# 10 Supplemental COUNTY OF LOUDOUN

Transcription

1 # 10 Supplemental COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING MEMORANDUM DATE: September 4, 2015 TO: FROM: SUBJECT: Loudoun County Board of Supervisors Kate McConnell, AICP, Planning and Zoning Ricky Barker, AICP, Director, Planning and Zoning ZMAP & SPEX Brambleton Business Campus The following is intended to augment the September 9, 2015 Board of Supervisors Public Hearing Staff Report. Since the Board received the Staff Report, the County Attorney completed a review of the Proffer Statement and the Applicant submitted a signed Proffer Statement. The County Attorney reviewed the proffer language and signatures and approved the Proffer Statement to form. The Conditions of Approval have also been approved to form. Both items are attached to this supplemental memorandum. The Application is ready for Board action. At the June 7, 2015 Work Session, the Planning Commission voted (6-2-1, Salmon, Syska opposed; Klancher absent) to forward the applications to the Board of Supervisors (Board) with a recommendation of approval and with a recommendation to include a proffer commitment of interior airport noise mitigation should an Educational Institution use be established on the property. Staff cannot support the rezoning request as proposed. The application is not consistent with the Revised General Plan (Plan), as it proposes Office or Educational Institution uses as a predominant use in an area planned for Industrial uses as the predominant use. REVISED DRAFT MOTIONS: 1. I move that the Board of Supervisors forward ZMAP & SPEX , Brambleton Business Campus, to the October 7, 2015 Board of Supervisors Business Meeting for action. OR 2. I move that the Board of Supervisors forward ZMAP & SPEX ,

2 OR Item #10 (Supplemental), ZMAP , SPEX Brambleton Business Campus Board of Supervisors Public Hearing September 9, 2015 Page 2 Brambleton Business Campus, to the Transportation and Land Use Committee for further discussion. 3. I move an alternate motion. Attachments: 1. Signed Proffer Statement dated September 3, Proffer Statement redline dated September 3, Conditions of Approval dated September 2, CDP dated August 2012 and revised through (To view the CDP, follow the link below: )

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36 72 BRAMBLETON BUSINESS CAMPUS ZMAP PROFFER STATEMENT August 31,September 3, 2015 Creighton Road L.L.C., a Michigan limited liability company, the owner ( Owner ) of the property described as Loudoun County Tax Map 92, Parcel 15 (PIN # ) on behalf of itself and its successors in interest, hereby voluntarily proffers, pursuant to Section , Code of Virginia (1950), as amended, and Section of the Revised 1993 Loudoun County Zoning Ordinance, as amended (the Zoning Ordinance ), that the development of a acre portion of Tax Map 92, Parcel 15, as depicted on the Concept Development Plan defined in Proffer I. below (the Property ), shall be in substantial conformance with the proffers, as set forth below (the Proffers ) and the currently applicable proffers of ZMAP shall no longer be in effect. All proffers made herein ( Proffers ) are contingent upon approval of (i) ZMAP and SPEX , including the modifications as provided in Exhibit A; and (ii) the Concept Development Plan, as defined in Proffer I. below. In the event this ZMAP and/or the modifications provided in Exhibit A are denied, these Proffers shall be null and void and of no further force and effect, and the proffers accepted by the Board of Supervisors with ZMAP will continue in force and effect. I. CONCEPT DEVELOPMENT PLAN The development of the Property shall be in substantial conformance with the Concept Development Plan (the CDP ) (included by reference as Exhibit B), hereby identified and defined as Sheets 1, 4, and 10 of 12 of the plan set entitled Brambleton Business Campus Zoning Map Amendment Plan and Special Exception, prepared by Urban Ltd., dated August 2012 and revised through August 31, 2015 (the Plans ). Minor adjustments to the locations of the proposed uses, facilities and improvements shown on the CDP shall be permitted as reasonably necessary to address grading, drainage, environmental, cultural and natural features, development ordinance requirements, and other final engineering considerations, and to accommodate the recommendations of archaeological studies, provided that any such minor adjustments shall be in accordance with Section of the Zoning Ordinance. II. DEVELOPMENT SCOPE A. Commercial Uses Approval of this ZMAP shall permit the construction on the Property of up to 936,191 square feet of uses permitted in the PD-IP ( Planned Development-Industrial Park ) zoning district, including any permissible special exception uses provided that any special exception use shall receive the requisite County approval prior to establishment of such use Error! Bookmark not defined.error! Bookmark not defined Attachment 2 A-34

37 B. Pedestrian Trails and Sidewalks through the Property 1. The Owner shall construct a network of pedestrian trails and sidewalks on the Property. Such pedestrian trails and sidewalks shall either be located within dedicated right-of-way or within a public access easement on the Property dedicated to the County. Such pedestrian trails and sidewalks shall provide a connection between buildings on the Property and connect all buildings with parking facilities, open spaces and seating areas. Each site plan approved for the Property shall clearly identify proposed sidewalks and trails. All sidewalks shall be a minimum of five (5) feet in width and shall be a concrete surface. All pedestrian trails shall be a minimum of eight (8) feet in width and shall be an asphalt or natural surface. The trails and sidewalks shall be constructed in conjunction with the development of adjacent portions of the Property. The trails and sidewalks shall be designed and constructed in conformance with the Virginia Department of Transportation ( VDOT ) or the Loudoun County Facilities Standards Manual ( FSM ) standards and criteria, as applicable. The requirements of this Proffer II.B. shall not apply to trails constructed on Arcola Road, discussed in Proffer IV.C. below. 2. Since VDOT will not accept maintenance of pedestrian facilities that meander in and out of or straddle VDOT right-of-way limits, and, thus, will not accept street sections that contain such facilities until the County accepts responsibility for the maintenance of such facilities, multiple agreements may be required in order to obtain VDOT acceptance of such street sections containing partial walkways, and bond release for such street sections may be delayed until such agreements can be reached between and among the appropriate parties. Owner acknowledges and accepts its responsibility for those actions within its control necessary to prepare and/or facilitate the execution of such agreements. C. Water and Sewer The Property shall be served by public central water supply and public central sanitary sewer systems. The Owner shall construct and install all water and sewer extensions and connections necessary for development of the Property at no expense to Loudoun County Sanitation Authority ( Loudoun Water ) or to Loudoun County (the County ). Such water and sanitary sewer extensions and connections shall be constructed in accordance with Loudoun Water standards. D. Open Space/Plaza/Seating Area 1. The Owner shall provide an Open Space/Plaza/Seating Area in the East Development Envelope and West Development Envelope, which Development Envelopes are depicted on Sheet 10 of the CDP. The combined area of the Open Space/Plaza/Seating Areas shall be a minimum of 5,000 square feet, with each individual Open Space/Plaza/Seating Area being a minimum of 2,000 square feet. Each Open Space/Plaza/Seating Area shall contain both landscaping and hardscaping and a minimum of six (6) benches. 2. The first Open Space/Plaza Seating Area shall be established and available for use prior to the issuance of the occupancy permit that would result in the cumulative total of PAGE A-35

38 occupancy permitted floor area on the Property exceeding 200,000 square feet, provided that the said first Open Space/Plaza Seating Area shall be located in the Development Envelope in which the greater amount of occupancy permitted floor area has been issued as of that time. The second Open Space/Plaza Seating Area shall be established and available for use prior to the issuance of the occupancy permit that would result in the cumulative total of occupancy permitted floor area on the Property exceeding 500,000 square feet. The issuance of the aforesaid occupancy permits shall be subject to compliance with the provisions of Proffer VIII, below. The location of the Open Space/Plaza Seating Areas shall be shown on the first site plan approved for each of the East and West Development Envelopes. III. PROPERTY MANAGEMENT ASSOCIATION COMMERCIAL OWNERS ASSOCIATION A. General Responsibilities All owners of any portion of the Property shall be members of a Property Management Association Commercial Owners Association ( PMA COA ) established to regulate use and provide standards for the construction, landscaping and use of commercial properties within the Property. The PMA COA shall provide landscaping and lawn maintenance for all common areas and snow removal on all private streets, and shall contract for trash removal services. The PMA COA shall be responsible for the maintenance of all private streets, street lights, bus shelters, sidewalks and trails not otherwise maintained by the County, the Virginia Department of Transportation ( VDOT ) or any other entity. In addition to the foregoing, the PMA COA shall be responsible for all other obligations allocated to the PMA COA in this Proffer Statement. The PMA COA shall be a separate entity to the Brambleton Community Association. B. Establishment of the PMA COA Draft documents for the establishment of the PMA COA and the applicable covenants shall be submitted to the County for review and approval in conjunction with the submission of the first site plan for the Property. The PMA COA shall be established, and the documents imposing the property covenants and PMA COA authority and responsibilities shall be recorded, prior to the approval of the first site plan for the Property. C. Design Standards In order to provide for the implementation of design concepts and assist in the creation of an education and/or business park environment, the PMA COA covenants shall require the establishment of an Initial Construction Committee and shall require said Committee to adopt design standards in conformance with the Brambleton Business Campus Commercial Design Guidelines presented with this application and included by reference as Exhibit C (prepared by ParkerRodriguez, Inc. and dated March May 28, 2015). The said design guidelines shall provide for the regulation of site design and architectural standards that will ensure the development of a unified center. The Initial Construction Committee shall be established and its design guidelines imposed as part of the establishing of the PMA COA. The Initial Constriction Committee shall review all development plans. Within thirty (30) days of the Initial Construction Committee being established, the Owner shall submit a copy of the adopted design guidelines and standards to the 3 3 PAGE 917 A-36

39 Department of Planning and Zoning to demonstrate conformance with the design guidelines and standards included as Exhibit C to these Proffers. IV. TRANSPORTATION A. Traffic Signals PAGE Loudoun County Parkway. (a) Prior to issuance of the occupancy permit that would result in the cumulative total of occupancy permitted floor area on the Property exceeding 650,000 square feet, the Owner shall fund, prepare, and submit to VDOT a signal warrant study for, and if warranted by VDOT shall, within eighteen months of approval of the signal warrant study for, and if warranted by design and install, a traffic signal at the vehicular entrance into the Property from Loudoun County Parkway depicted on Sheet 10 of the CDP. The issuance of the aforesaid occupancy permit shall be subject to compliance with the provisions of Proffer VIII, below. Notwithstanding the foregoing, the Zoning Administrator may grant an extension to said eighteen month period for the design and installation of the traffic signal in the event it is determined that an extraordinary event or circumstance beyond the control of the Owner has prevented the fulfillment of its obligations under this Proffer. (b) In the event the said traffic signal is not warranted by the signal warrant study required under this Proffer IV.A.1., the Owner shall, within ninety (90) days of receipt of confirmation from VDOT that the traffic signal is not warranted, contribute three hundred and fifty thousand dollars ($350,000) to the County towards regional road or transportation improvements in the vicinity of the Property. (c) In the event the installation of the said traffic signal is commenced or completed by others in advance of the issuance by the County of the occupancy permit described above in Proffer IV.A.1(a), the Owner shall, prior to the issuance by the County of the said occupancy permit contribute three hundred and fifty thousand dollars ($350,000) to the County. The issuance of the aforesaid occupancy permit shall be subject to compliance with the provisions of Proffer VIII, below. 2. Future Arcola Boulevard (a) The Countywide Transportation Plan includes the alignment of a future Arcola Boulevard between the Property and Route 50 to the south. (b) Within ninety (90) days of the extension of Arcola Boulevard, by others, from Station (as depicted on Sheet 10 of the CDP) to Route 50 and such connectionextension being opened to traffic and following, or prior to issuance of occupancy permits that would result in the cumulative total of occupancy permitted floor area on the Property exceeding more than 650,000 square feet, whichever occurs later, the Owner shall fund, prepare, and submit to VDOT a signal warrant study for, and if warranted by VDOT shall, within eighteen months of approval of the signal warrant study, design and install, a traffic signal at the vehicular entrance into the Property from Arcola Road depicted on Sheet 10 of the CDP. The issuance of the 4 4 A-37

40 aforesaid occupancy permit shall be subject to compliance with the provisions of Proffer VIII, below. Notwithstanding the foregoing, the Zoning Administrator may grant an extension to said eighteen month period for the design and installation of the traffic signal in the event it is determined that an extraordinary event or circumstance beyond the control of the Owner has prevented the fulfillment of its obligations under this Proffer. (bc) In the event the said traffic signal is not warranted by the signal warrant study required under this Proffer IV.A.2., the Owner shall, within ninety (90) days of receipt of confirmation from VDOT that the traffic signal is not warranted, contribute three hundred and fifty thousand dollars ($350,000) to the County towards regional road or transportation improvements in the vicinity of the Property. (cd) In the event the installation of the said traffic signal is commenced or completed by others in advance of the issuance by the County of the said occupancy permit described above in Proffer IV.A.2(a) the Owner shall, prior to the issuance by the County of the said occupancy permit contribute three hundred and fifty thousand dollars ($350,000) to the County. The issuance of the aforesaid occupancy permit shall be subject to compliance with the provisions of Proffer VIII, below. B. Proposed Arcola Road (future Arcola Boulevard) Improvements. 1. The Applicant (and/or its affiliated development company, Brambleton Group L.L.C.) shall, at no public cost, construct a four-lane divided section of the Proposed Arcola Road /West Spine Road/Rte. 842 (future Arcola Boulevard) between Station and Station as depicted on Exhibit D and labeled as Prop. West Spine Road, including required trails within the dedicated right-of-way in accordance with applicable VDOT standards. Such improvements shall be open to traffic within twelve months of the completion of the Arcola RoadBoulevard portion of the VDOT Route 606/Loudoun County Parkway/Old Ox Road project from the intersection of Loudoun County Parkway and Arcola RoadBoulevard to Station Notwithstanding the foregoing, the Zoning Administrator may grant an extension to this date in the event it is determined that an extraordinary event or circumstance beyond the control of the Applicant has prevented the fulfillment of its obligations under this Proffer. 2. In the event the improvements to Proposed Arcola Road described above in this Proffer IV.B. are not constructed by or on behalf of the Applicant or Brambleton Group L.L.C. and are constructed by others, the Applicant shall, following construction of the improvements by others, within ninety (90) days of receipt of written request from the County and in lieu of construction of such improvements, make a cash contribution to the County in the amount of the actual costs expended by such other party (as confirmed by invoices) or at the ApplicantOwner s (or its affiliated development Company s) option, the costs as verified by County-approved bond estimates) expended by such other party, with such cash contribution to be used in the discretion of the Board of Supervisors toward reimbursement of such others for such construction or used towards other regional road or transportation improvements. PAGE A-38

41 C. Highway Noise Impact Study 1. Noise Study Preparation. Prior to the application for an occupancy permit for Concurrently with the submission of the first site plan or construction plan that includes development of an educational institution use along the frontages of the Property upon Loudoun County Parkway and Arcola Road, whichever occurs first, the Owner shall submit a noise impact study or noise impact studies to the County that will determine the need for any additional buffering and/or noise attenuation measures along the frontages of the Property upon Loudoun County Parkway and Arcola Road. Each noise impact study shall be conducted by a certified professional engineer. The traffic volumes assumed in the studies willeach noise impact study shall be based on traffic volumes for Loudoun County Parkway and/or Arcola Road at a time that is at least ten (10) years from the year the first record plat or first site plan application for the Property, whichever is first in time, is submittedten (10) to twenty (20) years from the start of construction based on the most recent and applicable forecast available from the County's Department of Transportation and Capital Infrastructure and, the ultimate road configuration as defined in the Revised2010 Countywide Transportation Plan ( CTP ), and the ultimate design speed, pavement type and proposed topography. 2. Mitigation. Each noise impact study will be prepared using latest version of the Federal Highway Administration's Traffic Noise Prediction Model. Noise impacts shall be deemed to occur if predicted highway noise levels substantially exceed the existing noise levels (a 10 decibel increase over existing levels) or approach (one decibel less than), meet, or exceed the Noise Abatement Criteria identified in the Revised Countywide Transportation Plan. For all usesctp. For all noise-sensitive uses, including the Educational Institution use, deemed to be subject to such noise impacts, the Owner shall provide noise attenuation measures along Loudoun County Parkway and/or Arcola Road, as applicable and as identified in the noise impact study and, sufficient to mitigate the anticipated noise impacts prior to the approvalissuance of any occupancy permitspermit for any such impacted structures. Such noise attenuation measures shall be shown on the applicable site plan or construction plan. Such noise attenuation measures shall result in interior noise levels less than impact levels (2 decibels less than the Noise Abatement Criteria) and shall result in a noise reduction of at least 5 decibels below predicted highway noise levels. Where noise attenuation measures are determined to be required, priority shall be given to passive measures (to include adequate setbacks, earthen berms, wooden fences, and vegetation). Structural noise attenuation measures (e.g., noise walls) shall be used only if adequate interior noise attenuation cannot otherwise be achieved. If the noise barrier is a noise wall (not an earthen berm) it shall result in a noise reduction of at least 5 decibels. The application for thethe first occupancy permit for a school use located upon property alongany Educational Institution use adjacent to Loudoun County Parkway andor Arcola Road Route shall be accompanied by shall not be issued until the Owner has provided written documentation from County Building and Development staff or the Zoning Administrator that such required attenuation measures have been constructed or installed or are not required. All such noise attenuation measures shall be located on PMA COA owned property, and the PMA COA Covenants shall clearly state that all required noise attenuation measures shall be maintained by the PMA COA and shall not be removed without written approval from the County. D. Airport Noise Attenuation for Educational Institution Uses PAGE A-39

42 The entire developable portion of the Property is mapped in the AI-Airport Impact Overlay District within the area of 65 or higher aircraft noise. Consequently, the yearly day-night average sound level (Ldn) is deemed to equal or exceed 65 db(a) Ldn within every portion of the Property where an educational institution could be located. Therefore, the Owner will incorporate such architectural noise attenuation acoustical treatment measures as necessary into all educational institution structures to insure that interior noise levels within all classrooms and other core learning spaces do not exceed an average sound level of 45 db(a) Ldn. Compliance with this standard shall be documented by a certification for an acoustical engineer licensed in the Commonwealth of Virginia, submitted prior to the approval of any zoning permitspermit for any educational institution use on the Property, certifying that the design and construction methods and materials to be used in the construction of the classrooms and other core learning spaces are such that the foregoing standard will be met. E. Bus Shelter The Owner shall install a bus shelter on the Property, to service passengers of bus routes within Loudoun County (that is, not bus services which provide transportation from the Property to destinations outside of Loudoun County). Prior to the approval of the zoning permit that would result in the cumulative total of zoning permitted floor area on the Property equaling or exceeding 400,000 square feet, the Owner shall coordinate a meeting with representatives of the County to determine a mutually agreeable location for said bus shelter. Within four (4) months of the approval of said location, the Owner shall construct a bus shelter in said location, so long as transit service is available to the agreed-upon location. In the event that no transit service is available to the agreed-upon bus shelter location by the time of approval of the zoning permit that would result in the cumulative total of zoning permitted floor arearea on the Property equaling 600,000 square feet, then prior to the approval of the zoning permit that would result in the cumulative total of zoning permitted floor area on the Property exceeding 600,000 square feet, Owner shall contribute twenty thousand dollars ($20,000) to the County towards regional road or transportation improvements in the vicinity of the Property. V. ENVIRONMENT A. Wetlands and Streams For any wetland and stream impacts on the Property requiring mitigation in conjunction with the permitting process by the United States Army Corps of Engineers ( USACE ) and Virginia Department of Environmental Quality ( DEQ ), if the wetland mitigation required in conjunction with the issuance of the aforesaid permits cannot be provided on-site, the Owner has agreed, subject to the approval of the USACE, to first consider utilizing available Loudoun County mitigation sites with equal or less costs than that of other available mitigation sites within the same Potomac River watershed as the subject impact site before utilizing mitigation sites located in other jurisdictions within the said watershed. The Owner shall submit a letter to the Zoning Administrator providing evidence of compliance with said commitment prior to the approval of any construction plan and profiles or site plan that includes PAGE A-40

43 wetland impacts. This proffer does not preclude the Owner from being able to use other means of mitigation acceptable to the County. B. Tree Conservation and Tree Protection 1. Tree Conservation Areas. The Owner shall establish tree conservation areas in the locations generally shown on Sheet 10 of the CDP as Approximate Tree Conservation Area ( Tree Conservation Areas ). Clearing in these areas shall be permitted only to the extent reasonably necessary for the construction of utility crossings, wetland mitigation, storm water management facilities, best management practices, road crossings, low impact design facilities and trails and trail crossings, and any such clearing shall be limited to the minimum area required for said construction. The final delineation of the Tree Conservation Areas shall be in substantial conformance with that shown on Sheet 10 and shall be phased in and established with contiguous site plans. 2. Minimum 80% Tree Conservation Area. A minimum of eighty (80) percent of the tree canopy within the Tree Conservation Areas depicted on the CDP will be preserved, exclusive of stands of Virginia Pine over twenty five (25) years in age. In the event that the eighty (80) percent threshold cannot be achieved within the designated Tree Conservation Areas, such deficit will be recaptured elsewhere onsite in locations to be designated at the discretion of the Owner in consultation with the County. Boundaries of all Tree Conservation Areas shall be delineated on the record plat recorded for each section of the development. 3. Clear Delineation of Tree Conservation Area. Construction plans and site plans shall clearly define the limits of the Tree Conservation Areas and all such areas shall be clearly marked in the field. Tree protection fencing shall be placed outside the Protected RouteRoot Zone prior to commencing land-disturbing activities. 4. Removal of Dead, Dying Vegetation. The Owner reserves the right to remove, in consultation with the County Urban Forester, any dead, damaged, dying or diseased trees and vegetation. 5. Replacement Trees & Planting. If, during construction on the Property, it is determined by the Owner s certified arborist and/or the County Urban Forester that any healthy tree located within the boundaries of any of the Tree Conservation Areas described in this Proffer has been damaged during construction and will not survive, then the Owner shall remove each such tree and replace each such tree with two (2) 2½ - 3 inch caliper native, non-invasive deciduous trees. The species and placement of replacement trees shall be proximate to the area of each such damaged tree so removed, or in another area determined in consultation between the Owner and the County Urban Forester. The tree replacement requirements of this Proffer shall not apply to trees damaged or removed from the Property during clearing permitted in conformance with these Proffers. 6. PMA COA Documents. The PMA COA documents shall include a provision that prohibits removal of trees in Tree Conservation Areas, as shown on the record plats, after construction has been completed by the Owner without specific permission of the County PAGE A-41

44 Urban Forester, except as necessary to accommodate Forest Management Techniques as performed by or recommended by a professional forester or certified arborist, that are necessary to protect or enhance the viability of the canopy. Such Management Techniques may include, without limitation, pruning and the removal of vines, invasive species, trees uprooted or damaged by extreme weather conditions, and trees or limbs that are diseased, insect-infested, dead, or are considered a hazard to life or property. The PMA COA documents shall clearly state these provisions prohibiting tree removal shall not be amended by the Owner without written approval from the County. C. Best Management Practices Any storm water management ( SWM ) facilities established on the Property shall be constructed as wet ponds and not dry ponds. All SWM/Best Management Practice facilities installed on the Property shall comply with applicable State regulations and the requirements of the FSM. D. Low Impact Development. The Owner shall implement at least two Low Impact Development ( LID ) practices to augment the SWM/BMP facilities on the Property. Such LID techniques may include, but shall not be limited to, porous paving, storm filters, tree filterras, vegetated swales, bioretention facilities/rain gardens, water quality swales, sheet flow to vegetated buffers and/or incorporation of interior landscape areas to enhance water quality, as determined by the Owner. The location of such LID techniques shall be identified prior to approval of the first site plan. E. Lighting All lighting fixtures used in parking areas and on building exteriors shall be designed and constructed with full cut-offcutoff and fully shielded lighting fixtures so that the light will be directed inward and downward toward the interior of the Property to prevent glare on adjacent properties and streets. The maximum average illumination for parking lots and for structured parking shall be 3 foot candles and the maximum average illumination for exterior building lighting, including security lighting, shall be 5 foot candles. VI. FIRE AND RESCUE SERVICES A. Timing and Amount of Contributions. Prior to the approval of each zoning permit for the Property, the Owner shall contribute to the County twenty one cents ($0.21) per gross square foot of non-residential space (such amount being the 2015 equivalent of $0.10 per gross square foot in 1988 Dollars). B. Equal Distribution. The contributions described in this Proffer VI. shall be for distribution to the Fire and Rescue companies providing service to the Property. The contributions shall be divided equally between the primary servicing Fire and Rescue companies. PAGE A-42

45 C. Support of Volunteer Fire and Rescue System. Notwithstanding the foregoing, if at the time of the application for any such zoning permit, the primary servicing fire and rescue companies do not utilize, to any significant extent, either volunteer staff or apparatus owned by a volunteer organization, then no contribution shall be provided by the Owner. The intent of this proffer is to support volunteer fire and rescue staffing and operations so long as any significant element of the primary provider of fire and rescue services to the Property is volunteer owned or operated. If only one of these services has ceased to utilize volunteer staff and apparatus as outlined above in this Proffer VI, then the contribution shall be halved and shall be provided to the remaining company. VII. ESCALATOR Unless otherwise specified, all cash contributions enumerated in these Proffers shall be subject to an annual adjustment from the base year of 2015, which shall take effect on January 1, 2016 and change effective each January 1 thereafter, based on the Consumer Price Index, for all urban consumers (CPI-U), =100 (not seasonally adjusted) as published by the Bureau of Labor Statistics, U.S. Department of Labor, for the Washington-Baltimore, MD-VA-DC-WV Consolidated Metropolitan Statistical Area. VIII. PERFORMANCE OF PROFFERS TIED TO OCCUPANCY PERMIT When any plat or plan submission, signal warrant analysis submission, noise or other impact study submission, bonding, dedication, conveyance, construction completion of construction, opening of a facility or infrastructure to traffic or use, payment of cash, or any other act or activity required in these Proffers is required to be performed, submitted, recorded, paid, or completed prior to the issuance of an occupancy permit, the said occupancy permit shall not be issued until the Owner has provided (i) written documentation from County Building and Development or Zoning Administration staff that the said payment, action, or other act or activity has been made, performed, or completed, or (ii) written documentation from Zoning Administration staff that the said payment, action, or other act or activity is no longer a prerequisite for issuance of such occupancy permit, or (iii) such other documentation or evidence of either of the foregoing which may hereafter be established by the County as suitable confirmation of same. The undersigned hereby warrant that all owners with any legal interest in the Property have signed this Proffer Statement, that no signature from any additional party is necessary for these Proffers to be binding and enforceable in accordance with their terms, that they, together with the others signing this document, have full authority to bind the Property to these conditions, and that the Proffers are entered into voluntarily. PAGE A-43

46 STATE OF ) COUNTY OF ) to wit: CREIGHTON ROAD L.L.C., A MICHIGAN LIMITED LIABILITY COMPANY By: Name: Title: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that of Creighton Road L.L.C., whose name is signed to the foregoing Proffer Statement, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this day of, My commission expires: Notary Registration #: Notary Public PAGE A-44

47 62 EXHIBIT A ZONING ORDINANCE MODIFICATIONS LOT REQUIREMENTS MODIFICATION Zoning Ordinance Requirements to be Modified Section (B) Yards. (1). Except where a greater setback is required by Section 5-900, no building shall be permitted closer than thirty-five (35) feet to the right-of-way from any road and no parking shall be permitted closer than twenty five (25) feet to the right-of-way from any road. No outdoor storage, areas for collection of refuse, or loading space shall be permitted in such setbacks. Proposed Modification To permit buildings to be located no closer than ten (10) feet from the right-of-way of any internal road on the Property. No parking shall be permitted closer than twenty five (25) feet to the right-of-way from any road. No outdoor storage, areas for collection of refuse, or loading space shall be permitted in said building and parking setbacks. LOT REQUIREMENTS MODIFICATION Zoning Ordinance Requirements to be Modified Section (B) Yards. (2). No building, outdoor storage, areas for collection of refuse, or loading area shall be permitted closer than seventy five (75) feet to any agricultural district, any existing or zoned residential district, or land bay allowing residential uses. No parking shall be permitted closer than sixty (60) feet to any such districts and uses. Proposed Modification To permit buildings, outdoor storage, areas for collection of refuse, or loading areas no closer than fifteen (15) feet to any existing or zoned residential district, or land bay allowing residential uses. To permit parking no closer than fifteen (15) feet to any such districts and uses. To permit parking between buildings and areas zoned PD-AAAR. This ZMOD applies to the northeastern edge of West Development Envelope, depicted on Sheet 10 of the CDP Error! Bookmark not defined.error! Bookmark not defined A-45

48 EXHIBIT B BRAMBLETON BUSINESS CAMPUS CONCEPT DEVELOPMENT PLAN 1 2 A-46

49 EXHIBIT C BRAMBLETON BUSINESS CAMPUS COMMERCIAL DESIGN GUIDELINES 1 3 A-47

50 EXHIBIT D BRAMBLETON CONSTRUCTION LIMIT LOUDOUN COUNTY PARKWAY v A-48

51 Document comparison by Workshare Compare on Thursday, September 03, :32:05 PM Input: Document 1 ID Description Document 2 ID Description Rendering set interwovensite://naactive/naactive/ /10 # v10<NAACTIVE> - Brambleton Business Campus interwovensite://naactive/naactive/ /11 # v11<NAACTIVE> - Brambleton Business Campus Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 51 Deletions 37 Moved from 2 Moved to 2 Style change 0 Format changed 0 Total changes 92 A-49

52 ZMAP & SPEX Brambleton Business Campus Conditions of Approval September 2, Substantial Conformance. All development pursuant to the Special Exception use described in Condition 2 shall be in substantial conformance with Sheets 1, 3, 8, and 12 of 12 (herein referred to as the Special Exception Plat ) of the plan set entitled Brambleton Business Campus Zoning Map Amendment Plan and Special Exception, Blue Ridge District, Loudoun County, Virginia, ZMAP and SPEX dated August 2012, as revised through August 31, 2015, prepared by Urban, Ltd. (the Plans ), and the Revised 1993 Zoning Ordinance ( Zoning Ordinance ). Approval of this application for the approximately acres of the acre parcel identified PIN # as depicted on Sheet 3 of the Special Exception Plat, (referred to as the Property ) shall not relieve the applicant or the owners of the Property (the Applicant ) from the obligation to comply with and conform to any other Zoning Ordinance, Codified Ordinance, or applicable regulatory requirement. 2. Uses Permitted. This Special Exception permits office, administrative, business, and professional uses, which do not meet the criteria contained in Section 4-503(G) of the Zoning Ordinance (the Special Exception Use ) pursuant to and as set forth in the PD-IP (Planned Development Industrial Park) Zoning District regulations and other applicable sections of the Zoning Ordinance and as shown on the Special Exception Plat. 3. Building Height. Buildings for office, administrative, business, or professional uses shall be a minimum of 26 feet in height. Attachment 3 A-50