in Virginia hereby ordains:
SECTION 1. The rezoning application TLZM-2016-0002, Village at Leesburg Land
Bays "D' and "E" is approved subject to the proffers last dated July 20, 2016; and
-2-
AN ORDINANCE: APPROVING APPLICATION TLZM 2016-0002, VILLAGE AT
LEESBURG LAND BAYS "D" AND "E" TO AMEND THE
APPROVED PROFFERS FOR THE SITE TO ALLOW A MINI-
WAREHOUSE USE AND A COMMUTER PARKING LOT USE.
SECTION 2. The property shall be developed in substantial conformance with the
concept plan prepared by Urban Ltd, dated December 2010, as revised through October
19, 2011; 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; and
SECTION 4. This ordinance shall be in effect upon its passage.
PASSED this 13th day of September,2016.
Oa
David Butler, Mayor
Town of Leesburg
ATTEST:
t 0
Clerk of Council
P:\Ordinances\2016\0913 TLZM 2016-0002 Village at Leesburg Land Bays D and E Proffer Amendment.docx
• PROFFER STATEMENT
( Rezoning#TLZM 2016-0002,Village at Leesburg
Record Owner: Carlyle/Cypress Leesburg I, LLC and Springfield East,LC
Property: MCPI#'s 149-17-4430; 149-28-0023;
150-49-0155; 149-19-2655
150.1 acres
Date: May 18,2016
Revised July 20,2016
Pursuant to Section 15.2 -2303 of the Code of Virginia, as amended and Section 3.3.16 of
the Zoning Ordinance of the Town of Leesburg, (hereinafter the "Town"), the undersigned,
Carlyle/Cypress Leesburg I, LLC, and Springfield East, LC (hereinafter collectively called the
"Applicant"), are the owners of 150.1 acres of real property of which 64.17 acres of real property
is zoned Planned Residential Community ("PRC"), 38.84 acres of real property zoned Mixed
Use Business District (13-4) and 47.11 acres of real property is zoned Industrial/Research Park
District/I-1) that is described as Loudoun County MCPI Numbers: 149-17-4430; 149-28-0023;
150-49-0155; 149-,19-2655 (hereinafter collectively called the "Property"), which is more
particularly described on Sheet 1 of the Concept Plan described below. Applicant hereby
proffers on behalf of itself and its successors and assigns, that if the Leesburg Town Council
approves TLZM 2016-0002, the Property shall be developed and used consistent with the
following terms and conditions herein. The Applicant is aware that several zoning cases have
• been filed subsequent to the original rezoning case(TLZM 2004-0005)that established the initial
proffers and that those cases have amended or superseded various aspects of the proffers. The
said terms and conditions herein supersede and replace any prior proffers that have been offered
or previously approved for Land Bays D and E of the Property, including but not limited to any
proffers associated with Rezoning Application TLZM 2004-0005 approved November 8, 2005,
Rezoning Application TLZM 2008-0003 approved September 9, 2008, Rezoning Application
TLZM 2008-0010 approved on June 9, 2009, Rezoning Application TLZM 2009-0008 approved
on April 13, 2010, and Rezoning Application TLZM 2010-0003 approved on January 10, 2012.
These proffers shall have no force and effect to any portion of the Property outside of Land Bays
D and E and all approvals that exist on the Property as of the date of the approval hereof shall
remain in full force and effect unless and until they are subsequently changed by an appropriate
application.
PROFFERS
I. SUBSTANTIAL CONFORMANCE WITH CONCEPT PLAN, USE,AND
DEVELOPMENT
A. I-1 Industrial/Research Park District. The portion of the Property to be retained in the
I-1 District will be limited to non-residential uses that are designed to substantially conform with
the character and quality of the uses developed on the balance of the Property. Only the
following uses listed in the I-1 District as permitted or special exception uses may be developed
within the I-1 zoned portion of the Property: office; research and development; eating
establishment without drive-in facility; hotel/motel; conference center; child care center; parking
•
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structure, private; park, public; fire and/or rescue facility; school, technical; mini-warehouse
facility and commuter parking lot. Any of the above-listed uses that require prior special
exception approval may only be developed after obtaining special exception approval by Town
Council.
B. Substantial Conformance. Development of the Property will be in substantial
conformance with Sheets 1, 3, 3A, 3B, 3C, 4, 5, 6, 6A, 7, 7A and 8D of the Concept Plan
prepared by Urban, dated December 2010, as revised through October 19, 2011 (hereafter
referred to as "Concept Plan"), which is attached hereto and made a part hereof as Exhibit A.
Reasonable allowances shall be made for engineering and design alteration to meet Town
Subdivision and Land Development Regulations, Town Zoning Ordinance Regulations and the
Town Design and Construction Standards Manual ("DCSM") requirements (collectively the
"Town Development Regulations"). All uses listed in the B,4 and PRC zoning districts as per
the Town Zoning Ordinance may be developed on the Property except lumber and/or building
material sales with outdoor storage, mini-warehouse, and warehouse. Any by-right or special
exception use that may be added to the use list set forth in Section 6.6.2 of the Zoning Ordinance
as the result of a text amendment approved by Town Council pursuant to Section 3.2.1 of the
Zoning Ordinance may be developed on the B-4 zoned portion of the Property. Consistent with
the Legend and Development Tabulations Table on Sheet 3A of the Concept Plan the following
accessory uses set forth in Section 6.6.2 of the Zoning Ordinance may be developed within the
• offices constructed between East Market Street and Parking Garage D: bank, without drive-in
facility; emergency care facility; mailing services; printing and/or publication (copy center);
special instruction school (after special exception approval); and the following personal services
uses: bicycle repair store; caterer; dry-cleaning and/or laundry pickup station; locksmith shop;
musical instrument repair shop; photographer's studio; photostat shop; travel agency; and watch
repair shop. Personal services in such offices shall not include nail salons. Uses listed under
Zoning Ordinance Sections 8.5.2, 8.5.3 and 6.6.2 that require special exception approval shall
continue to require special exception approval before they may be developed on the Property,
unless such approvals occur or have occurred concurrently with approval of TLZM 2004-0005,
TLZM 2008-0003, TLZM 2008-0010, TLZM 2009- 0008, and TLZM 2010-0003. The Concept
Plan layouts for special exception uses developed on the Property such as a hotel and theater
shall be determined at the time of Town Council approval of such uses. Development of the
Property shall comply with the Town Development Regulations. All private streets and parking
courts constructed on the Property shall comply with Town Development Regulations. The
horizontal and vertical geometries of streets and private parking courts constructed on the
Property must accommodate an AASHTO 'SU' design vehicle. All public and private roads and
streets constructed on the Property shall be inspected and authorized for opening by the Town or
VDOT depending upon which jurisdiction assumes authority for maintenance.
C. Construction and Location of Concept Plan Elements. The following guidelines will
guide development of the Property:
1. Subject to I.B. and C.2. herein, ground floor retail space within buildings located
in Landbays A and B as depicted in the Concept Plan will be sized as follows: (a) on the north
• side of the Main Street the maximum size of a single tenant will be 35,000 square feet on the
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TLZM 2016-0002
• Page 3
ground floor or 60,000 square feet, if a second story is included, and (b) on the south side of
Main Street the maximum size of a single tenant will not exceed 10,000 square feet or 20,000
square feet if a second story is utilized. In Land Bay A as illustrated on Sheet 3A of the Concept
Plan, with the exception of a hotel or theater and the commercial recreation and/or retail uses
located north of such uses in Land Bay A as illustrated on Sheet 3A of the Concept Plan, there
shall be no freestanding retail ground floor single tenant retail use in excess of 20,000 gross
square feet. The location of all buildings in Landbays A and B, whether they are single use or
have retail uses located on the ground floor and residential, hotel, theater, or office uses on upper
floors, and the type of these uses located within each of these same buildings, shall be in
substantial conformance with Concept Plan Sheet 3A Land Use Map, allowing for vertical
integration within a single footprint of the following use mixes: retail only, office only or office
over retail, hotel or theater over retail and/or restaurant, residential over office or retail,
residential only, and parking deck. The height of buildings constructed on the Property shall not
exceed the limits set forth on the Development Tabulations Table on Sheet 3A of the Concept
Plan. The Village Center Land Use Map and Legend depicted on Sheet 3A of the concept Plan
will govern the location of retail, office, residential, parking, theater, and hotel uses with the
exception of that certain structure located at the northwest corner of Russell Branch Parkway and
the first entrance to the Village Center, which shall be developed with first floor office or retail
uses and upper floor residential uses. Building X depicted on Sheet 3A of the Concept Plan will
be constructed to include at least 55,440 gross square feet of office uses.
• 2. One freestanding retail structure that shall not exceed 140,000 square feet may be
developed on the Property in Landbay A in the location indicated on the Concept Plan. The
Applicant agrees to limit the use of the 140,000 square foot structure to Wegmans which shall be
constructed consistent with the following criteria for the Crosstrail Boulevard and East Market
Street building frontage:
a. Distinct architectural elements along Crosstrail Boulevard and East
Market Street building frontage to divide the mass and scale of the building and provide
compatible styles, but varied facades, setbacks and building fronts within the overall elevation of
the building;
b. A variety of high quality architectural materials in the architectural
elevations consisting of brick, stone, and other masonry;
c. A variety of rooflines and architectural grade roof materials and pitches, as
well as cornices, quoins, and other details, as appropriate, to enhance the distinct architectural
facades and provide interest and appeal;
d. Appropriate fenestration, shuttered window openings and/or trim to
animate the elevations and complete the village streetscape along Crosstrail and East Market
Street; and
e. One or more appropriate steeple or similar type vertical elements to accent
4110 and provide further variety to the overall roofline and elevation.
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The purpose of the design elements is to eliminate the impression of a single large
structure and provide a signature of quality for the project and the Town that is consistent with
the character of the Town of Leesburg. The final building elevations will be reviewed within
these guidelines in connection with H-2 Overlay District review and approval procedures.
D. Community Design.
1. Village Center Main Street and Connecting Private Streets, Dodona Terrace
and Classic Path Way. The following design elements will be observed in the development of
Land Bays A and B as shown on Sheet 3A:
a. Street trees will be planted along the Main Street that bisects Land Bays A
and B, adjacent to the parallel parking, spaced an average of 40 feet on center. Street trees will
be planted along the private street that bisects North "A" Land Bay and South "A" Land Bay
(known as "Classic Path Way") and along the private street that bisects North"A" Land Bay and
the adjacent parking deck (known as "Dodona Terrace") in the approximate locations shown on
Sheet 7 of the Concept Plan. The plantings per street section shall substantially conform to the
requirements stated on Sheet 7 of the Concept Plan.
b. Sidewalks along Main Street, and along both sides of Classic Path Way
from its intersection with Dodona Terrace to the westernmost pedestrian entrance of any
• structure developed on North "A" Land Bay will have a minimum width of 12 feet between the
face of storefront and back of curb (to include the street tree zone).
c. The sidewalks and pedestrian crosswalks along Main Street and the
portions of Dodona Terrace and Classic Path Way described in Proffer I.D.1.b. will incorporate
masonry pavers, scored concrete and/or other similar paving materials to establish pedestrian
zones and create visual interest. Similar materials may be used in a portion of the Main Street,
north and/or west of the central park. The portion of the sidewalk illustrated as the "proposed
outdoor seating areas" on Sheet 3A of the Concept Plan will incorporate masonry pavers, scored
concrete and/or other similar paving materials to establish outdoor seating areas separate from
the sidewalk areas. The outdoor seating areas for the restaurant uses illustrated on Sheet 3A of
the Concept Plan shall be physically separated from the sidewalk areas during the time of the
year such areas are used for outdoor seating to separate restaurant functions from pedestrian
access.
d. The median of the Main Street will be landscaped with lawn, ornamental
trees and flower beds, and include pedestrian crosswalks at designated locations.
e. The Plaza on the south side of Main Street will include a fountain or
similar dynamic water feature that will animate the park through the permissible weather season.
This Plaza will incorporate scored concrete, masonry pavers and/or other similar landscape
materials, shade trees, seating areas, lighting, benches and trash receptacles. This Plaza may
include ornamental trees, lawn, potted plants and bollards in the final design,
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• TLZM 2016-0002
( Page 5
f. An architectural feature such as an obelisk, clock tower or other feature
similar in character may be located within or in the vicinity of the central Plaza.
g. The Plaza on the north side of the Main Street will incorporate scored
concrete masonry pavers and/or other similar landscape materials, shade trees, seating areas and
lighting and may also include ornamental trees, potted plants and bollards, as appropriate.
2. Main Street and Classic Path Way Uses and Character. The Concept Plan
illustrates the relationship of the Main Street and Classic Path Way retail (or office) to the
residential or office uses above, the location of buildings in relation to abutting private streets,
the location of the service road(s), the parking garage(s) and access to the second and third story
residential (or office). The following specific elements illustrated on the Concept Plan are
proffered:
a. The primary facade materials for all buildings built on Land Bays A and B
as shown on Sheet 3A of the Concept Plan shall include any one or a combination of the
following materials: brick, masonry, synthetic stucco, cementatious horizontal plank, cultured
stone, architectural concrete, glass and ornamental metal.
b. The retail and office storefronts at street level will include the following
features: shop or office entry doors, storefront windows, identification signage, awnings and
canopies. The awnings and/or canopies will conform to the standards and criteria stated in the
411._
1-1-2 Corridor Design Guidelines as referenced in Section 7.6.7 of the Town Zoning Ordinance.
c. Street facing facades of street level retail uses shall be a maximum of 40%
glass. Street facing facades of office uses located above retail uses shall be a minimum of 25%
glass. Facades of all single use stand-alone office buildings shall be a minimum of 50%glass.
d. The maximum length of blank wall between windows and/or storefronts
facing the Main Street and Classic Path Way will be 50 feet.
e. Above the one story retail storefronts at street-level will be two or three
levels of residential units or office space as illustrated on Sheet 3A of the Concept Plan.
f. Roof materials shall be asphalt shingle, slate, wood or metal.
g. Vinyl shall not be used on any exterior walls visible from streets.
h. Loading for the retail and office uses will be provided at the rear of the
retail buildings, accessed from the service road located between the parking garage(s) and the
retail buildings.
i. Access to the residential units above the street-level retail (or office) will
be provided in the locations shown on the Concept Plan via an elevated pedestrian bridge
connecting the adjacent parking deck to an entry vestibule or corridor within the residential
• building. Access to additional levels of residential uses will be via internal stairs and/or elevator,
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•
TLZM 2016-0002
Page 6
as appropriate. Additional at-grade entrances to the residential units may be added, as
appropriate. Additional access to residential and nonresidential uses from an adjacent parking
deck may be provided via an elevated pedestrian bridge in other locations on the Property which
will be indicated at the time of site plan approval for portions of the Property developed with
such other residential and nonresidential structures.
j. The form and location of any structure constructed along Classic Path
Way shall be oriented towards Classic Path Way in a manner that substantially conforms with
the orientation of structures constructed along Main Street.
k. The vehicular entrance from Classic Path Way to North "A" Land Bay as
shown on Sheet 3A of the Concept Plan may be shifted, but at least two vehicular entrances shall
be provided to North"A" Land Bay.
1. The freestanding dumpster enclosure illustrated on North"A"Land Bay as
shown on Sheet 3A of the Concept Plan shall be sufficiently large to accommodate refuse and
recyclable material generated by any use developed on the North"A"Land Bay.
m. With the exception of the commercial recreation use described above in
Proffer I.C.1., the by-right uses developed within North "A" Land Bay as shown on Sheet 3A of
the Concept Plan shall be located to frame Classic Path Way and Dodona Terrace in accordance
• with the following guidelines:
(i) A minimum setback of the twelve feet where a building fronts a
private street shall be provided to accommodate the established
streetscape pattern;
(ii) The maximum setback for buildings located adjacent to Classic
Path Way or Dodona Terrace shall be no more than 25 feet.
(iii) Any front elevation shall be a primary façade in accordance with
the Village Center Design Guidelines. Any exterior wall facing
Dodona Terrace and Classic Path Way should be at a minimum a
primary façade in accordance with those guidelines. Any exterior
wall elevation facing Route 7 shall be at a minimum a type 2
primary façade in accordance with those guidelines.
(iv) A building shall be located adjacent to the intersection of Classic
Path Way and Dodona Terrace consistent with the setbacks
described above and shall be constructed at a scale that is
consistent with structures located across Dodona Terrace and
Classic Path Way from the North"A"Land Bay.
I
i
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(v) A strip-center style of building layout, locating the building(s)
along the western and northern boundary of the development area
is prohibited.
(vi) Maximum building facades without interruptions shall be no
longer than two hundred feet;
(vii) Multiple buildings are permitted and should relate to one another.
n. The site plan for North "A" Land Bay shall incorporate vehicle circulation
elements that include access from Dodona Terrace and Classic Path Way and shall encourage on-
street parking opportunities along Classic Path Way east of the site entrance shown on Concept
Plan Sheet 3A.
o. In the event more than one building is constructed in North"A"Land Bay,
pedestrian linkages between buildings shall be provided that incorporate a concrete surface, a
separation from parking and loading spaces that will be at least six feet, and a landscaping
element that compliments a pedestrian environment.
p. Parking spaces are encouraged within the North "A" Land Bay along
Classic Path Way east of the site entrance shown on Concept Plan Sheet 3A and along Dodona
• Terrace. Any parking spaces located in the above-described portion of North "A" Land Bay
shall be buffered by at least a six foot wide landscaped area that shall include trees and shrubs.
Parking areas within North "A" Land Bay shall accommodate no more than twenty contiguous
spaces and shall be separated by islands suitable for planting trees. Best efforts shall be made to
designate a single loading space area to serve the North "A" Land Bay as shown on Sheet 3A of
the Concept Plan.
q. Unless integrated within the structural design of a building, dumpster
enclosures shall not be constructed adjacent to Classic Path Way or Dodona Terrace. All
dumpster enclosures constructed within North "A" Land Bay shall utilize masonry construction,
shall be no less than six feet tall, and shall be buffered with landscaping along any external wall.
3. Building Heights. Building heights on the Property will be as shown on the
Development Tabulations Table on Sheet 3A of the Concept Plan. Notwithstanding the building
heights shown on the Development Tabulations Table on Sheet 3A of the Concept Plan for the
retail uses in Land Bay B, the height limit for the retail uses in Land Bay B will not exceed 45
feet. The height limit for the townhouse office buildings along the northern facade of Parking
Deck D described below in Paragraph I.D.5.a. will not exceed thirty-five (35) feet.
4. Pedestrian Crossing of Russell Branch Parkway. The following specific
design elements illustrated on the Concept Plan are proffered by the Applicant:
•
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• TLZM 2016-0002
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(
a. The first and second intersections west of Russell Branch Parkway and
Crosstrail Boulevard will be signalized for vehicles and will incorporate a pedestrian count down
system to assist pedestrian crossings between Land Bays B and C.
b. The Applicant will highlight the pedestrian crossing zone at these
locations through the use of painted stamped asphalt or Duratherm within the designated
crosswalk areas.
c. The portion of Russell Branch Parkway from Crosstrail Boulevard to the
most western median break will be designed and constructed with a six (6) foot wide landscaped
median that will incorporate pedestrian crossing areas at intersections to provide pedestrian
crossing safety zones in coordination with the final location of the crosswalks.
5. Route 7 Office Townhouses and Parking Deck D Elevation.
a. The Applicant will construct two-story townhouse office buildings, which
will not exceed thirty-five (35) feet in height along the northern facade of Parking Deck D, as
shown in the Concept Plan and in the Special Exception for Parking Deck D, and these office
buildings will be completed prior to the initial use of Parking Deck D.
b. The front and exposed sides of the townhouse office buildings will have a
primarily masonry facade, but cementations horizontal planking may be used periodically to
create visual interest and the front elevations of the townhouse office buildings will be staggered
to avoid a flat,monotonous appearance.
c. The exposed elevations of Parking Deck D on the north, west and east
sides will have a facade (e.g. brick, aggregate or other finish) that is complimentary to the
adjacent buildings.
6. Reverse Frontage Lots on Russell Branch Parkway. Any reverse frontage
residential lots adjoining Russell Branch Parkway in Land Bay C shall incorporate the following
features:
a. The rear yard privacy fencing parallel to Russell Branch Parkway will be
six feet in height and utilize brick piers at each property corner with visually opaque board-on-
board fence in between each pier.
b. The side and rear facade of these units will incorporate architectural trim,
shutters, exterior materials and fenestration identical to the front facade of the units.
7. Enhanced Buffer for Residential Structures Abutting Crosstrail Boulevard.
The Applicant agrees to increase the amount of screening materials planted in the fifty (50) foot
wide buffer yard between Crosstrail Boulevard and residential lots that abut Crosstrail Boulevard
so that such plantings comply with the screening requirements set forth in Section 12.8.2.G.2.c.
of the Town Zoning Ordinance.
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8. Covenants, Conditions and Restrictions. The Applicant shall create covenants,
conditions and restrictions to coordinate development within the Property, which shall address
P
all proffered design elements and such items as architectural controls, signage, building
materials, lighting and landscaping. An Owners Association(s) or another identifiable single
entity (i.e., owner) shall be formed to oversee the on-going management and maintenance of the
common areas of the Property, including landscaping and maintenance of such common areas.
E. Transportation.
1. Proposed improvements to public roads will consist of the dedication,
construction, and/or improvement of the portions of Route 7, Crosstrail Boulevard, River Creek
Parkway, Russell Branch Parkway and Route 653 located on the Property or off-site asdepicted
on Sheet 6A of the Concept Plan and on Loudoun County Plan #CPAP2005 0045. The
Applicant will also construct all other private roadways, travelways, and parking lots illustrated
on Sheet 6A of the Concept Plan as development plans for portions of the Property including
such features are approved by the Town. Design and construction of any private streets, parking
areas and entrances adequate to ensure ingress and egress to public roadways will be submitted
for review and approval by the Commonwealth of Virginia Department of Transportation
(hereinafter called the "VDOT') if the roadway will be maintained by VDOT, or the Town if the.
roadway will be maintained by the Town, as a part of the subdivision or development plan
process for affected portions of the Property. Transportation improvements proffered herein will
•_ include acceleration, deceleration, and return lanes where required to provide safe access for
development on the Property and shall be constructed in accordance with applicable Town or
VDOT roadway standards.
2. Prior to the issuance of the first permit for occupancy of a building constructed on
the Property, the Applicant will construct the roads depicted on Sheet 6A that are described
below to substantial completion including: placement of all pavement (with the exception of the
final surface course) with all required signage and all pavement markings installed; authorization
for opening each road section by The Town of Leesburg and/or VDOT depending upon
maintenance responsibility of the new roads; and shall open such roads to traffic:
a. Interchange: A grade-separated diamond shaped interchange at the
intersection of Route 7/Crosstrail Boulevard. Interchange construction will include realignment
of River Creek Parkway as depicted on Sheet 6A (Loudoun County Plan #CPAP20050045) and
will include provision of traffic signalization consistent with the VTRC Interchange Selection
Guide.
b. Crosstrail Boulevard: A four lane divided section within 120-foot right-of-
way from the intersection with Route 7 through the intersection with Russell Branch Parkway to
a point where grading would not encroach into the FEMA 100 year floodplain with the
understanding that the portion of Crosstrail Boulevard from Russell Branch Parkway to the
FEMA 100 year floodplain will not be opened to traffic until Crosstrail Boulevard is connected
by others to the southern Property boundary. The Applicant will design Crosstrail Boulevard to
a point that ensures the adequate road crossing of Tuscarora Creek (approximately 500 feet
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beyond the southern property boundary). The Applicant will also provide FEMA floodplain
studies and alteration studies for the portion of the Property where Crosstrail Boulevard crosses
Tuscarora Creek to ensure the vertical alignment of the road is adequate.
c. Russell Branch Parkway: A four lane divided section within 90 foot right-
of-way from the eastern Property boundary to the western Property boundary. The four lane
divided section of Russell Branch Parkway will connect to Route 653 via a transition on the
Property composed of a two lane road section. Relocation of Route 653 shall be approved by
Loudoun County.
d. The Applicant shall install, at such time as required by warrants, the
following signalization, based on the latest edition of the Manual on Uniform Traffic Control
Devices, as determined by the Town or VDOT as applicable:
i. Signalization at the intersection of Crosstrail Boulevard and
Russell Branch Parkway; and
ii. Signalization at the first and second roadway crossover on Russell
Branch Parkway to the west of the intersection of Crosstrail Boulevard and Russell Branch
Parkway. The Applicant shall install pedestrian countdown signalization devices at the time
each signal is installed to assist pedestrian crossings between Land Bays B and C. �.
3. Route 653: The existing signalization at the intersection of River Creek Parkway
and Route 7 and the existing signalization at the intersection of Route 7 and Route 653 will be
removed.
4. Existing access from Route 653 to Route 7 will be terminated at its current
location at such time as access to the Property is available via the grade-separated interchange
described above in Proffer I.E.2.a.
5. The Applicant shall provide for temporary construction access to the Property
from Route 7 and/or from Route 653, including, but not limited to roadway improvements,
signage and pavement markings required to provide safe access to public roadways.
6. At the time of approval of the first record subdivision plat or final development
plan for adjacent sections of the Property, the Applicant shall create and grant to VDOT with no
compensation a no-access easement along the Property's Route 7 frontage with the exception of
the area for access to the Route 7/Crosstrail diamond-shaped interchange. The intent of the
easement is to prohibit direct access to Route 7 from the Property, but shall not preclude access
via Crosstrail Boulevard.
7. In lieu of contribution of the sums indicated and listed in the Town Plan as
adopted pursuant to Town Resolution 97-216, the Applicant agrees to construct and dedicate to
VDOT the grade-separated interchange at the intersection of Crosstrail Boulevard and Route 7 as
illustrated on the Concept Plan as its pro-rata share toward the Town transportation improvement
•
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fund supporting the commercial, office, and residential uses on the Property. This donation shall
be in the form of actual construction. The Applicant shall complete such construction prior to
issuance of the Occupancy permit for any building constructed on the Property.
8. The Applicant agrees to relocate to the west the current entrance to the Holiday
Inn at Carradoc Hall by approximately 450 feet, including the extension of the existing Route 7
westbound acceleration/deceleration lane to this new entrance and the construction of an
acceleration lane for approximately 1,000 feet west of the new entrance to provide a safe merge
back into the westbound through .traffic. In addition to these Route 7 improvements, the
Applicant will extend the new entrance from Route 7 to the parking lot and repair or replace, as
appropriate, decorative landscaping and/or lawn area affected by the entrance relocation,
provided any needed property access permissions for this work are granted. The Applicant will
pay for and construct these improvements to the Carrodoc Hall entrance as described above, as
part of its funding of the construction of the Route 7/River Creek Parkway interchange.
9. Sheet 6 of the Concept Plan depicts the pedestrian circulation network for the
Property. The bridge-portion of the Route 7 / River Creek Parkway interchange will include a
ten (10) foot wide sidewalk along the west side and a twelve (12) foot wide trail along the east
side. Both will be extended to the north to connect into the existing Potomac Station sidewalk
network along River Creek Parkway and to the south to the Village at Leesburg sidewalk
network. The pedestrian elements of the interchange are depicted on design plans for the
interchange (Loudoun County Plan#CPAP20050045). Notwithstanding the typical cross section
on Sheet 6 for Crosstrail Boulevard, the Applicant will build a six-foot wide sidewalk along the
west side and a ten-foot wide trail along the east side. Along Russell Branch Parkway, the
Applicant will build an eight-foot wide trail along the northern side and an eight-foot wide trail
along the southern side. All other pedestrian walkways within the Village of Leesburg will be as
shown on Sheet 6.
10. Prior to the issuance of the first permit for occupancy of a building constructed on
the Property, the Applicant will establish locations on the Property suitable for transit stops by a
shuttle operated by the Town, the Virginia Regional Transportation Service or other provider and
will cooperate with and support such service provider to facilitate bus service to and from the
Property and the Town Historic District.
11. Prior to issuance of the first permit for occupancy of a building constructed in
Land Bays D or E, the Applicant agrees to construct a half section of Russell Branch Parkway
from the western Property line to the Town's Wastewater Treatment Plant. Such construction
will be consistent with Town Development Regulations and will be predicated on the Town
obtaining the right-of-way or on receipt at no cost to the Applicant of the right-of-way necessary
to construct the half section of Russell Branch Parkway to provide access to the Town's
Wastewater Treatment Plant via Russell Branch Parkway.
12. Prior to issuance of the first permit for occupancy of a building constructed in
Land Bays D or E, the Applicant agrees to install pedestrian countdown signalization devices at
• the intersection of Crosstrail Boulevard and Russell Branch Parkway.
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F. Residential Recreation. The recreational amenities shown in Land Bays B and C will
be provided in the locations that substantially conform to those illustrated on the Concept Plan,
with the understanding that such amenities may shift within the areas shown on Land Bays B and
C. The community center in Land Bay B will be built within the adjacent residential building
and will include, at a minimum, a fitness center, business center, media room and
entertainment/social area that will collectively be at least 3,500 square feet, as well as an outdoor
pool and outdoor social area. The bocce courts and lawn games area will be built concurrently
with the adjacent residential buildings and will be available for use prior to issuance of
occupancy permits for such buildings. The community I fitness center in Land Bay C will be
built at the same time as the adjacent multifamily structure immediately to its south and will
include, at a minimum, a fitness center, business center, media room and entertainment/social
area that will collectively be at least 4,500 square feet, as well as an outdoor pool and social area
and outdoor game area and will collectively be available for use prior to issuance of occupancy
permits for such buildings. The tennis court and multi-purpose courts shall be located in Land
Bay C. All amenities in this proffer shall be constructed consistent with the phasing requirements
of Section 9.3.12.E. of the Town Zoning Ordinance. All of these outdoor recreational amenities
such as parks, open space, trails, bocce court, greens, etc., that are constructed on the Property
will be built by the Applicant and will be available to all residents with the understanding that
recreational facilities located on Land Bay C and designed for use solely by active adult residents
will be limited to use by only such residents, their guests and invitees. Prior to issuance of the
• first permit for occupancy of a building constructed on the Property, the Applicant agrees to pay the Town Four Hundred Thousand Dollars ($400,000.00) to be used for the purchase or
construction of improvements or equipment for public recreational facilities at Ida Lee
Recreation Center. At the time of issuance of a zoning permit for each applicable unit the
Applicant agrees to pay to the Town One Thousand Dollars ($1,000.00) per residential dwelling
unit to be used by the Town for the purchase or construction of improvements or equipment for
public recreational facilities at Ida Lee Recreation Center.
G. Workforce Housing. The Applicant will make available for initial sale or rent up to a
total of 10 multi-family units within Land Bays A and B for a Workforce Housing initiative
within the Town. These units will be offered for sale or rent at a discount of twenty percent
(20%) from the market price of the comparable unit developed on the Property. The goal of the
Workforce Housing initiative will be to increase housing opportunities within the Town for local
government employees. The Applicant will cooperate with the Town on the development of
administrative guidelines deemed necessary to implement this program.
II. ACTIVE ADULT UNITS
A maximum of 300 residential units shall be constructed in Landbay C and occupancy of
said units shall be age restricted in accordance with the following parameters:
1. At least eighty percent (80%) of the occupied residential units shall be occupied
by at least one person fifty-five (55) years of age or older and within such units the following
conditions shall apply.
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Village at Leesburg
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a. All other residents must reside with a person who is 55 years of age or
older, and be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or
provide primary physical or economic support to the person who is 55 years of age or older.
Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health -
care to a person who is 55 years of age or older for compensation may also occupy a dwelling
during any time such person is actually providing such care.
b. Guests under the age of 55 are permitted for periods of time not to exceed
sixty(60) days total for each such guest in any calendar year.
c. If title to any lot or unit shall become vested in any person under the age
of 55 by reason of descent, distribution, foreclosure or operation of law, the age restriction
covenant shall not work a forfeiture or reversion of title, but rather, such person thus taking title
shall not be permitted to reside in such lot or unit until he shall have attained the age of 55 or
otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse
shall be allowed to continue to occupy a dwelling unit without regard to age.
2. A maximum of twenty percent (20%) of the occupied residential units shall be
allowed to be occupied by at least one person fifty (50) years of age or older and within such
units the following conditions shall apply.
• a. All other residents must reside with a person who is 50 years of age or
older, be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or
provide primary physical or economic support to the person who is 50 years of age or older.
Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health
care to a person who is 50 years of age or older for compensation may also occupy a dwelling
during any time such person is actually providing such care.
b. Guests under the age of 50 are permitted for periods of time not to exceed
sixty(60)days total for each such guest in any calendar year.
c. If title to any lot or unit shall become vested in any person under the age
of 50 by reason of descent, distribution, foreclosure or operation of law, the age restriction
covenant shall not work a forfeiture or reversion of title, but rather, such person thus taking title
shall not be permitted to reside in such lot or unit until he shall have attained the age of 50 or
otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse
shall be allowed to continue to occupy a dwelling unit without regard to age.
3. The above described use restrictions may be amended from time to time in
accordance with applicable local and state regulations governing age restricted housing and the
Federal Fair Housing Act so long as the substantive intent as set forth herein is maintained. The
Applicant will record a restrictive covenant on the Property limiting the use of Land Bay C to the
age-restricted community described above. The terms and conditions of the restrictive covenant
described in Proffer II. shall be reviewed and approved by the Town Attorney for conformity to
such proffer prior to issuance of the first building permit for an active adult unit.
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PROFFER STATEMENT
Village at Leesburg
• TLZM 2016-0002
Page 14
4. The Active Adult community will be for independent living only; no assisted
living units or services will be included.
HI. SEQUENCING OF CONSTRUCTION
Once construction of the interchange described in Proffer I.E.2.a. herein has started, the
Applicant shall have the right, subject to appropriate jurisdictional approval of requisite plans,
plats and permits and the posting of associated bonds, to initiate site development and building
construction on the Property, (defined herein as issuance of a zoning permit by the Town),
allowed under those approved plans. However, no occupancy permits shall be issued for any
completed structure on the Property until the transportation improvements related to such
development described herein are constructed to substantial completion and are open to traffic.
Upon completion of the construction and opening to traffic of the transportation improvements
described in Proffer I.E., all uses described on Sheet 3A of the Concept Plan may be constructed
on the Property.
IV. INTERCHANGE
The diamond shaped interchange to be constructed by the Applicant in accordance with
these proffers shall be constructed, subject to approval and modifications required by VDOT, to
a design that seeks to utilize concrete form liners and concrete stain to simulate a stone façade to
40- the abutments and wing walls of the interchange, and to landscape the banks of the interchange
with trees and shrubs, as depicted on Sheet 8D of the Concept Plan. The Applicant will provide
pedestrian lighting on the bridge and will utilize light fixtures that incorporate traditional design
details, subject to approval by VDOT. The Applicant will use its best efforts, subject to
compliance with VDOT and Corps of Engineer ("COE") regulations, to retain existing
vegetation growing within the areas of the interchange not required by VDOT approved plans for
construction of roadway related improvements and, to the extent possible consistent with VDOT
and COE regulations and interchange design plans, plant native vegetation within the
interchange areas not utilized for right-of-way. The Applicant will reestablish the Potomac
Station community sign at the intersection of Potomac Station Drive and River Creek Parkway,
in a location selected by the Potomac Station Homeowners' Association and in a manner
mutually agreed upon by the Applicant and the Association. The community sign will be subject
to all regulations and limitations of the jurisdiction in which it is located. The Applicant will
landscape that portion of River Creek Parkway north of Route 7, that is disturbed by the
interchange construction, with the goal of restoring the character of the streetscape between
Potomac Station Drive and Route 7 that existed prior to the interchange's construction. The sign
relocation and landscaping shall be moved or planted prior to opening of the interchange for
public vehicular access.
V. LIGHTING
All freestanding parking lot lights located on the Property (with the exception of lighting
fixtures on the top surface of elevated parking decks) shall have a maximum height of twenty
feet (20') and shall have fixtures which direct light downward and inward. All lighting on the
130686603 v4
PROFFER STATEMENT
Village at Leesburg
• TLZM 2016-0002
Page 15
top surface of elevated parking decks constructed on the Property shall have a maximum height
of five feet (5') unless an alternative height is approved by the Board of Architectural Review
during the H-2 review process and shall have fixtures which direct light downward and inward.
Applicant shall design and construct all lighting on Property to standards set in the DCSM
Section 7-670, and said illumination on the Property shall not be visible from off of the site
where the lights are located at levels in excess of those allowed in DCSM 7-670. The Applicant
shall provide photometric information on site lighting to the Board of Architectural Review
during the H-2 review process.
VI. RECREATION TRAIL AND FLOOD PLAIN
A. Recreation Trail. Concurrently with approval by the Town of Leesburg Department of
Parks and Recreation and subdivision approval for adjacent portions of the Property, the
Applicant will build a ten-foot wide recreation trail constructed with asphalt or concrete
consistent with DCSM Standards within the Tuscarora Creek floodplain which will provide a
linkage to the recreation amenities in the western portion of the Property and will connect to
Russell Branch Parkway, as depicted on Sheet 5 of the Concept Plan. Portions of the recreation
trail may be located upon that portion of the Property that overlays a sewer easement. The
recreation trails will be built wider than ten (10) feet to allow the Town vehicular access to
maintain the sewer and to access the pump station referenced herein in Section IX. The extent
and width of this portion of the trail needed by the Town for vehicular access will be determined
at the time of final development plan review, The Applicant will submit all necessary flood plain
studies and applications for 100 year floodplain alteration to the Town and FEMA for review and
approval. The Applicant and/or owners association will maintain all portions of the trail not
conveyed to the Town for operation and maintenance of the pump station and sewer line.
B. Restrictive Covenant. The Applicant will record a restrictive covenant limiting the use
of the Property that is outside of the Town limits along the southern boundary to open space,
subject to the location of any necessary utilities to serve the Property. The covenant will be
recorded prior to or simultaneous with the first Record Plat for the uses within Land Bay C,
VII. LANDSCAPING/BUFFERS/WETLANDS
A. Along the portion of the Property that abuts Route 7, there shall be buffer yards planted
with screening materials as illustrated on Sheet 7 of the Concept Plan or on the plan attached
hereto and incorporated herein by reference entitled "Route 7 Landscape Buffer — Final
Development Plan Revision," prepared by Fiord, Coplan and Macht, dated June 2, 2009, in
compliance with the Town's Zoning regulations at the time of development. This buffer and all
landscaping shown on the Concept Plan shall be bonded and constructed by the Applicant
concurrently with adjacent development. Bonding of the landscape buffer shall be administered
by the Zoning Administrator of the Town of Leesburg. All surface parking areas shall be
designed and landscaped per the requirements of the Town Zoning Ordinance and the Design
and Construction Standards Manual. All landscaping shall be planted to ensure adequate sight
distance is maintained at proposed intersections and the grade-separated interchange.
130686603 v4
PROFFER STATEMENT
Village at Leesburg
• TLZM 2016-0002
Page 16
B. Modification Number 2 is further defined to state that the full 35 foot landscape screen
will be provided on the south side of Russell Branch Parkway except where wetlands exist as
designated on the Concept Plan.
VIII. SOUND ABATEMENT
The Applicant shall prepare and submit to the Town for review a noise impact study of
the interchange upon existing adjacent residential structures located north of East Market Street.
The noise impact study will be consistent with the standards of VDOT and FHWA. The
Applicant will implement the recommendations of said noise study in cooperation with the
Potomac Station Homeowners Association and affected homeowners, subject to availability of
necessary land being provided at no cost to the Applicant. Any noise attenuation improvements
will be constructed by the Applicant and at the Applicant's expense, concurrently with the
construction of the Interchange described in Proffer I.E.2.a, and will be in place prior to the
initial operation of that portion of the interchange mandating the improvement. Should the final
noise attenuation improvements include concrete walls, such walls will be cast on both sides
with form liners and concrete stain to simulate a stone facade similar in appearance to the
abutments and wing walls of the interchange, referred to in Proffer IV. Additionally, both sides
of the noise attenuation improvements will be landscaped in an equivalent manner, subject to
available space for plantings, in cooperation with the Homeowners Association and affected
homeowners.
SIX. UTILITIES
In the sub area of the Property where a Town owned and operated public gravity sewer
conveying flows to the Town of Leesburg Waste Water Treatment Plant is not available, the
Applicant will construct on the Property, at its own cost, an interim pump station. An interim
pump station would be in place until the ultimate pump station identified in the Town of
Leesburg Water and Sewer Master Plan, or a suitable and approved alternative is constructed and
in operation. All associated easements on the Property including those necessary to link the
interim pump station with the ultimate pump station described below will also be reserved for
such access with pump station construction plans. The cost of construction of the on-site interim
pump station will be borne by the Applicant. The interim pump station design will be subject to
approval by the Town Engineering and Utilities departments as well as the Virginia Department
of Environmental Quality. The Applicant shall be responsible for the extension of water and
onsite gravity sewer to the Property at no cost to the Town, and shall be responsible for payment
of all water and sewer pro-rata fees, The Applicant acknowledges the close proximity of the
Property to the Town's Water Pollution Control Facility (WPCF) and potential for occasional
odor problems. The removal of the existing tree buffers between the Town's WPCF and the
Property may further impact this problem. Where possible, the Applicant shall preserve or plant
a tree buffer between the WPCF and this development consistent with Zoning Ordinance
requirements.
130686603 v4
PROFFER STATEMENT
Village at Leesburg
• TLZM 2016-0002
Page 17
X. ANNEXATION AREA DEVELOPMENT POLICIES AND CAPITAL FACILITY
PAYMENTS
Construction of the regional transportation improvements described in Proffer I.E.2,a,
satisfies Town Resolution 2005-111 for all residential units on the Property.
The Applicant agrees to pay up to Two Million One Hundred Thirteen Thousand One
Hundred Fifty-Nine and 00/100 Dollars ($2,113,159.00) to the Town to offset any payments
owed to the County under the Annexation Agreement. One Million One Hundred Fourteen
Thousand Eight Hundred Sixteen and 35/100 Dollars ($1,114,816.35) has been paid for the 335
dwellings constructed in Land Bays A and B as depicted on the Concept Plan. Three Thousand
Three Hundred Twenty-Seven and 81/100 Dollars ($3,327.81) will be paid for each additional
dwelling unit constructed on Land Bay C of the Property. The above payments have been made
and will be made at the time of issuance of a zoning permit for each residential unit constructed
on the Property.
XI. FIRE AND RESCUE CONTRIBUTION
Prior to the issuance of each zoning permit, the Applicant shall make a one-time
contribution of One Hundred Twenty Dollars ($120.00) per residential dwelling unit constructed
on the Property and ten cents ($.10) per gross square foot of building area payable to the Town
11- of Leesburg for distribution to the fire and rescue companies providing service to the Property.
The contribution shall be divided equally between the primary servicing fire and rescue
companies. This contribution shall escalate on a yearly basis from the base year of 2005 and
change effective each January 1 thereafter based on the Consumer Price Index (CPI) for the
Washington Metropolitan SMSA.
XII. FIRE ALARM AND SPRINKLERS
All buildings on the Property shall include automatic sprinklers, designed and installed to
applicable building code standards.
XIII. H-2 CORRIDOR REGULATION
The entire Property depicted on the Concept Plan is subject to the H-2 Corridor Design
Guidelines. Prior to approval of the site plan for any commercial or residential uses on any
portion of the Property, the Applicant shall submit the Village Center Design Guidelines, as
amended, to the Board of Architectural Review ("BAR") for review and approval. Prior to site
plan approval for the North "A" Land Bay as shown on Concept Plan Sheet 3A, the Village
Center Design Guidelines shall be revised to indicate the building typologies set forth on Sheet
3A of the Concept Plan.
•
130686603 v4
PROFFER STATEMENT
Village at Leesburg
410 TLZM 2016-0002
Page 18
XIV. FIBER OPTIC CABLE
The Applicant will install conduit for fiber optic cable through the Property as necessary
to allow for future distribution by appropriate fiber optic service providers. The Applicant will
work with each of the service providers to extend fiber optic services to all parts of the project.
XV. MARKET STUDIES
The Applicant will fund a study, undertaken in conjunction with the Town's Department
of Economic Development, of the market for and economic feasibility of construction and
operation of large plate Class A office space in the Town of Leesburg and a hotel of at least 100
rooms to be located in the I-1 zoned portion of the Property, including the market and economic
feasibility of additional hotel services (ranging up to a full-service hotel). The study will be
initiated within one year of the date of the zoning approval and completed prior to the
submission of any final site plan or record plat for development of permitted or special exception
uses on the I-1 portion of the Property.
XVI. MISCELLANEOUS
Should any provision or portion of these Proffers be declared by any Virginia or federal
court of competent jurisdiction to be invalid, the same shall not affect the validity of these
1111- Proffers as a whole, or any part thereof, other than that which is so declared to be invalid. These
proffers are filed in accordance with Section 15.2-2303 of the Code of Virginia, as amended, and
Section 3.3.16 of the Town Zoning Ordinance.
The Applicant agrees to indemnify the Town for reasonable attorney fees, expenses and
court costs incurred by the Town in defending any action by Loudoun County to challenge
approval of TLZM 2010-0003 that is timely filed pursuant to Section 15.2-2285F of the Code of
Virginia. In the event an action filed by Loudoun County to challenge approval of TLZM 2010-
0003 results in a final unappealable judgment against the Town requiring capital facility
payments pursuant to Town Resolution 2005-111 for the 335 dwelling units developed in Land
Bays A and B of the Property, the Applicant agrees to indemnify the Town for payment of a
judgment in an amount not to exceed Two Million Six Hundred Sixteen Thousand Fifteen and
00/100 Dollars ($2,616,015.00) (335 dwelling units x $7,809).
The term `DEDICATION" as used herein shall mean convey by general warranty deed
fee simple title to the land to the Town or VDOT, free and clear of any defects in title liens or
encumbrances at no cost to the Town or VDOT in a form approved by the Town Attorney. The
term "easement" as used herein shall mean grant by deed and easement interest to the Town or
VDOT at no cost to the Town or VDOT in a form approved by the Town Attorney.
The Applicant agrees that approval of this rezoning does not express or imply and waiver
or modification of the requirements set forth in the Subdivision and Land Development
Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual. Final
f
o
130686603 v4
PROFFER STATEMENT
Village at Leesburg
• TLZM 2016-0002
Page 19
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.
.-
o •
130686603 v4
PROFFER STATEMENT
Village at Leesburg
TLZM 2016-0002
Page 20
t ,
OWNER:
CARLYLE/CYPRESS LEESBURG I,LLC
By: /6g..__1/"Ii.A.
COMMONWEALTH OF VIRGINIA
COUNTY OF LOUDOUN; to-wit:
Before the undersigned, a Notary Public in and for the aforementioned jurisdiction,
personally appeared Mark Rone as Agent of Carlyle/Cypress Leesburg I, LLC, who
acknowledged that he executed the foregoing Proffers with the full power and authority to do so.
IN WITNESS WHEREOF, I have affixed my hand and seal this ,7+4' day of
Szp+cm ber , 20t�O .
411- (A 40 ,,M-
Zt 1C
O
HAYLEY M WOZNIAK"
NOTARY PUBLIC-STATE OF NEW YORK '
NO.01 W06255075
QUALIFIED IN NEW YORK COUNTY
MY COMMISSION EXPIRES 03-02-2020
•
130686603 v4
!
PROFFER STATEMENT
• Village at Leesburg
1 TLZM 2016-0002
Page 21
OWNER:
SPRINGFIELD EAST, LC
By: Kettler - ., s manager
Sean '-. uri, Sr. Vice President
•
�-/COMMONWEALTH OF v� -
-C -/COUNTY OF ;to-wit:
Before the undersign d, aNotary Public in and or thefor mentioned jurisdiction,
personally appeared SeH•Ck n , as 5 v, A ` 1 ° ey of Springfield East,
LC, who acknowledged that he/she executed the foregoing Proffers with the full power and
authority to do so.
1N WITNESS WHEREOF, I have affixed my hand and seal this ?1--t&- day of
i✓ou.3-t.( ,201 .
• Cu
Notary Public
s';;�- ,z:, Michele Hunt Conway
Commonwealth of Virginia
. ��p; �� Notary Public
,f1• '-` Commission No.7294800
`:`.° ! 'r My Commission Expires 12/31/2017
•
130686603 v4