STAFF REPORT. Rezoning (REZ) #PLN , Wellington Glen (Brentsville Magisterial District)

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1 COUNTY OF PRINCE WILLIAM 1 County Complex Court, Prince William, Virginia PLANNING (703) Metro , Ext FAX (703) OFFICE Internet Stephen K. Griffin, AICP Director of Planning October 12, 2005 STAFF REPORT Rezoning (REZ) #PLN , Wellington Glen (Brentsville Magisterial District) Planning Commission Public Hearing Date: October 19, 2005 Staff Recommendation: Approval I. Background is as follows: A. Request - This is a request to rezone +/-15 acres from A-1, Agricultural to O (F), Office Flex and +/ acres from A-1 to PMD, Planned Mixed Development to allow development of 624 multi-family dwelling units and either 1.2 million square feet of office space and 400 hotel rooms or an additional 230,000 square feet of potential office space in lieu of the hotel rooms. The application includes requests for waivers and modifications to allow private streets, to waive internal buffer requirements, to modify and waive perimeter buffer requirements, and waive the requirement for more than one dwelling unit type. B. Location - The subject site is located on the north and south sides of Wellington Road, the east and west sides of Clayton Road, south of Hornbaker Road (see maps in Attachment A). The site is identified on County maps as GPIN C. Comprehensive Plan - The subject site is primarily designated as Regional Employment Center (REC), a strip of Flexible Employment Center (FEC) is located along the west side of the site, and two sections of Environmental Resource (ER), one located in the center and one in the southwestern corner of the eastern portion of the site in the Comprehensive Plan. The location of the requested O(F) zoning in Parcels A and B to implement FEC and the location of the requested PMD, Urban Residential zoning in Parcel C to implement REC has been interpreted by staff as consistent in light of the residential uses to the south of the development adjacent to Parcel C. D. Zoning/Acreage - The acre site is zoned A-1, Agricultural and falls within the Airport Safety Overlay District.

2 Planning Commission October 12, 2005 Page 2 E. Adjacent Land Uses - The nearby land uses are the Independence residential and University Village mixed use developments and vacant A-1 land to the south; several industrial parks to the west and east. The property is traversed by the Route 234 Bypass, Wellington Road and the alignment for Sudley Manor Drive (See maps in Attachment A). II. Current Situation is as follows: A. Planning Office Recommendation - The Planning Office recommends approval of Rezoning # PLN , Wellington Glen, subject to the proposed proffers dated October 12, See Attachment B for the staff analysis and Attachment C for the proposed proffers. B. Public Hearing - A public hearing has been advertised for October 19, 2005, before the Planning Commission. III. Issues in order of importance are: A. Comprehensive Plan 1. Long-Range Land Use - Is the proposed rezoning consistent with the intent of the Flexible Employment Center, Regional Employment Center and Environmental Resource long range land use classifications? 2. Level of Service - How does the proposal address the Policy Guide for Monetary Contributions in place since January 1, 2002, the Policy Guide in effect upon acceptance of the application? 3. Environmental Plan - Will the proposed zoning better address the goals and strategies of the Environment Plan than the existing conditions? 4. Transportation Plan How will the proposed rezoning address the Transportation Plan and the Thoroughfare Plan? B. Community Input - Have any issues been raised by members of the community? C. Legal Uses of Property - What uses are allowed on the property? How are legal issues resulting from Planning Commission action addressed? D. Timing - When must the Planning Commission take final action on this application?

3 Planning Commission October 12, 2005 Page 3 IV. Alternatives beginning with the staff recommendation are as follows: A. Recommend approval of REZ # PLN , Wellington Glen, subject to the proposed proffers dated October 12, Comprehensive Plan a) Long-Range Land Use - Approval would result in the acre site being zoned O(F) and PMD, subject to the proffers dated October 12, b) Level of Service The application was accepted on November 26, 2003, prior to the adoption of the current LOS Guidelines. The applicant has diligently pursued this request, and due to staff uncertainty surrounding the alignment of Sudley Manor Drive, the applicant was requested to wait until the alignment was resolved. Subsequently, this issue has been resolved. Accordingly, staff believes it is appropriate to use the LOS Guidelines in effect at the time the application was accepted. The applicant has proffered an 80-acre land dedication and flat monetary contribution of $250,000 for engineering, design and development of said tract of land for parks and open space in lieu of the recommended monetary contributions. The land proposed to be dedicated (See Attachment D) is located within the service area of the subject property and is valued at more than the recommended park and open space contribution. The Guidelines for Monetary Contributions suggest the appropriate LOS mitigation for Parks and Open Space would be $1,033,968. In light of the contract purchase price for the Witta property which is $30,000 per acre, the land area to be dedicated would be worth $2,142,000. Transportation is addressed as follows: a credit is requested for the dedication of 8.6 acres from the Wiita Property for Rollins Ford Road, dedication of right-ofway and necessary easements for Sudley Manor Drive and dedication of 6.5 acres for a future interchange at Sudley Manor Drive and Route 234 By-pass worth $1,044,530 and consideration of the excess park and open space contribution being credited toward Transportation. The other proffered amounts are consistent with the County s guide for Monetary Contributions effective January 1, Approval, as recommended, would allow dedication of land and $250,000 in lieu of LOS mitigation for Parks as well as right-of-way dedication credit and the excess credit from Parks to be considered in relation to the Transportation LOS. It should be noted that the applicant has provided an

4 Planning Commission October 12, 2005 Page 4 Agency alternative set of proffers (See Attachment E) that provides full monetary contribution in addition to right-of-way dedication credit. It is valued at nearly $500,000 less. Current Guideline Rate Total Recommended Proffer Amount Total Proffer Amount Environment acres $75.00 $13, $13, Fire and Rescue per $0.38 $543, $543, million square feet Fire and Rescue per 624 units Housing - per 624 units Libraries per 624 units Parks and Open Space per 624 units Schools per 624 units Transportation per 624 units $ $215, $215, $ $156, $156, $ $139, $139, $1, $1,033, $2,392, $3, $2,179, $2,179, $5, $1,907, $1,044, TOTAL $6,189, $6,684, These amounts are consistent with the Policy Guide for Monetary Contributions in place on January 1, 2002, which was the policy in effect upon acceptance of this proposal. The amount of proffered contribution for Parks and Recreation is based on the dedication of the Wiita Property (See Attachment D), on which the applicant has a contract purchase in the amount of $30,000 an acre based on 71.4 acres. The amount of proffered contribution for Transportation is also based on dedications of 8.6 acres from the Wiita Property for Rollins Ford Road, dedication of right-of-way and necessary easements for Sudley Manor Drive and dedication of 6.5 acres for a future interchange at Sudley Manor Drive and the Prince William Parkway. The applicant has provided an alternative set of proffers (See Attachment E) also dated October 12, 2005, that substitute monetary amounts for parks and open space as well as transportation minus dedications for Sudley Manor Drive and the interchange at Sudley Manor Drive and

5 Planning Commission October 12, 2005 Page 5 Prince William Parkway in lieu of the Wiita property dedication. The alternative proffers are not recommended by staff and are valued at $494,994 less than the off-site park dedication package would be. c) Environment Approval would allow development of the subject site with protection of the majority of the environmental features on-site. d) Transportation Approval of the proposed rezoning as proffered would result in the dedication of right of way for a section of Sudley Manor Drive through the site and dedication of the interchange at Route 234 By-pass and Sudley Manor Drive. 2. Community Input - The application has been transmitted to adjacent property owners within 200 feet. No issues have been expressed to the Planning Office as of the date of this report. 3 Legal Uses of the Property - Those uses allowed in the PMD and O(F) zoning districts would be permitted, subject to the proposed proffers. Legal issues resulting from Planning Commission action are appropriately addressed by the County Attorney s office. 4. Timing - The Planning Commission has 90 days from October 19, 2005, the first public hearing date, to take action on this proposal. Approval of this application would meet the 90-day requirement. It should be noted that the application was accepted by the Office of Planning on November 26, 2003, but the applicant submitted a letter waiving the one year processing time in order to resolve outstanding issues identified by staff relating to the alignment of Sudley Manor Drive. B. Recommend denial of REZ # PLN , Wellington Glen. 1 Comprehensive Plan a) Long-Range Land Use - The existing zoning and uses are not consistent with the purpose and intent of the REC and FEC classifications. b) Level of Service -.Denial would have no impact on existing levels of service, therefore the Guidelines for Monetary Contributions would not apply. c) Environment Denial of the application results in no adverse environmental impacts beyond those generated by existing conditions.

6 Planning Commission October 12, 2005 Page 6 d) Transportation Denial of the rezoning as proffered would not provide for the dedication of right-of-way for a section of Sudley Manor Drive through the subject site and the future interchange at Route 234 By-pass and Sudley Manor Road, meaning the County would be in the position of acquiring the land by other means. Additionally, the dedication for the Rollins Ford Road to Vint Hill Road would not be provided. 2. Community Input - The application has been transmitted to adjacent property owners within 200 feet. No issues have been expressed to the Planning Office as of the date of this report. 3. Legal Uses of the Property - The property would remain zoned A-1 and be subject to the ordinance requirements for that district. Legal issues resulting from Planning Commission action are appropriately addressed by the County Attorney s office. 4. Timing - The Planning Commission has 90 days from October 19, 2005, the first public hearing date, to take action on this proposal. Denial of this application would meet the 90-day requirement. It should be noted that the application was accepted by the Office of Planning on November 26, 2003, but the applicant submitted a letter waiving the one year processing time in order to resolve outstanding issues identified by staff relating to the alignment of Sudley Manor Drive. V. Recommendation is that the Planning Commission accept Alternative A and recommend approval of REZ # PLN , Wellington Glen, subject to the proffers dated October 12, 2005 (See Attachment C). Staff: Fran Burnszynski, X6962 Attachments A. Area Maps B. Staff Analysis C. Proposed Proffer Statement, MZP and Building Elevations D. Wiita Property Exhibit E. Alternative Proffer Statement F. Environmental Constraints Analysis Plan

7 Attachment A - Maps VICINITY MAP REZ # PLN , Wellington Glen Page A-1

8 Attachment A - Maps EXISTING LAND USE AND ZONING MAP REZ # PLN , Wellington Glen Page A-2

9 Attachment A - Maps LONG-RANGE LAND USE MAP REZ # PLN , Wellington Glen Page A-3

10 Attachment B - Staff Analysis Part I. Summary of Comprehensive Plan Consistency Staff Recommendation: Approval The following is a summary of staff s analysis of this rezoning request. This analysis is based on the relevant Comprehensive Plan action strategies, goals, and policies. A complete analysis is provided in Part II of this report. Plan Consistency Reasons Long-Range Land Use No The proposed PMD zoning is generally consistent with the REC designation; however, the sub-zoning classifications of O(F) as part of a PMD and M-2 within the REC are not. The Plan recommends intense development in the REC; however, the maximum proposed FAR is about 0.30 which is considered low. The mix of employment and residential uses is consistent with the recommended 75% employment and 25% residential/retail. A phasing plan has been proffered, but it does not ensure that employment uses will be primary early in the development of the project. However, the infrastructure for the employment use would be developed in earlier phases. The location of the residential component of this development adjacent to the residential development to the south is deemed compatible. Community Design Yes The applicant has provided design guidelines that provide guidance for architectural treatments, landscaping and signage. The applicant has proffered to provide the roadways as shown on the Transportation Plan and develop substantially as shown on the Illustrative Plan with some flexibility on building location to accommodate tenant needs. The majority of parking will be beside or behind proposed buildings. The proposed proffers include waivers and modifications of buffer requirements. Cultural Resources Yes The applicant has proffered to conduct a Phase I archaeological study on Land Bays I, J and K prior to sketch plan submission and if necessary Phase II and Phase III studies. Also, the applicant has proffered to provide a cemetery delineation at time of sketch plan submission on Land Bays F and G. REZ # PLN , Wellington Glen Page B-1

11 Attachment B - Staff Analysis Economic Development No The proffered PMD will include up to 1.2 million square feet of uses allowed in the O (M), O (H) and O (F) districts and up to 400 hotel rooms or an additional 230,000 square feet of office and retail space in lieu of the hotel rooms; however, the phasing of uses does not establish these primary (office/employment) uses prior to establishment of the secondary residential use, or provide any assurance of when the primary employment uses would be developed. Environment Yes The applicant has proffered appropriate buffers for the three perennial streams that traverse the site, and the majority of the steep slopes will also be preserved. The largest area of wetlands on-site are preserved with this proposal. Two small wetland areas and associated intermittent streams on Parcel A and between Parcels K and J will be disturbed. The latter is encumbered with a gas pipeline easement. Permits from DEQ and the Army Corps will be required. Stormwater management ponds are located outside of RPAs. A $75 per gross acre monetary contribution for water quality monitoring is proffered. Fire and Rescue No The site is located outside the recommended response travel time from the nearest fire station. The proffered monetary contributions to mitigate level of service impacts are according to the Policy Guide For Monetary Contributions in effect at the time the application was filed. The applicant has proffered to sprinkle the multi-family units; however that is required. No additional mitigation is proposed despite the nearest station being overcapacity. Housing Yes The applicant has proffered a monetary contribution of $250 per dwelling unit to the Housing Preservation and Development Trust Fund. Libraries Yes The applicant has proffered LOS mitigation for impacts on library services in the form of a monetary contribution. REZ # PLN , Wellington Glen Page B-2

12 Attachment B - Staff Analysis Parks and Open Space Yes The applicant has proffered an off-site land dedication of approximately 71 acres within the service area and a monetary contribution of $250,000 in lieu of a monetary contribution to mitigate LOS impacts on Parks and Open Space. The value of the land to be dedicated as contracted by the applicant is well in excess of the value of the monetary contribution pursuant to the Guidelines for Monetary Contributions. Potable Water Yes The applicant is required to utilize public water and will be responsible for all costs for on-site and offsite facilities necessary to provide such service Schools Yes The applicant has proffered to make a monetary contribution in the amount of $3,492 per dwelling unit which is in accordance with Policy Guidelines in effect at the time of the application. Transportation Yes The applicant has proffered dedication of land for the planned interchange at Sudley Manor Drive and Route 234 Bypass, dedication of Sudley Manor Road and dedication for Rollins Ford Road to Vint Hill Road. The applicant has agreed to the provision of a bike lane on Sudley Manor Road. The spacing of proposed access onto Sudley Manor Drive between Route 234 Bypass and Wellington Road is not recommended under current standards. The applicant is requesting a credit for the above mentioned dedications toward the recommended monetary contribution and consideration of the excess value of the park land dedication toward the remaining shortfall.. REZ # PLN , Wellington Glen Page B-3

13 Attachment B - Staff Analysis Part II. Comprehensive Plan Consistency Analysis The following table summarizes the area characteristics (see maps in Attachment A): Direction Land Use Long-Range Future Land Use Plan Map Designation Zoning North Industrial/vacant land FEC, REC & ER A-1, M-1, M-2 South Small lot residential/multifamily residential/vacant land/industrial SRM, REC, EI & ER R-6, A-1, PMD, M-1 East Industrial/vacant land REC A-1, M-1 West Industrial/vacant land FEC & REC M-2, A-1 Long-Range Land Use Plan Analysis Through wise land use planning, the County ensures that landowners are provided a reasonable use of their land while the County is able to judiciously use its resources to provide the services is residents and employers need. The Long Range Land Use Plan sets out policies and action strategies that further the County s goal of providing a land use pattern that encourages fiscally sound development and achieves a high quality living environment. In addition to delineating land use designations on the Long Range Land Use Map, the plan includes recommendations relating to ensuring adequate land for economic development opportunities, providing for a diverse housing market, protecting against the encroachment of incompatible land uses, encouraging infill development within the Development Area, protecting environmentally sensitive lands, promoting mixed use development where appropriate, encouraging the provision of adequate public facilities for existing and planned development, preserving valuable open space and environmental resources, encouraging higher density development near existing and future transit facilities, and utilizing the sector planning process to provide more detailed recommendations where appropriate. The site is located in the Development Area of the County, and is classified Regional Employment Center (REC), Flexible Employment Center (FEC) and Environmental Resource (ER) on the Long Range Land Use Map. The following table summarizes the uses and densities intended within the REC, FEC and ER classifications: REZ # PLN , Wellington Glen Page B-4

14 Attachment B - Staff Analysis Long-Range Land Use Plan Classification Regional Employment Center (REC) Flexible Employment Center (FEC) Land Uses Intended The purpose of the Regional Employment Center classification is to provide for areas located close to and/or with good access from an interstate highway where intensive regional employment uses are to be located. REC projects* should be planned and developed in a comprehensive, coordinated manner. Primary uses in the REC are mid-rise and/or high-rise office (including government offices particularly those for Prince William County agencies), research and development facilities, lodging, and mixed-use projects. Retail, retail service and/or residential uses shall represent no greater than 25 percent of the total REC project area. Retail and retail service use(s) shall be so located within a building or on a site that their primary purpose is to support the needs of those employed within that REC project or living or working within the mixeduse building(s). Drive-in/drive-through uses are discouraged. Shared/structured parking is encouraged. The acceptable housing type within any mixed-use REC project is multifamily, at a density of dwelling units per gross acre, less the ER-, Environmental Resource-designated portion of a property. Development in REC projects shall occur according to a phasing plan, described in Action Strategy 31 of this chapter. The intent of the phasing plan is that mixed, employment and residential and/or retail uses shall be provided at every stage of the project s development. Office development in REC areas is encouraged to be in accordance with the Illustrative Guidelines for Office Development, provided as a supplement to the Community Design Plan chapter of the Comprehensive Plan and available from the Planning Office. A minimum office building height of 4-6 stories is preferred. * In all instances, a project or project area is defined as the boundary of a rezoning or special use permit request. The purpose of the Flexible Use Employment Center classification is to provide for areas of employment uses situated on individual sites or in campus-style parks. Primary uses in the FEC classification are light manufacturing, startup businesses, small assembly businesses, and office uses (including government offices, particularly those for Prince William County agencies). Retail and/or retail service uses shall be considered secondary uses and shall represent no greater than 10 percent of the total FEC project area. These retail/retail service uses shall be so located on a site that their primary purpose is to support the needs of those employed within that FEC project. Warehousing, wholesale, storage and/or distribution uses shall also be considered secondary uses within any FEC project. Outdoor storage shall also be considered a secondary use and shall be limited to no more than REZ # PLN , Wellington Glen Page B-5

15 Attachment B - Staff Analysis 10 percent of the land area of the FEC project. Within an FEC designated project, the more intense uses shall be located in the core of the area and the less intense uses (excluding outdoor storage) at the periphery, to act as a transition between the FEC project and adjacent areas designated or developed for different uses. Office development in FEC areas is encouraged to be in accordance with the Illustrative Guidelines for Office Development, provided as a supplement to the Community Design Plan chapter of the Comprehensive Plan and available from the Planning Office. Environmental Resource (ER) This classification is explained and defined in detail within the Environment Plan. Therein are located goals, policies, action strategies, and other Plan components designed to protect the sensitive nature of the identified resources. Environmental Resources include all 100-year floodplains as determined by the Federal Emergency Management Act (FEMA) Flood Hazard Use Maps or natural 100-year floodplains as defined in the Design and Construction Standards Manual and Resource Protection Areas (RPAs) as defined by the Chesapeake Bay Preservation Act. In addition, areas with 25 percent or greater slopes; areas with 15 percent or greater slopes in conjunction with soils that have severe limitations; soils with a predominance of marine clays; public water supply sources; and critically erodible shorelines and stream banks are considered environmental resources. While the Long-Range Land Use Plan Map ER designation does not currently depict all of these sensitive environmental resource areas, resource areas shall be added to the Long-Range Land Use Plan Map where studies have shown such addition to be appropriate. The subject site is approximately acres. The applicant is proposing a map amendment to Planned Mixed Development (PMD) and Office Flex O (F) to create an mixed-use development consisting of up to 624 multi-family dwelling units and either 1.2 million square feet of O(M), O(H), O(F) and M-2 uses and up to 400 hotel rooms or 1.43 million square feet of O(M), O(H), O(F) and M-2 uses. The proposed density of the non-residential development minus the environmental resource areas is about 0.30 FAR. This proposed density is low in a planning designation where 0.75 FAR is the targeted density. The ratio of the mix is consistent with the intent of the REC classification where 25% can be residential and/or retail and 75% should be employment. The location of the requested O(F) zoning in Parcels A and B to implement FEC and the location of the requested PMD, Urban Residential zoning in Parcel C to implement REC has been interpreted by staff as consistent in light of the residential uses to the south of the development adjacent to Parcel C. Within the REC classification, phasing is used to ensure that office, employment and lodging uses are the primary uses within the area rezoned. The project includes a phasing plan that includes the construction of a 40,000 square foot nonresidential shell building, and the provision REZ # PLN , Wellington Glen Page B-6

16 Attachment B - Staff Analysis of necessary infrastructure in Parcel J and street construction in Parcels F and G prior to the issuance of approximately half of the residential building permits for the development. Proposal s Strengths Zoning Consistency - The PMD and Office Flex zoning districts generally implement the REC and FEC classifications. Proposal s Weaknesses Land Use Inconsistency - The specified classification of O(F) is not compatible with PMD in Land Bays F, I, J and K, and the M-2 classification is not compatible with REC in Land Bay J. Phasing The phasing does not establish the primary employment uses of the FEC and REC classifications. As proposed, the applicant will be allowed to develop the majority of the residential uses before providing a shell building of 40,000 square feet and the infrastructure to develop Parcels F, G, and J. Uses - The applicant has not proffered to exclude stand alone retail uses or drive-in/drivethrough uses, as would be consistent with the intent of the REC classification. No limitations on outdoor storage or retail/retail service uses are proffered. On balance, this application is found to be inconsistent with the relevant components of the Long-Range Land Use Plan. Community Design Plan Analysis An attractive, well-designed County will attract quality development, instill civic pride, improve the visual character of the community, and create a strong, positive image of Prince William County. The Community Design Plan sets out policies and action strategies that further the County s goals of providing quality development and a quality living environment for residents, businesses and visitors, and creating livable and attractive communities. The plan includes recommendations relating to building design, site layout, circulation, signage, access to transit, landscaping and streetscaping, community open spaces, natural and cultural amenities, stormwater management, and the preservation of environmental features. The Plan also includes Illustrative Design Guidelines for Office Development, outlining the various elements of quality office design and providing examples of high quality building and site design. The plan also includes Illustrative Gateway/Corridor Design Guidelines that recommend streetscaping elements (architecture, landscaping, signage, lighting, street furnishings, and pedestrian connections) to be incorporated into projects within the five gateways and corridors. REZ # PLN , Wellington Glen Page B-7

17 Attachment B - Staff Analysis The applicant has proffered substantially to the site layout shown in the illustrative plan. Development Design Guidelines providing architectural elevations, landscaping and overall design for the property were provided as a part of the application and are proffered. The guidelines contain some language that would provide limited flexibility at time of site plan. Proposal s Strengths Design Guidelines - The applicant has proffered design guidelines including building elevations, site design and landscaping consistent with the Illustrative Design Guidelines for Office Development. Site Layout The applicant has proffered to develop the site in substantial conformance with the illustrative plan specifically as relates to Parcel C and areas adjacent to Wellington Road and Hornbaker Road. Perimeter Buffers The applicant has proposed appropriate buffers around the majority of the perimeter of the development and along the major thoroughfares. Parking The applicant has proffered that the location of the majority of the parking will be behind or beside the proposed buildings as recommended in the Plan. Proposal s Weaknesses Site Layout Although the applicant has proffered to develop the project in substantial conformance with the illustrative plan, there is some exceptional language to provide flexibility to meet future tenant s needs which could change the ultimate layout. Waivers from Buffers The applicant requested several waivers from the buffer requirements specifically between Parcel C and E, around a portion of the perimeter of Parcels F and G and adjacent to major utility easements. Staff does not believe these requests were sufficiently justified. On balance, this application is found to be consistent with the relevant components of the Community Design Plan. Cultural Resources Plan Analysis Residents of and visitors to Prince William County are aware of the important links of the County today with the rich heritage of the past because of the preservation and enhancement of our cultural resources. The Cultural Resources Plan sets out policies and action strategies that further the County s goal of identifying and protecting our historical, archaeological, architectural and cultural resources, including those significant to our minority community, for the benefit of citizens and visitors. The plan includes recommendations relating to the identification of assets, preservation through the use of federal, state, local, and private REZ # PLN , Wellington Glen Page B-8

18 Attachment B - Staff Analysis initiatives, mitigation of negative impacts, and public education/awareness programs. Land use applications should include appropriate records review for prehistoric and historical resources, as well as Phase I, II, and III level archaeological studies as appropriate. Phase I studies are generally required at submission of rezoning and special use permit applications for significant prehistoric/historic sites and cemeteries and for sites within historic resource management overlays. Phase II and III studies may also be required. Records research is required of all applicants for rezoning, special use permit, Comprehensive Plan amendment, and public facilities review applications. The applicant has proffered to provide a Phase I study and if necessary Phase II and Phase II studies. Proposal s Strengths Archaeological Survey The applicant has proffered to do a Phase I archaeological study on Land Bays I, J and K and if determined to be appropriate Phase II and III studies at time of sketch plan submission. Cemetery The applicant has proffered to conduct a cemetery delineation on Land Bays F and G at time of sketch plan submission Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Cultural Resources Plan. Economic Development Plan Analysis An enhanced, diverse nonresidential tax base creates quality jobs, allowing people to live, work and recreate in Prince William County. The Economic Development Plan sets out policies and action strategies that further the County s goal of attracting and fostering the growth of environmentally sound industries to create quality jobs and diversify the nonresidential tax base, creating a climate where citizens can live and work in Prince William County. The plan includes recommendations relating to business attraction, retention and expansion, the provision of adequate infrastructure, redevelopment of less competitive areas, telecommuting and other information-age opportunities, and recognition of tourism as an industry. This proposal includes 1.2 million square feet of O(M), O(H), O(F) and M-2 uses and 400 hotel rooms or an additional 230,0000 square feet O(M), O(H), O(F), and M-2 space in lieu of the hotel rooms. This will ultimately provide a benefit to the County in terms of bolstering the nonresidential tax base; however, the timing of the majority of non-residential development is not proffered. As such, the establishment of the primary employment uses before build out of the secondary residential uses in accordance with a phasing plan that meets the phasing guidelines of REZ # PLN , Wellington Glen Page B-9

19 Attachment B - Staff Analysis the Comprehensive Plan does not occur. The proposed phasing does provide for development of the infrastructure for the employment uses earlier in the development of the property. Proposal s Strengths Office Development - The 1,200,000 square feet office/employment space proffered with this development provides space for potential employment uses in the County that would enhance the non-residential tax base. While no significant phasing of the employment uses is provided for, the infrastructure for the non-residential uses in Parcels F, G and J would be developed early in the development of the property. Proposal s Weaknesses Phasing There is no meaningful commitment to actually develop the office/employment space in a specified time frame. On balance, this application is found to be inconsistent with the relevant components of the Economic Development Plan. Environment Plan Analysis Prince William County has a diverse natural environment, extending from sea level to mountain crest. Sound environmental protection strategies will allow that natural environment to co-exist with a vibrant, growing economy. The Environment Plan sets out policies and action strategies that further the County s goal of preserving, protecting and enhancing significant environmental resources and features. The plan includes recommendations relating to the incorporation of environmentally sensitive development techniques, improvement of air quality, identification of problematic soil issues, preservation of native vegetation, enhancement of surface and groundwater quality, limitations on impervious surfaces, and the protection of significant viewsheds. An ECA was submitted with the rezoning application identifying three perennial streams on the subject site. About 16 percent of the site (approx. 30 acres) is mapped as Resource Protection Area (RPA) pursuant to the field verification with PASA # , and therefore Environmental Resource on the Chesapeake Bay Preservation Area overlay maps. Fifty-foot wide (on each side) buffers are recommended along the intermittent streams on the site. Topography is generally as follows: About one percent of this site contains slopes 15 to 25 percent or slopes greater than 25% (approx. 1 acre). This site is located in Subwatershed #262 and 264 which flow into Dawkins Branch and an unnamed tributary of Broad Run. According to the Prince William County Soil Survey (August 1989) the predominant soils mapped on this site in the expansion area are: 4B - Arcola silt loam, 13B Catlett-Sycoline, 53B - Sycoline-Kelly and 30B - Jackland silt loam. The 13B, 53B and 30B soil types are considered to be poorly suited for building development with high shrink swell potential and require special engineering considerations. REZ # PLN , Wellington Glen Page B-10

20 Attachment B - Staff Analysis With regard to surface water drainage, a potential SWM/BMP facility location is identified in the lower reaches of one of the streams in Parcels I and K and should be removed from that area. Disturbance of streams for stormwater management facilities is not supported. The submitted plans also show Street A crossing an RPA. A Water Quality Impact Analysis should be conducted as relates to this crossing. Proposal s Strengths Monetary Contribution - The applicant has proffered to contribute $75.00 per acre for water quality monitoring. Protected Open Space - The proposed development would be outside the most environmentally sensitive areas along the perennial stream and areas containing steep slopes and highly erodible soils along the stream. Wetlands The majority of the wetlands on-site will be protected as part of the RPAs. Proposal s Weaknesses Protection of Intermittent Streams and Associated Wetlands An undisturbed 50-foot wide natural buffer along intermittent streams and associated wetlands is encouraged in the Environment Plan of the Comprehensive Plan. This has not been provided by the applicant along all such streams on Parcel A and between Parcels J and I. It should be noted that the latter wetland is encumbered with a gas pipeline easement. Appropriate permits will be required to disturb wetland areas. On balance, this application is found to be consistent with the relevant components of the Environment Plan. Fire and Rescue Plan Analysis Quality fire and rescue services provide a measure of security and safety that both residents and businesses have come to expect from the County. The Fire and Rescue Plan sets out policies and action strategies that further the County s goal of providing timely response to fire, medical, hazardous material and natural disaster emergencies. The Plan includes recommendations relating to equipment and facility needs to meet desired levels of service and encouraging the use of fire and safety features beyond the minimum required by the Virginia Uniform State Building Code. REZ # PLN , Wellington Glen Page B-11

21 Attachment B - Staff Analysis The subject site is located within an urban/suburban portion of the Development Area, as indicated by the REC and FEC classifications. Such areas are expected to have a maximum response time for fire and rescue services of 4 minutes. The site is also traversed by two gas pipelines, which pose special considerations for fire and rescue services. The applicant is proposing several large buildings and residential buildings 54 feet in height. This site is closest to Station #11, Stonewall Jackson Fire and Rescue, with an estimated response time of 4.9 minutes. Because of the response time in excess of the desired standard, proximity of the gas pipelines and the large residential structures being proposed, the Fire Marshall s Office has questioned the degree of mitigation offered by the applicant. The applicant has proffered to provide a fire suppression sprinkler system; however, this system is required under code for the proposed multi-family residential development. Proposal s Strengths Level of Service - The applicant has proffered to provide monetary contributions for the residential and non-residential components of the development in accordance with the Guidelines for Monetary Contributions in effect when the application was submitted. Proposal s Weaknesses Response Time and Station Capacity The development is outside the recommended response time, and the closest station exceeds capacity which could adversely affect response time. On balance, this application is found to be inconsistent with the relevant components of the Fire and Rescue Plan. Housing Plan Analysis Prince William County is committed to clean, safe and attractive neighborhoods for all its residents, and the elimination of neighborhood blight and substandard housing. The Housing Plan sets out policies and action strategies that further the County s goal of identifying locations and criteria for the provision of diverse housing opportunities for all segments of our population and to promote economic development. The plan includes recommendations relating to neighborhood preservation and improvement, affordable housing, special needs housing, and public/private partnerships to address housing needs. To assist in the need for affordable housing in Prince William County, the applicant has proffered a monetary contribution of $ 250 per residential unit to the Housing Preservation and Development Trust Fund. Proposal s Strengths Monetary Contribution - The applicant has proffered a monetary contribution of $250 per residential unit to the Housing Preservation and Development Trust Fund in accordance with the recommended amount. REZ # PLN , Wellington Glen Page B-12

22 Attachment B - Staff Analysis Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Housing Plan. Library Plan Analysis Access to a variety of information is a valuable service provided by the County. The Library Plan sets out policies and action strategies that further the County s goal of providing adequate library facilities and information resources to our residents. The plan includes recommendations relating to siting criteria, appropriate levels of service, and land use compatibility. The library nearest the proposed project area is the Bull Run Regional Library located at 8051 Ashton Avenue. There are no plans to build a new library in this service area. Development as proposed will generate a need for capital expenditures of $139, ($ per unit x 624 multi-family units). Proposal s Strengths LOS - The applicant has proffered to contribute $224 per multi-family dwelling to mitigate impacts on Fire and Rescue services according to the Policy Guide for Monetary Contributions in effect at the time the application was submitted. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Library Plan. Parks and Open Space Plan Analysis Parks provide needed recreational outlets for County residents and visitors and preserve trees and green space, making the County more attractive to those who live, work and play here. The Parks and Open Space Plan sets out policies and action strategies that further the County s goal of providing a recreation system with sufficient quantity, quality and variety for our citizens, and maintaining the facilities within that system to the degree required for its effectiveness. The Plan includes recommendations relating to the size, type and number of parks, trails and greenways, and siting criteria. REZ # PLN , Wellington Glen Page B-13

23 Attachment B - Staff Analysis The proposed development is near the following park facilities: Type Neighborhood Park Community Park Regional Park Special Use Facility Greenway/Trail Name None Freedom Center James S. Long Regional Park/ Ben Lomond Regional Park/Splashdown Waterpark Prince William Golf Course/General s Ridge Golf Course None Development of the site as proposed will generate a need for an additional acres of public parkland and capital cost expenditures of approximately $1,033, The applicant has proposed a monetary contribution of $250,000 to address the LOS impacts. In addition, an offsite land dedication of approximately 80 acres, of which 71.4 acres will be used for public park purposes and 8.6 acres is to provide right of way for the extension of Rollins Ford Road to Vint Hill Road. The value of the Wiita property (GPIN and ), which has been proffered to be dedicated to the County, is based on the contract purchase for the property at $30,000 per acre. Application of this value to 71.4 acres of the Wiita acreage would establish its value for parks and open space at $2,142,000. This value is above the value of expected monetary contributions for Parks and Open Space. Proposal s Strengths Level of Service - The applicant has proposed an off-site park dedication of 71.4 acres and a monetary contribution that exceed the recommended contribution under the applicable Policy Guide for Monetary Contributions at the time the application was submitted. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Parks and Open Space Plan. Potable Water Plan Analysis A safe, dependable drinking water source is a reasonable expectation of County residents and businesses. The Potable Water Plan sets out policies and action strategies that further the County s goal of providing an economically and environmentally sound drinking water system. The plan includes recommendations relating to system expansion, required connections to public water in the Development Area, and the use of private wells or public water in the Rural area. REZ # PLN , Wellington Glen Page B-14

24 Attachment B - Staff Analysis The site is designated Regional Employment Center and Flexible Employment Center, and is within the Development area. As such, the applicant will be required to connect to public water, bearing all associated expenses. Public water is available to the subject site, but requires construction of off-site facilities. Public water exists as a 16-inch main along Hayden Road and along Wellington Road west of Hayden Road. Another 16-inch main exists along Wellington Road to and along Hornbaker Road. 12-inch stub outs towards the property exist in Hornbaker Industrial Park. A 12-inch main has also been stubbed out toward the property by the Independence development. The Service Authority has stated the owner/developer shall construct the following major water mains in the course of development of the subject property at no cost to the Service Authority: 1) A 16-inch water main from the existing 16-inch main at Hornbaker Road running roughly parallel to Wellington Road to the existing 16-inch main in Hayden Road. 2) A 16-inch water main roughly paralleling the proposed extension of Sudley Manor Drive from the existing 16-inch main in Hayden Road or the 16-inch main in #1 above southward to the common property line with University Village near the proposed Sudley Manor Drive for future extension by the developers of University Village. 3) A major water main loop closure (minimum 12-inch diameter from the existing 16-inch main stub out from Independence on Wellington Road to the 12-inch stub out from Independence near the south east property corner of the subject property. 4) Additional water main construction may be required in order to provide required fire protection hydrant coverage and fire flows. Proposal s Strengths Potable Water - The site will be developed using public water with the applicant responsible for all associated costs. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Potable Water Plan. Schools Plan Analysis A high-quality education system serves not only the students and their families, but the entire community by attracting employers who value educational opportunities for their employees. The Schools Plan sets out policies and action strategies that further the County s goal of providing quality public education to our school-aged population. The plan includes recommendations relating to facility size and location, siting criteria, compatible uses, and community use of school facilities. REZ # PLN , Wellington Glen Page B-15

25 Attachment B - Staff Analysis The proposed 624 multi-family dwelling units shown on the plan are projected to generate the following numbers of students: Elementary School, grades K Middle School, grades High School, grades TOTAL 183 Students in the proposed development will likely be assigned to the following schools: Type Elementary School Middle School High School Name Ellis Elementary Bull Run Middle Stonewall High Proposal s Strengths Level of Service - The applicant has proffered a monetary contribution to mitigate the impacts on level of service for schools in an amount consistent with the Policy Guide for Monetary Contributions in effect at the time the application was accepted. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Schools Plan. Sewer Plan Analysis Appropriate wastewater and sanitary facilities provide needed public health and environmental protections. The Sewer Plan sets out policies and action strategies that further the County s goal of providing an economically and environmentally sound sanitary and stormwater sewer system. The plan includes recommendations relating to system expansion, required connections to public sewer in the Development Area, and the use of either private or public sewer systems in locations classified as Suburban Residential Rural (SRR), as well as the Rural area. Public sewer is available to the site and exists in both the Independence and Hornbaker Industrial Park developments. Small portions of the subject site may be served by extensions of these existing mains. However, the main portion of the subject property will require extension of a trunk sewer line through the University Village development to the subject property. This extension must be sized for the sewer shed and extended to connect with the existing gravity sewer at the Bethlehem Assembly Sewage Pumping Station. REZ # PLN , Wellington Glen Page B-16

26 Attachment B - Staff Analysis The owner/developer shall provide the following sewer facilities at no cost to the Service Authority: 1) The trunk sewer extension from the existing Bethlehem Assembly Sewage Pumping Station down to the trunk sewer extension in University Village. This sewer main shall be sized for the sewer shed. Should the trunk sewer not be in place in the University Village development at the time of construction of Wellington Glen, the owner/developer of Wellington Glen shall be responsible for the construction of this off-site sewer. However, the off-site portion of the downstream sewer shall be subject to reimbursement under the Service Authority s Master Utility Adjustment Policy. The owner/developer of Wellington Glen shall be responsible for making the connection to the existing sewer at Bethlehem Assembly Sewage Pumping Station to facilitate the removal of that pumping station from service. 2) The owner/developer shall provide a 30-foot wide sanitary sewer easement on the development side of the proposed buffer parallel to the southeastern property line by Land Bays J and K from Hornbaker Road to the common property line with the University Village development project. This easement is for the construction of a 36-inch sanitary sewer force main by the Service Authority as a part of the upgrade/replacement of the Linton Hall Sewage Pump Station. This new sewage pumping station will provide sewer service to the Wellington Glen development project. This easement will be required prior to the development of the subject property and must be shown on the Illustrative Plans for the Rezoning. Proposal s Strengths Public Sewer - The site will be developed using public sewer systems, with the applicant responsible for all associated costs. Sewer Easements - The applicant has proffered to provide the necessary easements for the mains to serve this site. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Sewer Plan. REZ # PLN , Wellington Glen Page B-17

27 Transportation Plan Analysis Attachment B - Staff Analysis By providing a multi-modal approach to traffic circulation, Prince William County promotes the safe and efficient movement of goods and people throughout the County and surrounding jurisdictions. The Transportation Plan sets out policies and action strategies that further the County s goal of providing a complete, safe and efficient multi-modal circulation system that includes sufficient capacity to meet the demands placed upon it. The plan includes recommendations relating to improving existing service levels, increasing capacity of the existing system, minimizing negative impacts to environmental and cultural resources, supporting targeted industries and major activity centers, exploring innovative funding mechanisms, promoting regional approaches to transportation issues, and promoting transit opportunities. At a minimum, projects should include strategies that result in a Level of Service (LOS) of D or better on all roadways, the dedication of planned rights-of-way, the provision of pedestrian pathways, and access to mass transit and other commuter facilities, as appropriate. The applicant has proposed development of this site which is traversed by Wellington Road extended and Sudley Manor Drive. Hornbaker Road fronts a portion of the eastern end of the site, and Hayden Road fronts a portion of the northeast end of the site. The site also includes land for the anticipated interchange at Sudley Manor Drive and Route 234 Bypass. Access is being proposed to the site from various locations along Wellington Road, Hornbaker Road, Hayden Road, Sudley Manor, and from an interparcel connection in the Hornbaker Industrial Park. An interparcel connection is proffered to Mike Garcia Drive to the south from an internal street. The applicant has proffered dedication of right-of-way for Sudley Manor Drive and a future interchange at the Route 234 By-pass and Sudley Manor Drive as well as dedication of 8.6 acres on the Wiitta property for the connection of Rollins Ford Road to Vint Hill Road. The applicant has requested credit for these dedications. Although not typically granted in the case of Sudley Manor Drive, this site does not depend on Sudley Manor Drive for primary access and the secondary access to Sudley Manor Drive could be closed without eliminating access to any part of this development. In light of this circumstance, staff has determined credit for the dedication is acceptable. REZ # PLN , Wellington Glen Page B-18

28 Attachment B - Staff Analysis Proposal s Strengths Level of Service - The applicant has proffered road dedications for Sudley Manor Road, the Route 234 By-pass/Sudley Manor Drive interchange and Rollins Ford Road which are valued at $1,044,530. This credit amount falls short of the recommended monetary contribution of for 624 multi-family dwellings, which, at the time of submittal, would be $1,907,568. However, the excess value of the off-site park and open space dedication of the Wiita property far exceeds the transportation shortfall, and staff believes the entire proffer package meets and exceeds the net impact of this development. Bike Trails - The applicant has been requested to provide a bike trail along Sudley Manor Drive, but no trail has been proffered or shown on the MZP. Proposal s Weaknesses Intersection Spacing The applicant has shown and proffered to provide access to Sudley Manor Drive which does not meet the spacing standards under the DCSM. Interparcel Connections The applicant has not shown or proffered to an interparcel connection with the Smith-Peete property to the southwest. On balance, this application is found to be consistent with the relevant components of the Transportation Plan. REZ # PLN , Wellington Glen Page B-19

29 Materially Relevant Issues Attachment B - Staff Analysis This section of the report is intended to identify issues raised during the review of the proposal which are not directly related to the policies, goals, or action strategies of the Comprehensive Plan, but which are materially relevant to the County s responsibilities in considering land use issues. The materially relevant issues in this case are as follows: Safety and Security Measures - The Police Department has recommended safety and security measures that should be incorporated into the design of the site (refer to memorandum in case file). Geotechnical Study - Some soils mapped on this site are considered poorly suited for building development; the applicant will be required to submit a geotechnical study during site plan review. Minimum Design Criteria - The following minimum design criteria were noted by staff and other agencies that have reviewed the proposal. The development proposal will be reviewed for compliance with all minimum standards at the time that the applicant submits detailed site development information prior to the issuance of construction permits. The listing of these issues is provided to ensure that these concerns are a part of the development record. Such issues, however, are more appropriately addressed during the site plan review: - Street Lighting - The applicant shall provide downward facing street lighting at the principal access points to the site, if deemed necessary by the Department of Public Works, Transportation Division, at the time of final site plan review. Wetlands The MZP shows disturbance of two small wetland areas associated with intermittent streams on-site. The applicant will need to obtain the necessary state and federal permits to disturb these areas. REZ # PLN , Wellington Glen Page B-20

30 Attachment B - Staff Analysis Agency Comments The following agencies have reviewed the proposal and their comments have been summarized in relevant chapters of the Comprehensive Plan in this report. Individual comments are in the case file in the Office of Planning. Fire and Rescue Historical Commission Housing and Community Development Library Park Authority Police Public Works, Environmental Services Public Works, Transportation School Board Service Authority Long-Range Planning, Urban Design VDOT REZ # PLN , Wellington Glen Page B-21

31 Attachment C Proffer Statement dated October 12, 2005 PROFFER STATEMENT RE: Applicant/Record Owner: Thomas D. Larkin, Jr. and Wachovia Bank, N.A., Successor Trustee Contract Purchaser:Neil K. Reinhard (as to a portion) Property: G.P.I.N Brentsville Magisterial District Acres A-1, Agricultural to PMD, Planned Mixed Use District (PMD) 15.0 Acres A-1, Agricultural to O(F), Office Flex Date: October 12, 2005 The undersigned hereby proffers that the use and development of the subject Property shall be in strict conformance with the following conditions. In the event the above referenced rezoning is not granted as applied for by Applicant, these proffers shall be withdrawn and are null and void. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. Any improvements proffered herein below shall be provided at the time of development of the portion of the site served by the improvement, unless otherwise specified. The terms "Applicant" and "Developer" shall include all future owners and successors in interest. References in this Proffer Statement to plans and exhibits shall include the following: 1. Master PMD Zoning Plan/General Development Plan Wellington Glen, prepared by Burgess & Niple, consisting of the following sheets: a. Master Zoning Plan and Generalized Development Plan (sheet 1 of 5) ("Land Use Plan"), dated September 24, 2003, last revised September 22, 2005 b. Transportation & Utility Plan (sheet 3 of 5) ("Transportation Plan"), dated September 24, 2003, last revised September 22, 2005 c. Open Space and Buffer Plan (sheet 4 of 5) ("Open Space Plan"), dated September 24, 2003, last revised September 22, Illustrative Plan Wellington Glen, prepared by Burgess & Niple and dated September 24, 2003, last revised May 24, 2005 ("Illustrative Plan"). 3. Wellington Glen Development Design Guidelines, dated November 22, 2004 ("Design Guidelines") Page C-1

32 Attachment C Proffer Statement dated October 12, 2005 TRANSPORTATION 1. Sudley Manor Drive a. The Applicant shall reserve and dedicate, at no cost to Prince William County ( County ) or the Virginia Department of Transportation (VDOT), right of way required up to a maximum of one hundred eighteen feet (118') in width plus temporary and permanent construction, grading and slope maintenance easements and additional right of way as necessary for turn lanes through the Property in the location substantially as shown on the Transportation Plan. Said dedication shall be made at the time of final site/subdivision plan for that portion of the Property located adjacent to said right of way. In the event the dedication is requested prior to the processing of a site/subdivision plan for the Property, the Applicant shall not be responsible for the preparation or processing of plans, plats, deeds and related documents necessary for said dedication. b. The Applicant shall reserve and dedicate, at no cost to the County or VDOT, right-of-way consisting of approximately 6.5 acres for an urban diamond interchange at Sudley Manor Drive and the Prince William Parkway/Route 234 Bypass as substantially shown on the Transportation Plan. In the event the County or VDOT determines at any time in the future that said right-of-way will not be used for interchange purposes, the County (or VDOT) shall convey back to the Applicant said 6.5 acres if it has been dedicated to the County (or VDOT) and the Applicant shall be allowed to develop said property in accordance with the applicable zoning at the time or as it may be modified and the Applicant shall have no further obligation with reference to the reservation and dedication of right-of-way for interchange purposes. Said dedication shall be made at the time of final site/subdivision plan for the portion of the Property abutting this 6.5 acres. In the event that the dedication is requested by the County prior to the processing of a site/subdivision plan for portions of the Property which abut the area targeted for the urban diamond interchange, the Applicant shall not be responsible for the preparation or processing of plans, plats, deeds and related documents necessary for said dedication. 2. Wellington Road a. Crossover locations on Wellington Road along the frontage of the Property shall be as substantially shown on the Transportation Plan. With reference to the location of the crossover at the intersection of Street E and Wellington Road, it is specifically acknowledged by the Applicant that said intersection may be less than the desired spacing requirement from the intersections of Sudley Manor Drive and Hornbaker Road and, therefore, the location of said crossover shall be subject to review and approval by Prince William County and VDOT at the time of site plan. Page C-2

33 Attachment C Proffer Statement dated October 12, 2005 b. Within existing right of way, the Applicant shall construct improvements to existing Wellington Road to provide a 4-lane divided roadway with sidewalk or trail as shown on the Transportation Plan from Hornbaker Road to a transition to the existing two lane roadway at the northwestern boundary of the Property. Turn lanes shall be constructed at the intersections along the said section of Wellington Road as required in accordance with applicable County and VDOT regulations, or as otherwise approved by the Department of Public Works. Said improvements shall be bonded prior to the issuance of a building permit for the first residential unit to be constructed on the Property and shall be completed in that it shall be open for public use prior to the issuance of a building permit that results in the generation of the 7,000 th cumulative vehicle trip per day (vpd) from the Property, subject to reasonable traffic control measures to accommodate ongoing development of the Property. Compliance with this proffer shall require the Applicant to provide on each final site plan a tabulation of the cumulative vpds based on all approved final plans for the Property. c. If requested by the County and VDOT at the time of final site/subdivision plan review or at the time of completion of development of the Property, the Applicant shall conduct a traffic signal warrant study for each entrance at a crossover on Wellington Road along that portion of the frontage of the Property reflected on each such plan and shall submit said study to the County and VDOT for review and approval. This obligation set forth herein shall not apply to Parcels J and K. In the event the warrant study concludes that a traffic signal is warranted at an intersection, and if so requested by the County and VDOT, the Applicant shall be responsible for the provision and installation of said signal, at no cost to the County or VDOT. In the event said signal is not warranted, the Applicant shall have no further obligation with reference to said signalization. All such traffic signals installed by the Applicant shall be synchronized Hornbaker Road a. The Applicant shall reserve and dedicate, at no cost to Prince William County or the Virginia Department of Transportation (VDOT), right of way required up to a maximum of forty-six feet (46') from the existing centerline of Hornbaker Road across the frontage of the Property plus temporary and permanent construction, grading and slope maintenance easements and additional right of way as necessary for turn lanes at the entrance to the Property. Said dedication shall be made at the time of final site/subdivision plan for that portion of the Property located adjacent to said right of way. In the event the dedication is requested prior to the processing of a site/subdivision plan for the Property, the Applicant shall not be responsible for the preparation or processing of plans, plats, deeds and related documents necessary for said dedication. b. At the time the connection is made to Hornbaker Road from the Property, the Applicant shall construct a half section of a 4-lane undivided roadway (MC-1, Page C-3

34 Attachment C Proffer Statement dated October 12, 2005 Cat. V1) across the frontage of the Property plus turn lanes as required in accordance with applicable County and VDOT regulations, or as otherwise approved by the Department of Public Works. c. If requested by the County and VDOT at the time of final site/subdivision plan for Parcel J or at the time of completion of development of the Property, the Applicant shall conduct a traffic signal warrant study for the intersection of Hornbaker Road and Street G (Parcel J) and shall submit said study to the County and VDOT for review and approval. This obligation set forth herein shall apply only to Parcels J and K. In the event the warrant study concludes that a traffic signal is warranted at said intersection, and if so requested by the County and VDOT, the Applicant shall be responsible for the provision and installation of said signal, at no cost to the County or VDOT. In the event said signal is not warranted, the Applicant shall have no further obligation with reference to said signalization. 4. With the approval of VDOT and the County, at the time a site plan is submitted for Parcel A, the existing tie-in of Hayden Road to Wellington Road shall be constructed as a culde-sac by the Applicant or eliminated altogether with primary access being provided via a relocated Hayden Road through Parcel A, as shown on the Transportation Plan. 5. The on-site road network shall be provided as generally shown on the Transportation Plan. Said roadways shall be constructed at the time the adjacent Parcels are developed. 6. The Applicant shall provide for a public street connection from Parcel J to the Hornbaker Industrial Park property to connect to Mike Garcia Drive. 7. The Applicant shall dedicate, and convey in fee simple, to the Prince William Board of County Supervisors, at no cost to the County, approximately 80 acres of land identified as Parcel B as generally shown on the exhibit entitled "Exhibit Wiita at Vint Hill", prepared by Burgess & Niple, Inc. and dated March 22, 2005 ("Wiita Property Exhibit"), attached hereto and incorporated herein by reference (also being identified as portions of GPINs and ), a portion of which is to be used for right of way for Rollins Ford Road between the existing committed right of way and Vint Hill Road. Said dedication shall be made no later than six months following Final Rezoning of the Property by the Board of County Supervisors as applied for by the Applicant. "Final Rezoning", as the term is used herein, shall be defined as that zoning which is in effect on the day following the last day upon which the Prince William Board of County Supervisors' decision granting the rezoning may be contested in the appropriate court or, if contested, the day following entry of a final court order affirming the decision of the Board of Supervisors which has not been appealed, or if appealed, the day following which the decision has been affirmed on appeal. Page C-4

35 Attachment C Proffer Statement dated October 12, If during the course of development of the Property, it is determined by the operator of the intra- or inter-county bus system that the Property is an appropriate location for a bus stop, the Applicant shall construct a bus shelter on the Property conforming to the applicable transit company standards at a location acceptable to the Applicant and to the bus system operator for the use of the patrons of the bus system. The Applicant shall contact a representative of the applicable transit company at the time a preliminary plan is filed to determine whether a bus shelter shall be located on the Property and, if so, the appropriate location shall be identified on the applicable final plan. Confirmation from the transit company operator shall be provided with the preliminary plan noting the location of the bus shelter, if applicable. USES AND SITE DEVELOPMENT 9. Development of the Property will be in substantial conformance with the Land Use Plan. The exact boundaries and acreage of each Parcel within the PMD may be increased or decreased at the time of site plan/subdivision, not to exceed ten percent (10%) of the gross area of the larger Parcel impacted by each such change. 10. The maximum number of residential units constructed on the Property shall not exceed 624 units and all such units shall be multi-family. 11. The applicant shall construct a minimum of 40,000 square feet of nonresidential gross floor area (gfa) prior to the issuance of a building permit for a multi-family building that results in the cumulative 326 th residential unit. For the purposes of interpreting this proffer, construction of nonresidential gfa shall mean a building under roof with the exterior building skin in place. 12. Prior to the issuance of the building permit for the 326 th cumulative residential unit on the Property, the Applicant shall construct infrastructure in Parcel J in order that Parcel J is available for immediate nonresidential development, said improvements to include, at a minimum, construction of Streets F and G and construction of the water and sanitary sewer improvements to serve Parcel J. The Applicant shall file plans for the said infrastructure improvements to be provided in Parcel J no later than with the first final plan for residential units on the Property. 13. The Applicant shall have the right to construct retail commercial uses on the Property in accordance with the use and development parameters of the respective zoning classifications but in no event shall the maximum retail commercial component be greater than ten percent (10%) of the gross floor area (gfa) of the cumulative nonresidential gfa constructed on the Property at any time. Page C-5

36 Attachment C Proffer Statement dated October 12, 2005 COMMUNITY DESIGN 14. All development on the Property shall be in substantial conformance with the design concepts and details set forth in the Design Guidelines. The building layout for the residential development in Parcel C shall be substantially as shown on the Illustrative Plan (as opposed to the Illustrative Layout Plan contained in the Design Guidelines) subject to modifications required to accommodate stormwater management facilities within said Parcel. Notwithstanding, the building layout and configuration in the nonresidential areas as depicted on the Illustrative Plan may be modified to accommodate specific users but in no event shall the layout and configuration on those portions of the Parcels located immediately adjacent to Wellington Road and Hornbaker Road result in more than fifty percent (50%) of the parking being located between the Wellington Road and Hornbaker Road frontages and the buildings. 15. The Applicant shall create covenants, conditions and restrictions to coordinate development within each Parcel, which include such items as architectural controls, signage, building materials, lighting and landscaping, all in accordance with the Design Guidelines. Association(s) or other identifiable single entity (i.e., owner) shall be formed to oversee the on-going management and maintenance of property within each Parcel, including landscaping and maintenance of common areas. 16. Applicant shall provide a pedestrian network, consisting of sidewalks or trails along streets within each Parcel and additional pedestrian connections between Parcels. The pedestrian connections may vary in width, but shall be a minimum of four feet in width. All pedestrian links shall consist of materials appropriate to serve their function and the character of the area, and shall be designed and constructed at the time each Parcel, or portion thereof, is developed. 17. Subject to approval by Prince William County, the Applicant shall provide a streetscape along the Sudley Manor Drive and Wellington Road frontages of the Property in accordance with the following and as more particularly shown on the Open Space Plan: a. A landscape area a minimum of sixty feet (60') in width from the existing edge of right of way on the south side of Wellington Road along the frontage of the Property, with the exception of the areas encumbered by the Transcontinental Gas Pipe Line Easement and Resource Protection Area ("RPA"). Within said landscape area, trees shall be planted at a rate of one tree every fifty feet (50') with lower shrubbery interspersed among the trees and existing vegetation shall be retained in the areas encumbered by the said easements and RPA. b. A landscape area a minimum of fifty feet (50') in width from the existing edge of right of way on the north side of Wellington Road along the frontage of Parcels A, B and F, with the exception of the areas encumbered by the GTE Easement and Page C-6

37 Attachment C Proffer Statement dated October 12, 2005 RPA. Within said landscape area, trees shall be planted at a rate of one tree every fifty feet (50') with lower shrubbery interspersed among the trees and existing vegetation shall be retained in the areas encumbered by the said easements and RPA. c. A landscape area a minimum of thirty feet (30') in width from the edge of right of way along the Sudley Manor Drive frontages of the Property, with the exception of the areas encumbered by the Transcontinental Gas Pipe Line Easement and RPA. Within said landscape area, trees shall be planted at a rate of one tree every fifty feet (50') with lower shrubbery interspersed among the trees and existing vegetation shall be retained in the areas encumbered by the said easements and RPA. 18. Landscaping provided on the Property shall include drought resistant and native species appropriate to the location and climate of the area. 19. The Applicant shall have the right to construct covered parking spaces (carports) and/or detached garages in Parcel C for the residential units, provided that no such garage units shall be located between a residential building and immediately adjacent public right of way. 20. Comprehensive Sign Plan. Prior to the approval of the first final site plan for the nonresidential Parcels, the Applicant shall develop a comprehensive sign plan for the nonresidential portion of the Planned Mixed Use District (PMD). Said comprehensive sign plan shall be in accordance with all applicable ordinances and shall be submitted to the Planning Director, or his designee, for review and approval, including the approval of sign permits. 21. The Applicant shall have the right to locate project identification signs for the residential and nonresidential uses at the respective entrances to the Property in the locations as generally shown on the Open Space Plan, subject to approved sign permits. The exact location of each said sign shall be determined at the time the comprehensive sign plan is submitted to the Planning Director for review and approval pursuant to proffer #20 above provided, however, that the Applicant shall be allowed to locate said identification signs on one or both sides of the road at the respective entrances. PARKS AND RECREATION 22. The Applicant shall dedicate, and convey in fee simple, to the Prince William Board of County Supervisors, at no cost to the County, the approximately 80 acres of land referenced in proffer #7 above and as generally shown on the Wiita Property Exhibit (also being identified as portions of GPINs and ), said property to be used for parks and recreation purposes less that portion to be dedicated for public street purpose for Rollins Ford Road as set forth in proffer #7 above. Said dedication and Page C-7

38 Attachment C Proffer Statement dated October 12, 2005 conveyance shall be made no later than six months following Final Rezoning of the Property by the Board of County Supervisors as applied for by the Applicant. 23. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $250,000 to be used for engineering, design, planning and/or development of recreational facilities on the property dedicated to the County pursuant to proffer #22 above. Said contribution shall be paid at the time the building permit release letter is issued for the first residential building on the Property. 24. Applicant shall provide recreational amenities for the residential units located on the Property, said amenities to include at a minimum a swimming pool and clubhouse, a multi-purpose or tennis court and a tot lot and shall be shown on the first final site/subdivision plan for residential units on the Property. CULTURAL RESOURCES 25. At the time a Sketch Plan is submitted to the County for Parcels F and G, as said Parcels are identified on the Land Use Plan, the Applicant shall provide a cemetery delineation to determine the extent to which a cemetery, if any, is located in Parcels F and G. In the event there is an existing cemetery, or portion thereof, on these Parcels, said cemetery or portion thereof shall be protected with a fence and a twenty-five foot (25') wide buffer shall be provided around the perimeter of said cemetery. Pedestrian access shall be provided to said cemetery. 26. The Applicant shall perform a Phase I cultural resource investigation as defined by the Virginia Division of Historic Landmarks for that portion of the property located within Parcels I, J and K, as said Parcels are identified on the Land Use Plan. A report documenting the results of the investigation shall be submitted to the Planning Director no later than with the submission of the Sketch Plan for Parcels I, J and K. In the event the findings of the Phase I indicate that sufficient further investigation is warranted to justify a Phase II or Phase III investigation with reference to specific locations and/or resources on Parcels I, J and K, the Applicant shall conduct such Phase II and/or Phase III investigation in connection with such sites and resources to the extent that they are located on Parcels I, J and K prior to and as a condition of final plan approval for the affected areas and shall implement the recommendations of said investigations. ENVIRONMENTAL 27. Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $75.00 per acre for water quality monitoring. Said contribution shall be paid prior to and as a condition of the issuance of the first land development permit for each plan and shall be based on the gross acreage reflected on each such approved plan. Page C-8

39 Attachment C Proffer Statement dated October 12, The specific design of wet and dry ponds and the plant materials shall be determined at the time of final site/subdivision plan, however, the following parameters shall be applied: a. In the event the SWM/BMP facilities are constructed as dry ponds, the perimeter of each such dry pond shall be landscaped with a minimum of fifty (50) plant units per one hundred linear feet around the perimeter of the pond exclusive of dam embankment. b. In the event wet ponds are constructed, landscaping for such ponds shall utilize a wetland bench for emergent vegetation. In addition, shrubs, ornamental trees and shade trees shall be planted around the pool. 29. Applicant shall provide double tiered erosion and sedimentation control measures or its equivalent in connection with development and land disturbing activity on the Property which is within fifty feet (50') of slopes greater than twenty-five percent (25%) and located adjacent to intermittent streams or located immediately adjacent to an RPA on the Property. LIBRARIES 30. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $224 per multi-family unit constructed on the Property to be used for library purposes. Said contribution shall be paid prior to and as a condition of the issuance of a building permit release letter for each residential building constructed on the Property and the amount paid shall be based on the number of units in each said building. FIRE & RESCUE 31. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $346 per multi-family unit constructed on the Property to be used for fire and rescue facilities. Said contribution shall be paid prior to and as a condition of the issuance of a building permit release letter for each residential building constructed on the Property and the amount paid shall be based on the number of units in each said building. 32. All residential buildings constructed on the Property shall be equipped at a minimum with a NFPA 13R fire sprinkler system. 33. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in an amount not to exceed a maximum of $0.38 per square foot of gross floor area of nonresidential space constructed on the Property to be used for fire and Page C-9

40 Attachment C Proffer Statement dated October 12, 2005 rescue purposes in the area. Said contribution shall be paid prior to and as a condition of the issuance of the building permit release letter for each building constructed on the Property and the amount paid shall be based on the gross floor area of each said building. SCHOOLS 34. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $3,492 per multi-family unit constructed on the Property to be used for school facilities. Said contribution shall be made on a per unit basis prior to and as a condition of the issuance of a building permit release letter for each residential building constructed on the Property and the amount paid shall be based on the number of units in each said building. AFFORDABLE HOUSING 35. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $250 per dwelling unit to be used for the Housing Preservation and Development Fund. Said contribution shall be paid prior to and as a condition of the issuance of a building permit release letter for each residential building constructed on the Property and the amount paid shall be based on the number of units in each said building. WATER AND SEWER 36. The Property shall be served by public sanitary sewer and water and the Applicant shall be responsible for the costs and construction of those on and off-site improvements required in order to provide such service for the demand generated by the development on the Property. 37. Acceptance and approval of this rezoning application by the Board of County Supervisors authorizes the location and provision of those public uses and facilities specifically referenced on the MZP/GDP, Transportation & Utilities Plan, in this proffer statement, and the extension and construction of water and sewer lines and facilities and roads necessary to serve this property pursuant to the Virginia Code Section and the Prince William County Code Section The general area of location of these uses and facilities are as shown on the Transportation & Utilities Plan with the exact locations to be determined based on final engineering and as approved by Prince William County. Page C-10

41 Attachment C Proffer Statement dated October 12, The Applicant shall provide a thirty foot (30') wide sanitary sewer easement along the southeastern boundary of Parcels J and K from Hornbaker Road to the southwestern boundary of the Property for purposes of construction of a 36" sanitary sewer force main by the Service Authority as a part of the upgrade/replacement of the Linton Hall Sewage Pump Station. Said easement shall be granted to the Service Authority upon the request of and at no cost to the Service Authority. MISCELLANEOUS 39. In the event the monetary contributions set forth in the Proffer Statement are paid to the Prince William County Board of County Supervisors ("Board") within eighteen (18) months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in this Proffer Statement which are paid to the Board after eighteen (18) months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U from that date eighteen (18) months after the approval of this rezoning to the most recently available CP1-U to the date the contributions are paid, subject to a cap of 6 percent (6%) per year, noncompounded. WAIVERS/MODIFICATIONS 40. Modification of Sections and of the Zoning Ordinance and Sections , and of the DCSM to waive all internal buffers between uses on the Property, except as set forth in paragraph a. below, and to modify the PMD perimeter buffer in accordance with the following: a. The open space/conservation area located in Parcels C and E, as shown on the Open Space Plan, and the existing vegetation located therein, shall satisfy the buffer requirement and planting standard between the residential units in Parcel C and the nonresidential uses in Parcel E. b. Waive the buffer along the northern boundary of Parcel I and the western boundary of Parcel J adjacent to vacant land owned by the Commonwealth of Virginia. c. Sixty foot (60') wide landscape area shall be provided along the southwest side of Wellington Road (along the frontage of Parcels C, E and H). Within said Page C-11

42 Attachment C Proffer Statement dated October 12, 2005 landscape area, existing utilities shall be permitted and landscaping shall be provided in accordance with the streetscape treatment set forth in proffer #15.a above. d. Waive the buffers along the northern, western and eastern boundaries of Parcel F except where Parcel F abuts the Route 234 Bypass in which case a fifty foot (50') wide buffer shall be provided. e. Fifty foot (50') wide landscape area shall be provided along the northeast side of Wellington Road along the frontage of Parcels A, B and F. Within said landscape area, existing utilities shall be permitted and landscaping shall be provided in accordance with the streetscape treatment set forth in proffer #15.b above. f. Waive the buffers along the southeastern and southwestern boundaries of Parcel G, except that a 25' wide buffer shall be provided on Parcel G adjacent to the existing cemetery located on the adjacent property to the east. g. Where the buffers and landscape areas set forth above are located within RPAs or major utility easements (Transcontinental and Colonial), existing vegetation shall satisfy the planting standard for such buffers areas and no supplemental plantings shall be required. 41. Modification of Section of the Zoning Ordinance to allow a single unit type in Parcel C rather than two unit types. Page C-12

43 Attachment C MZP dated September 24, 2003 revised through September 22, 2005 Page C-13

44 Attachment C Transportation & Utility Plan dated September 24, 2003 revised through September 22, 2005 Page C-14

45 Attachment C Open Space & Buffer Plan dated September 24, 2003 revised through September 22, 2005 Page C-15

46 Attachment C Illustrative dated September 24, 2003 revised through May 24, 2005 Page C-16

47 Attachment C Development Design Guidelines dated November 22, 2004 Page C-17

48 Attachment C Development Design Guidelines dated November 22, 2004 Page C-18

49 Attachment C Development Design Guidelines dated November 22, 2004 Page C-19