STAFF REPORT. Proffer Amendment #PLN , Birkwood at Braemar (Brentsville Magisterial District)

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1 COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia PLANNING (703) Metro , Ext FAX (703) OFFICE Internet Christopher M. Price, AICP Director of Planning September 5, 2014 STAFF REPORT Proffer Amendment #PLN , Birkwood at Braemar (Brentsville Magisterial District) Planning Commission Public Hearing Date: September 17, 2014 Staff Recommendation: Approval I. Background is as follows: A. Request - This is a request to amend the proffers from REZ #PLN , to redesignate +/-7.36 acres on the Braemar Master Zoning Plan from RPC, Residential Planned Community (Commercial), to RPC (Mixed Residential/Medium-High Density). This change will allow for the construction of up to 52 residential units (39 townhouses & 13 SFD, single family detached dwelling units). Birkwood at Braemar Zoning & MZP designation Existing and/or Allowed per approved sketch plan # RPC Commercial Proposed RPC Mixed Residential/Medium-High Density Use Commercial Residential (multiple housing types) Development 49,000 SF office 14,800 SF pharmacy 4,000 SF fast food restaurant 39 townhouses & 13 SFD Daily Vehicle Trips 2,813 VPD 510 VPD B. Site Location - The site is located within the Braemar Residential Planned Community on the east side of Sudley Manor Dr., +/-250 ft. south of the intersection of Merrimont Trace Circle and Sudley Manor Dr. (see maps in Attachment A). The site is identified on County maps as GPIN (pt). An Equal Opportunity Employer

2 September 5, 2014 Page 2 C. Comprehensive Plan - The site is designated RPC, Residential Planned Community in the Comprehensive Plan. D. Zoning The site is zoned RPC, Residential Planned Community and designated Commercial on the Braemar Master Zoning Plan. E. Surrounding Land Uses - The site is located within the Braemar Residential Planned Community. The site is bordered by commercial/retail shopping area of Braemar Village to the north and single family detached development to the immediate east in the Newcastle Village of Braemar. Across Sudley Manor Dr. to the west is the Merrimont Trace development consisting of single-family detached development. More single-family detached development exists to the west as part of the Dunbarton Village of Braemar. To the south, across Broad Run Creek, the development consists of more residential landbays with single-family detached development and townhouses in the Highland Village of Braemar. II. Current Situation is as follows: A. Planning Office Recommendation - The Planning Office recommends approval of the Proffer Amendment #PLN , Birkwood at Braemar, subject to the proffers dated August 28, 2014, found in Attachment C. Staff recommends approval for the following reasons: The proposed density and unit type are consistent with development existing within the Braemar Community. The proposed density of 7.1 units per acre is consistent with the density range envisioned for medium to high density suburban residential development. The change from RPC-Commercial to RPC, Mixed Residential/Medium-High Density, will result in an overall reduction in daily vehicle trips generated from the property. The design will promote walkability to commercial uses. The interparcel connection and associated pedestrian connection will increase walkability for surrounding neighborhoods of the Braemar community. Proffered high quality design and building materials will ensure compatibility with the Braemar community. B. Planning Commission Public Hearing - A public hearing before the Planning Commission has been advertised for September 17, III. Issues in order of importance are as follows: A. Comprehensive Plan 1. Long-Range Land Use - Is the proposed use consistent with those uses intended by the RPC designation?

3 September 5, 2014 Page 3 2. Level of Service (LOS) - How does the proposal address the Policy Guide for Monetary Contributions in effect July 1, 2006? B. Community Input - Have members of the community raised any issues? C. Other Jurisdictional Comments - Have other jurisdictions raised any issues? D. Legal Uses of the Property - What uses are allowed on the property? How are legal issues resulting from the Planning Commission action addressed? E. Timing When must the Planning Commission take action on this application? IV. Alternatives beginning with the staff recommendation are as follows: A. Recommend approval of, subject to the proffers dated August 28, 2014, found in Attachment C. 1. Comprehensive Plan Consistency Analysis: a) Long-Range Land Use - The subject property is designated RPC, Residential Planned Community on the Long-Range Land Use Map. The RPC is intended to allow for a variety of housing accommodations and land uses provided in orderly relationship with one another. The proposed density and unit type are consistent with development existing within the Braemar Community. The proposed density of 7.1 units per acre is consistent with the density range envisioned for medium to high density suburban residential development and the design will promote walkability to commercial uses. The interparcel connection and associated pedestrian connection will increase vehicular and pedestrian connectivity within the community. b) Level of Service (LOS) - The level of service impacts related to the request would be mitigated by the proffered monetary contributions as follows: Water Quality $75 per acre x 7.36 acres $ Fire and Rescue $749 x 13 SFD = $9,737 $37, $720 x 39 townhouses = $28,080 Libraries $610 x 13 SFD = $7,930 $31, $601 x 39 townhouses = $23,439 Housing $ x 52 units $13, Parks and Recreation $3,972 x 13 SFD = $51,636 $3,725 x 39 townhouses = $145,275 Schools $ x 13 SFD = $188,006 $11,685 x 39 townhouses = $455,715 $196, $643, Transportation $17,926 x 13 SFD = $233,038 $825, $15,196 x 39 townhouses = $592,644 Total $1,749,052.00

4 September 5, 2014 Page 4 2. Community Input - The application has been transmitted to adjacent property owners within 200 feet. Throughout the review period of the proposal, the community has held two community meetings to hear concerns of the community and have the applicant address concerns. The applicant has also met multiple times with the Braemar development committee to discuss the design and function of the site. As of the date of the report, staff has received multiple s requesting information on the proposal. 3. Other Jurisdictional Comments - The subject site is located outside the required notification area; therefore, no other jurisdictions reviewed the application. 4. Legal Uses of the Property Those uses allowed in the accordance with the proffers would be permitted. Legal issues resulting from Planning Commission action are appropriately addressed by the County Attorney s office. 5. Timing - The Planning Commission has until December 16, 2014, 90 days from the first public hearing date, to take action on this proposal. Approval of the special use permit would meet the 90-day requirement. B. Recommend denial of. 1. Comprehensive Plan a) Long-Range Land Use - If the application is denied, the land use designation of the site would remain RPC, and the master zoning plan designation would remain RPC, Residential Planned Community - Commercial. b) Level of Service - Denial would not have any impact on the existing level of service. 2. Community Input - Notice of the application has been transmitted to adjacent property owners within 200 feet. Throughout the review period of the proposal, the community has held two community meetings to hear concerns of the community and have the applicant address concerns. The applicant has also met multiple times with the Braemar development committee to discuss the design and function of the site. As of the date of the report, staff has received multiple s requesting information on the proposal. 3. Other Jurisdictional Comments - The subject site is located outside the required notification area; therefore, no other jurisdictions reviewed the application. 4. Legal Uses of the Property The site could be developed with uses permitted with REZ #PLN Legal issues resulting from Planning Commission action are appropriately addressed by the County Attorney s office.

5 September 5, 2014 Page 5 5. Timing - The Planning Commission has until December 16, 2014, 90 days from the first public hearing date, to take action on this proposal. Denial of the special use permit would meet the 90-day requirement. V. Recommendation is that the Planning Commission accept Alternative A and recommend approval of Proffer Amendment #PLN , Birkwood at Braemar, subject to the proffers dated August 28, Staff: Stephen L. Donohoe, X5282 Attachments A. Area Maps B. Staff Analysis C. Proffer Statement & Design Guide, Modifications & Waivers, D. Braemar Master Zoning Plan E. Birkwood Layout Plan, Illustrative Plan & Landscape Plan F. Environmental Constraints Analysis G. Historical Commission Resolution

6 Attachment A Maps VICINITY MAP Page A-1

7 Attachment A Maps AERIAL MAP Page A-2

8 Attachment A Maps EXISTING ZONING MAP Page A-3

9 Attachment A Maps LONG-RANGE LAND USE MAP Page A-4

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 request to amend the proffers from REZ #PLN , to redesignate +/-7.36 acres on the Braemar Master Zoning Plan from RPC, Residential Planned Community (Commercial), to RPC (Mixed Residential/Medium-High Density). 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 Community Design Cultural Resources Yes Yes Yes The subject property is designated RPC, Residential Planned Community on the Long-Range Land Use Map. The RPC is intended to allow for a variety of housing accommodations and land uses provided in orderly relationship with one another. The proposed density and unit type are consistent with development existing within the Braemar Community. The proposed density of 7.1 units per acre is consistent with the density range envisioned for medium to high density suburban residential development and the design will promote walkability to commercial uses. The interparcel connection and associated pedestrian connection will increase vehicular and pedestrian connectivity within the community. As proffered, the site will be developed in substantial conformance with the Master Zoning Plan, Layout Plan, and Landscaping Plan. As proffered, the applicant shall develop the site in conformance with the Design Guide. High quality design and building materials will ensure compatibility with the Braemar community. A variable width buffer is shown along the property line shared with the retail center. The buffer will be reduced from 50 ft. to 40 ft. in width along portions of the property line in order to maximize parking on-site. As shown on the landscape plan, supplemental landscaping will be provided off-site along the interparcel connection from Erroll Lane to the retail center. The units located nearest to Sudley Manor Dr. will have their front facades facing the ROW. The project area was previously completely disturbed and has low potential for finding cultural resources. No cultural resource studies are recommended. Page B-1

11 Attachment B - Staff Analysis Environment Yes The site has been previously cleared, partially graded and prepped for development. The site does not contain any mapped ER, Environmental Resource or RPA, Resource Protection Area. Stormwater management (SWM) will be addressed just off-site in the existing SWM pond located on the south side of the property. A water quality contribution has been proffered. Fire and Rescue Yes The applicant has proffered a monetary contribution to mitigate LOS impacts on Fire and Rescue according to the policy guidelines. The site is within the recommended response times, but the Linton Hall Fire and Rescue Station is operating overcapacity. Housing Yes The applicant has proffered a monetary contribution to the Housing Preservation and Development Fund. Libraries Yes The applicant has proffered LOS mitigation for impacts on library services according to the policy guidelines. Parks, Open Space and Trails Yes The applicant has proffered a monetary contribution to mitigate LOS impacts on parks according to the policy guidelines. Police Yes No significant impact to police services is anticipated. Potable Water Yes As proffered, the applicant shall design and construct all on-site and off-site public water facilities. Sanitary Sewer Yes As proffered, the applicant shall design and construct all on-site and off-site public sewer facilities. Schools Yes The applicant has proffered to make a monetary contribution according to the policy guidelines. Transportation Yes The applicant has proffered to make a monetary contribution according to the policy guidelines. The proposal includes a connection from Erroll Lane, across landbay NN-1, to the retail center. The construction of the interparcel connection will retain the original design intent for providing vehicular and pedestrian linkages throughout the Braemar RPC. Page B-2

12 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 Map Designation North South East West Commercial; retail shopping center (Braemar Village) Single-family detached dwellings & townhouses Single-family detached dwellings Single-family detached dwellings RPC ER & RPC RPC SRL, ER & RPC Zoning RPC (Commerical landbay) RPC (residential landbays) RPC (residential landbays) R-4, A-1, & RPC (residential landbays) 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 for residents and employers needs. The Long Range Land Use Plan sets out policies and action strategies that further the County s goal of concentrating population, jobs, and infrastructure within vibrant, walkable, mixed-use centers serviced by transit. In addition to delineating land uses on the Long Range Land Use Map, the plan includes smart growth principles that promote a countywide pattern of land use that encourages fiscally sound development and achieves a high-quality living environment; promotes distinct centers of commerce and centers of community; complements and respects our cultural and natural resources, and preserves historic landscapes and site-specific cultural resources; provides adequate recreational, park, open space and trail amenities that contribute to a high quality of life for county residents; and revitalizes, protects, and preserves existing neighborhoods. Page B-3

13 Attachment B - Staff Analysis This site is located within the development area of the County and is classified RPC, Residential Planned Community. The following table summarizes the uses and densities intended within the RPC designation: Long-Range Land Use Plan Classification Residential Planned Community (RPC) Land Uses Intended The Residential Planned Community classification includes areas zoned RPC, Residential Planned Community. This classification is intended for planned developments not less than 500 contiguous acres under one ownership or control in those areas of the County where provisions for sanitary sewers, sewage disposal facilities, adequate highway access, and public water supply are assured. Within such planned communities, the location of all residential, commercial, industrial, and governmental uses, school sites, parks, playgrounds, recreational areas, commuter parking areas, and other open spaces shall be controlled in such a manner as to permit a variety of housing accommodations and land uses in an orderly relationship to one another. The site is located within the Braemar Residential Planned Community on the east side of Sudley Manor Dr., +/-250 ft. south of the intersection of Merrimont Trace Circle and Sudley Manor Dr. This is a request to amend the proffers from REZ #PLN , to redesignate +/-7.36 acres on the Braemar Master Zoning Plan from RPC, Residential Planned Community (Commercial), to RPC (Mixed Residential/Medium-High Density). This change will allow for the construction of up to 52 residential units (39 townhouses & 13 SFD, single family detached dwelling units). Proposal s Strengths Land Use Compatibility The RPC is intended to permit a variety of housing accommodations and land uses in an orderly relationship to one another. The request is to allow up to 52 single family detached and townhouse units adjacent to an existing retail center. The proposed density of 7.1 units per acre is consistent with the density range envisioned for medium to high density suburban residential development and the design will promote walkability to commercial uses. The proposed density and unit type are consistent with development existing within the Braemar Community. Parcel NN-1 Population Density The proposed density is allowed in the proposed Medium High Residential designation. The Medium High Residential designation permits up to 30 persons per gross residential acre. The site is +/-7.36 acres and could generate up to 167 residents for a density of +/-22.6 persons per acre. Connectivity - The proposed interparcel connection and associated pedestrian connection will increase vehicular and pedestrian connectivity within the community. Page B-4

14 Attachment B - Staff Analysis Intensity - The change from RPC-Commercial to RPC, Mixed Residential/Medium-High Density, will result in an overall reduction in daily vehicle trips generated from the property. Proposal s Weaknesses RPC Unit Cap This proposal will increase the unit cap for the Braemar Community from 3,165 units to 3,217 units. On balance, this application is found to be consistent 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. Proposal s Strengths Site Layout - As proffered, the site will be developed in substantial conformance with the Master Zoning Plan, Layout Plan, and Landscaping Plan. Design Guide As proffered, the applicant shall develop the site in conformance with the Design Guide. High quality design and building materials will ensure compatibility with the Braemar community. The units located nearest to Sudley Manor Dr. will have their front facades facing the ROW. Buffering A variable width buffer is shown along the property line shared with the retail center. The buffer shall include 320 plant units per 100 linear feet per the DCSM, but will be reduced from 50 ft. to 40 ft. in width along portions of the property line in order to maximize on-site parking. As shown on the landscape plan, supplemental landscaping will be provided off-site along the interparcel connection from Erroll Lane to the retail center. Proposal s Weaknesses Usable Open Space Area Although the applicant has committed to providing a tot-lot as a community amenity, the layout does not include a central green space or usable green space onsite as recommended by staff. Page B-5

15 Attachment B - Staff Analysis On balance, this application is found to be consistent with the relevant components of the Community Design Plan. Cultural Resources Plan Analysis Prince William County promotes the identification, evaluation, and protection of cultural resource sites throughout the County, as well as the tourism opportunities these sites present. The Cultural Resources Plan recommends identifying, preserving, and protecting Prince William County s significant historical, archaeological, architectural, and other cultural resources including those significant to the County s minority communities for the benefit of all of the County s citizens and visitors. To facilitate the identification and protection of known significant properties that have cultural resource values worthy of preservation, the land use classification County Registered Historic Site (CRHS) is used in the Comprehensive Plan. The plan includes areas of potentially significant known but ill-defined or suspected pre-historic sites, Civil War sites, historic viewsheds, landscapes or areas of potential impact to important historic sites, and encourages the identification, preservation, protection, and maintenance of all cemeteries and/or gravesites located within the County. Phase I archaeological studies are generally required at submission of rezoning and special use permit applications where significant prehistoric or historic sites and cemeteries are known or suspected. Phase II evaluations and treatment plans studies may also be required. Records research is required of all applicants for rezoning, special use permit, comprehensive plan amendment, and public facility review applications. The project area was previously completely disturbed and has low potential for finding cultural resources. No cultural resource studies are recommended. Proposal s Strengths None identified. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Cultural Resources 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 the natural environment to co-exist with a vibrant, growing economy. The Environment Plan sets out policies and action strategies that Page B-6

16 Attachment B - Staff Analysis 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. The applicant submitted an environmental constraint analysis. The site is largely cleared and has no mapped ER (Environmental Resource) area or RPA, resource protection area on-site. This site is located in Subwatershed #268, in the Broad Run watershed. A stormwater management/bmp facility is located on the south side of the parcel, but outside of Landbay NN-1. Proposal s Strengths Environmental Features - The site is has no mapped ER (Environmental Resource) area or RPA, resource protection area. Impervious Surface It is estimated that the proposed residential development will have less impervious area throughout the site than would be provided with the development of a by-right commercial center. Water Quality The applicant has proffered to make a monetary contribution in the sum of $75.00 per acre to the Board of County Supervisors for the purpose of monitoring water quality, stream restoration projects, and/or drainage improvements. Proposal s Weaknesses None identified. 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 protecting lives, property, and the environment through timely, professional, humanitarian services essential to the health, safety, and well-being of the community. The plan includes recommendations relating to siting criteria, appropriate levels of service, and land use compatibility for fire and rescue facilities. The plan also includes recommendations to supplement response time and reduce risk of injury or death to County residents, establishment of educational programs, such as cardio-pulmonary resuscitation (CPR) training, automatic external defibrillators (AED), and encourage installation of additional fire protection systems such as sprinklers, smoke detectors, and other architectural modifications. Page B-7

17 Attachment B - Staff Analysis The site is closest to the Linton Hall Fire and Rescue Station #25. It is estimated that there are approximately 2,204 incidents per tactical unit at this station, which is outside the recommended standard of 2,000 incidents per unit. It is estimated that the response time for the site would be within the recommended 4.0-minute response time for fire suppression and basic life support. It is estimated that the response time for this site would be within the recommended 8.0-minute response time for advanced life support. Proposal s Strengths Level of Service - The applicant has proffered to provide monetary contributions for the residential units in accordance with the policy guidelines. 4.0 Minute Response Time The site is within the recommended 4.0-minute response time for fire suppression and basic life support. 8.0 Minute Response Time The site is within the recommended 8.0-minute response time for advanced life support. Proposal s Weaknesses Station Workload The responses per tactical unit from the closest station are within the recommended standard. On balance, this application is found to be consistent 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 Fund. Proposal s Strengths Monetary Contribution - The applicant has proffered to provide a monetary contribution to the Housing Preservation and Development Fund. Page B-8

18 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 is the Bull Run Regional Library. It is estimated that the proposed development will generate a need for additional library space and volumes of books and periodicals. Development as proposed will generate a need for capital expenditures of $31, ($610 per detached dwelling x 13 units and $601 per townhouse x 39). The applicant has proffered this amount. Proposal s Strengths Level of Service - The applicant has proffered to provide monetary contributions for the residential units in accordance with the policy guidelines. 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 The quality of life for residents of Prince William County is linked closely to the development and management of a well-maintained system of parks, trails, and open space. Prince William County contains a diversity of park, open space, and trail resources. These parklands, open spaces, and recreational facilities play a key role in shaping both the landscape and the quality of life of Prince William County residents through the conservation of natural and cultural resources, protection of environmental quality, and provision of recreational facilities. The Parks, Open Space and Trails Plan sets out policies and action strategies that further the County s goal of providing park lands and recreational facilities of a quantity, variety, and quality appropriate to meet the needs of the Page B-9

19 Attachment B - Staff Analysis current and future residents of Prince William County. The plan includes recommendations to preserve existing protected open space, maintain high quality open space, expand the amount of protected open space within the County, and to plan and implement a comprehensive countywide network of trails. The proposed residential development is near the following area parks and trails: Type Neighborhood Community Regional Linear and Resource-Based Trails Name Braemar Linear Park Braemar Park, Prince William Golf Course Ben Lomond Braemar Linear Park Broad Run Trail Development of the site, as proposed, will generate a need for an additional 11.2 acres of parks accessible to the general public (70 acres/1,000 population), an additional 2.4 acres of county park land (15 acres/1,000 population), and capital cost expenditures of approximately $196, The applicant has proffered a monetary contribution in this amount. Proposal s Strengths Level of Service - The applicant has proffered to provide monetary contributions for the residential units in accordance with the policy guidelines. Tot-Lot A tot-lot has been depicted on the GDP and is proffered. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Parks, Open Space and Trails Plan. Police Plan Analysis Residents and businesses expect a high level of police service for their community. This service increases the sense of safety and protects community investments. The Police Plan is designed to promote Prince William County s public safety strategic goal to continue to be a safe community, reduce criminal activity, and prevent personal injury and loss of life and property, as well as to ensure effective and timely responses throughout the County. This plan encourages funding and locating future police facilities to maximize public accessibility and police visibility as well as to Page B-10

20 Attachment B - Staff Analysis permit effective, timely response to citizen needs and concerns. The plan recommends educational initiatives, such as Neighborhood and Business Watch, and Crime Prevention through Environmental Design (CPTED), which encourages new development to be designed in a way that enhances crime prevention. The plan also encourages effective and reliable public safety communications linking emergency responders in the field with the Public Safety Communications Center. Proposal s Strengths Safety and Security Measures - The Police Department has recommended the safety and security measures that should be incorporated into the design of the site. No significant impact to police services is anticipated. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Police 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. The property is within the Prince William County Service Authority service area. Public water is available to the property. Proposal s Strengths Water Connection - The applicant is required to comply with Zoning Ordinance Section , which mandates connection of the site to public water service. The proffers require the applicant to design and construct all on-site and off-site water utility improvements necessary to develop the subject use. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Potable Water Plan. Page B-11

21 Attachment B - Staff Analysis Sanitary Sewer Plan Analysis Appropriate wastewater and sanitary facilities provide needed public health and environmental protections. The Sanitary 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 Semi-Rural Residential (SRR), as well as the rural area. The property is within the Prince William County Service Authority area. Public sewer is available to the site. Proposal s Strengths Sewer Connection - The applicant is required to comply with Zoning Ordinance Section , which mandates connection of the site to public sewer service. The proffers require the applicant to design and construct all on-site and off-site sewer utility improvements necessary to develop the subject use. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Sanitary Sewer 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. The Schools Plan establishes level of service (LOS) standards for schools Countywide, based on available or project program capabilities. The Schools Plan recommends that proposed developments offset impacts on County schools by providing land for future schools and/or monetary contributions for construction of schools. Based on annually updated county-wide student generation factors, the proposed change for the dwelling units, shown on the plan, is projected to generate the following numbers of students. Page B-12

22 Attachment B - Staff Analysis School-by-school student generation rates can vary by plus or minus 50% in a specific development: SF TH TOTAL Elementary School, grades K Middle School, grades High School, grades TOTAL: Students in the proposed development will likely be assigned to the following schools: Type Name Current Enrollment Elementary School Bristow Run Elementary 706 (90.4% Capacity) Middle School Marstellar Middle 1,595 (129.4% Capacity) High School Patriot High 2,227 (110.9% Capacity) Proposal s Strengths Level of Service - The applicant has proffered to provide monetary contributions for the residential units in accordance with the policy guidelines. Future Schools Devlin Road Elementary School, located on the west side of Devlin Rd., is scheduled to open in September of A middle school in the Linton Hall Road area is planned to open in September The 12 th high school is currently under construction and is scheduled to open in The 13 th high school is planned for the western area of the county and has a planned opening date of The 14 th high school is scheduled to open September 2021 in the mid-county area. Proposal s Weaknesses Middle School The current and projected enrollment for Marstellar Middle School exceed the intended school capacity. On balance, this application is found to be consistent with the relevant components of the Schools Plan. Transportation Plan 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 creating and sustaining an environmentally friendly, multi-modal transportation system that meets the demands for intra- and inter-county trips, is integrated with existing and Page B-13

23 Attachment B - Staff Analysis planned development, and provides a network of safe, efficient, and accessible modes of travel. The plan includes recommendations addressing safety, minimizing conflicts with environmental and cultural resources, maximizing cost effectiveness, increasing accessibility of all travel modes, minimizing projected trip demand, and providing sufficient network capacity. Projects should include strategies that result in a level of service (LOS) of D or better on all roadway corridors and intersections, reduce traffic demand through transportation demand management strategies, dedicate planned rights-of-way, provide and/or fund transit infrastructure, pedestrian and bicycle pathways, and improved and coordinated access to transit facilities. This site proposes to have access from a right-in/right out from Sudley Manor Dr. and access from the interparcel connection with the retail center. A second interparcel connection will be constructed that will connect Erroll Lane across landbay NN-1 to the retail center landbay. A traffic impact analysis (TIA) was required for this application. The following table provides information concerning the daily volumes and levels of services of roadways important to this development: Number of Current VDOT Existing Daily Roadway Name Lanes Count LOS Sudley Manor Drive 4 23,000 VPD A* *The County model shows approximately 15,000 VPD and LOS A for the segment of Sudley Manor Drive in the vicinity of the proposed development. Proposal s Strengths Level of Service - The applicant has proffered to provide monetary contributions for the residential units in accordance with the policy guidelines. Interparcel Connections - The proposal includes a connection from Erroll Lane, across landbay NN-1, to the retail center. The construction of the interparcel connection will retain the original design intent for providing vehicular and pedestrian linkages throughout the Braemar RPC. The plan shows that the majority of the daily vehicle trips generated from the site will utilize the interparcel connection with the retail center to the north. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Transportation Plan. Materially Relevant Issues 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, Page B-14

24 Attachment B - Staff Analysis 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: None identified. Minimum Design Criteria Staff and other agencies that have reviewed the proposal noted the following minimum design criteria. 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 are more appropriately addressed during the site plan review. Landscaping - Landscaping/buffering/screening/tree canopy coverage shall meet minimum requirements of the DCSM as well as the proposed Landscape plan and proffers. Agency Comments The following agencies have reviewed the proposal and their comments have been summarized in relevant Comprehensive Plan chapters of this report. Individual comments are in the case file in the Planning Office: County Archaeologist DPW- Environmental Services Fire and Rescue Housing and Community Development Library Parks Authority Planning Office, Case Manager and Zoning Administration Police Department PWC Historical Commission PWC Service Authority PWC Transportation Schools VDOT Page B-15

25 PROFFER STATEMENT BRAEMAR Ducharme AdditionAmendment to Master RPC: Zoning Plan, Rezoning PLN # Amendment to Rezoning # and # PLN# LAND BAY NN-1, BIRKWOOD AT BRAEMAR Proffered Conditions Property Owner/Applicant: Brookfield Braemar, LLC. (GPIN (part)) and. (GPIN ) Maxime L. and Agnes Ducharme (GPIN s and ) William Farquhar (GPIN ) and Benedictine Sisters of Va., Inc. (GPIN ) Property: Acres7.36 acres Brentsville Magisterial District Date: December 9, 2003 August 28, 2014 This Proffer Statement Amendment shall revise only those proffers relevant to Birkwood at Braemar (Parcel NN-1) as set forth herein. The purpose of the proposed Amendment is solely to redesignate 7.36 acres of the area previously identified as a portion of Land Bay NN as a separate land bay identified as Land Bay NN-1 on the Master RPC Zoning Plan, to designate Land Bay NN- 1 as RPC, Medium High Density Residential, and to increase the total number of dwelling units permitted in the Braemar Residential Planned Community. Except as amended hereby, the Proffer Statement dated January 6, 2004, as approved by the Prince William County Board of County Supervisors as a part of rezoning case PLN# , shall remain in full force and effect and unchanged. The undersigned (undersigned being Brookfield Washington, LLC) hereby proffershereby proffer that the use and development of the subject property shall be in strict accordance with the following conditions and shall supersede all other proffers made prior hereto. relative to the property identified herein as Birkwood at Braemar and which contains approximately 7.36 acres. In the event the above-referencedthat this amendment is not granted as applied for by the Applicant, the below described proffersthis amendment to the Proffer Statement shall be withdrawn and shall becomebe null and void., and the Proffer Statement approved with rezoning case PLN# dated January 6, 2004, shall remain in full force and effect. 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 Page C-1

26 proffers. The Any improvements proffered herein shall be provided at the time of development of that portion of the site adjacent to the improvement, unless otherwise specified herein. The terms Applicant and Developer shall include all future owners and successors in interest. 1. Linton Hall Road & Sudley Manor Drive Interim Intersection Exhibit Plan ( Linton Hall Road/Sudley Manor Drive Plan ), prepared by Dewberry & Davis, dated December 7, Exhibit A, Optional Golf Course Overlay, ( Golf Course Overlay Plan ), prepared by Dewberry & Davis, dated December 7, School and Park Plan, ( School and Park Plan ), prepared by The Land Planning & Design Group, Inc., dated November 12, Sudley Manor Road Conceptual Landscape Areas, prepared by The Land Planning & Design Group Inc., dated December 14, Linton Hall Road Conceptual Landscape Areas, prepared by The Land Planning & Design Group Inc., dated December 14, In addition, the following plans or exhibits are proffered herein: 3 Rivenburg Property Illustrative Layout Plan, prepared by The Land Planning & Design Group Inc., dated April Braemar Cottage Home Streetscape Elevation, prepared by The Land Planning & Design Group Inc., dated March 1, Exhibit A Depicting a Portion of the Master RPC Zoning Plan (Exhibit A ), prepared by Dewberry & Davis, LLC, dated September 8, Ducharme Property Illustrative Layout Plan, prepared by The Land Planning & Design Group, Inc., dated June 20, This lot layout may be altered at the time of final engineering and equivalent housing unit types may be substituted with the approval of the Director of Planning or his/her designee. The exact boundary and acreage of each land bay may be shifted to a reasonable degree at the time of site plan submission for each land bay in order to accommodate engineering or reasonable design considerations. A. AMENDMENTS TO OVERALL BRAEMAR RPC A. TRANSPORTATION: Exhibit B, Master Zoning Plan. References made in this Amendment to the Master RPC Zoning Plan as required in Part 305 of the Zoning Ordinance are to be interpreted to be references to the Exhibit B, Master RPC Zoning Plan prepared by Dewberry Consultants LLC, dated October 31, 2001, as revised through February 12, 2014, which defines the boundaries of a Land Bay NN-1, and designates said Land Bay for RPC- Medium High Density Residential development. For purposes of this Proffer, reference to the ultimate Linton Hall Road alignment or the Linton Hall Road ultimate alignment shall refer to the alignment proposed on VDOT Project # , C-502. Page C-2

27 The Applicant has submitted a Transportation Impact Analysis ( TIA ) dated December 22, 1999, in connection with Rezoning PLN , PLN and PLN Traffic improvements shall be provided in accordance with Exhibit 8 entitled, Recommended Lane Usage of the TIA and shall be implemented in conjunction with development of the Property. A. Linton Hall Road: (1) Right-of-way and Improvements (a) The Applicant shall dedicate right-of-way of one hundred sixteen feet (116 ) as shown on the final approved plan # prepared by Dewberry & Davis, entitled "The Villages at Saybrooke Linton Hall Road Ultimate Improvements". * This proffer has been satisfied per Plan # and # (b) The Applicant shall construct an eight-foot (8 ) wide asphalt bike trail within the above right-of-way along the south side of Linton Hall Road and a four foot (4 ) wide concrete sidewalk within the above right-of-way along the north side of Linton Hall Road. * This proffer has been satisfied per Plan # (2) The Applicant shall construct, within existing right-of-way or right-of-way to be dedicated by the Applicant pursuant to subparagraph (1) above, Linton Hall Road improvements in accordance with the following: (a) Full section of a four-lane roadway in accordance with the MA standard along the Property frontage from Braemar Parkway toward the east side of the Broad Run bridge with a transition to existing pavement eleven hundred feet (1100 ) before the bridge. Said improvements shall be provided in conjunction with the construction of the southeast-bound freeflow right-turn lane from Linton Hall Road to Braemar Parkway. The Applicant agrees to pay fifty percent (50%) of the cost of relocating and protecting both the Transco Gas Pipelines and the Colonial Gas Pipeline, Inc. pipelines located under and within five hundred feet (500 ) of the existing bridge on Linton Hall Road. The estimate of the cost of relocating and protecting the Transco Gas and Colonial Gas Pipelines shall be provided to Prince William County when available from the VDOT Linton Hall Road design engineers who are responsible for the ultimate design of Linton Hall Road. The aforesaid fifty percent (50%) contribution shall be part of the costs provided for the funding of Linton Hall Road improvements from 1100 before the bridge to the bridge. These funds shall be cash or equivalent or, a Letter of Credit from a financial institution acceptable to the County shall be provided to the Board of County Supervisors in an amount equal to the fifty percent (50%) contribution. In the event funds are escrowed and/or in the case of a Letter of Credit, they shall either be paid or the Letter of Credit submitted at the time of issuance of the 551 st cumulative dwelling unit. If at the time the above improvements are to be provided and if the VDOT Linton Hall Road design engineers have not provided the cost estimate for the ultimate design of Linton Hall Road, the Applicant shall be responsible for providing the cost estimate of relocation and protection of both the Transco Gas Pipelines and the Colonial Gas Pipelines for the ultimate design of Linton Hall Road to Prince William County; the Applicant shall consult with both Transco and Colonial Gas Pipeline, Inc. in connection with this cost estimate should the Applicant become responsible for providing the estimate. Page C-3

28 * This proffer has been satisfied per Plan # ; Escrows posted Attachment C (b) Half-section of a four-lane roadway in accordance with the MA standard along the Property frontage from the west side of the Broad Run bridge to the western Property boundary adjacent to Land Bay KK or, if the ultimate improvements cannot be constructed at the time of development of Land Bays KK or JJ, the Applicant may escrow funds equal to the full cost of Applicant s improvements. The entrance at Land Bays JJ and KK shall be constructed as a right-in, right-out intersection with a right turn lane designed to meet both VDOT and Prince William County standards. In the event a golf course is constructed on Land Bays KK and JJ and a median break is allowed in conjunction with that use, then full intersection improvements to include left and right turn lanes shall either be constructed or escrowed as stated above. (c) Interim roadway improvements along the Property frontage of Land Bay NN, to include the intersection of Linton Hall Road and Sudley Manor Drive at the time Land Bay NN is developed, in accordance with the Linton Hall Road/Sudley Manor Drive Plan. * This proffer has been satisfied per Plan # (3) The maximum number of access points and median crossovers on Linton Hall Road along the Property frontage shall be limited to the number as reflected on the Master RPC Zoning Plan. The exact location of said access points and median crossovers shall be determined at the site plan stage. * This proffer has been partially satisfied per Plan # for those crossovers constructed to date (4) The Applicant shall at its discretion either provide improvements as specified by the appropriate governmental agencies of Prince William County, at a cost not to exceed $214, to Applicant, at the intersection of Linton Hall Road and Virginia Route 28 (''Improvements ) or provide to the Prince William Board of County Supervisors a lump sum cash contribution in the amount of $214, to be utilized either toward intersectional improvements to Linton Hall Road and Virginia Route 28 or toward improvements to the Linton Hall Road/Broad Run Bridge. Said improvements or cash contribution will be made at the time of final site plan approval for the 1830th dwelling unit in the development. Should the Applicant elect to provide Improvements up to $214, at the intersection of Linton Hall Road and Virginia Route 28, Prince William County, upon collecting $35, together with any CPI-U adjustment from Tri- Land, Inc. pursuant to Tri-Land's proffers, shall pay that amount to Brookfield Washington, L.L.C.. for use in constructing the Improvements. (It is the intent that a total of $250, plus any adjustment be available for use in constructing the Improvements.) Any funds not necessary for the construction of the Improvements shall be contributed to the Prince William Board of County Supervisors for use toward improvements to the Linton Hall Road/Broad Run Bridge at the time of completion of the Linton Hall Road/Virginia Route 28 improvements. In the event said contribution is not paid to Prince William County within four (4) years from January 1, 1996, said contribution shall be adjusted beginning in the fifth year (using the fourth year as the base) in Page C-4

29 accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject, however, to a maximum noncompounded annual adjustment of six percent (6%) until paid. * This proffer has been satisfied; monetary contribution paid (5) The Applicant shall provide one bus shelter at the intersection of Linton Hall Road and Sudley Manor Drive and one bus shelter at the intersection of Linton Hall Road and Braemar Parkway when (i) construction of seventy-five (75%) of the dwelling units allowed in the Braemar RPC is complete or (ii) a request for the bus shelter(s) is made by either Prince William County or the PRTC, whichever comes first. Both of the above bus shelters shall be placed at a location agreeable to the County and the Applicant. In the event bus service to include the Braemar community is not available when 75% of the dwelling units allowed in the Braemar RPC are complete then the Applicant shall provide to the Prince William Board of County Supervisors, in lieu of construction of two bus shelters as set forth above, a lump sum contribution in the amount equal to $5, for each of the said bus shelters (a total of $10,000.00). The $10, contribution in lieu of construction shall be made when 75% of the dwelling units within Braemar have been constructed. B. Vint Hill Road: (1) The Applicant shall reserve and dedicate, upon request of Prince William County, right-of-way up to fifty-five feet (55') from the existing centerline of Vint Hill Road along the entire Vint Hill Road frontage of the Property. * This proffer has been partially satisfied per Plan # , # , # , # , # , # Remaining dedication (frontage of Land Bays P and R) is under subdivision review per Plan # (2) The Applicant shall construct a right-turn lane, in accordance with the Virginia Department of Transportation standards, from westbound Vint Hill Road to Sudley Manor Drive. * This proffer has been satisfied per Plan # (3) The Applicant shall construct an intersection at Vint Hill Road and Land Bay O, generally as shown on the MZP, to include a right turn lane and a left turn lane from Vint Hill Road to Land Bay O in accordance with Virginia Department of Transportation standards. Said intersection shall be located seven hundred feet (700 ) from the existing or future intersection of Kettle Run Drive with Vint Hill Road and shall be constructed at the time of development of Land Bay O or at the time Sudley Manor Drive connects to Vint Hill Road, whichever occurs first. * This proffer has been satisfied per Plan # C. Sudley Manor Drive (Extended): (1) The Applicant shall reserve and dedicate, at the time of construction of the respective roadway segments, right-of-way up to one hundred sixteen feet (116 ) in width in the general alignment as shown on the Master Zoning Plan, from the property boundary at Broad Run to Vint Hill Road. * This proffer has been satisfied per Plan # , # ; # Page C-5

30 (2) The Applicant shall construct a full section of a four-lane roadway in accordance with the MA standard with a one hundred sixteen foot (116 ) right-of-way, beginning at Linton Hall Road. Said road shall be extended sequentially with land development along Sudley Manor Drive. Sudley Manor Drive shall be connected to Vint Hill Road pursuant to any one of the following events occurring: (a) Completion of construction of both one hundred ten thousand (110,000) square feet of retail/office space and one thousand seventy five (1075) dwelling units accessing Sudley Manor Drive, or (b) Completion of construction of fifteen hundred (1500) dwelling units accessing Sudley Manor Drive, or (c) Complete build out of retail/office space and completion of construction of five hundred (500) residential units accessing Sudley Manor Drive. * This proffer (paragraph (2)) has been satisfied per Plan # , # ; # (3) In the event Sudley Manor Drive is fully constructed and connected to Vint Hill Road and any one of the following events listed below occur, dual left turn lanes from Sudley Manor Drive onto Linton Hall Road and from Linton Hall Road onto Sudley Manor Drive shall be constructed at the intersection of Linton Hall Road and Sudley Manor Drive. If Linton Hall Road is at that time constructed in its ultimate alignment by the Virginia Department of Transportation as a four-lane facility with a single left turn lane in each direction (from Linton Hall Road onto Sudley Manor Drive and from Sudley Manor Drive onto Linton Hall Road) the Applicant, if warranted by Applicant s TIA, shall escrow the funds in the form of cash or equivalent or, issue a Letter of Credit from a financial institution acceptable to the County in an amount equal to the cost of the additional left turn lane in each of the two directions. (a) Completion of construction of 1205 one hundred ten thousand square feet of retail/office space and sixteen hundred fifty (1650) dwelling units and 2 pad sites each consisting of three thousand (3000) square feet GFA (gross floor area), or (b) Completion of construction of nineteen hundred sixty eight (1968) dwelling units. * This proffer (paragraph (3)) has been partially satisfied. Dual left-turn lanes from Sudley Manor Drive onto Linton Hall Road have been constructed; thresholds for construction of dual left-turn lanes from Linton Hall Road onto Sudley Manor Drive have not been reached (4) In the event the above dual left turn lanes cannot be properly constructed because Linton Hall Road is not completed by the Virginia Department of Transportation in its ultimate alignment to receive the second left turn lane from Sudley Manor Page C-6

31 Drive, the Applicant shall provide cash or the equivalent or, a Letter of Credit from a financial institution acceptable to the County in an amount equal to the cost of alternative interim intersection improvements acceptable to Prince William County and the Virginia Department of Transportation. The cost of any such additional intersectional improvements shall be a credit against the Linton Hall Road widening escrow stated in paragraph 1. A. (2) (c) hereinabove. (5) In the event the projected traffic generated by the Braemar development, as set forth in the traffic assignment submitted with each site plan on Sudley Manor Drive, exceeds 25,000 projected vehicle trips per day on the four lane section of Sudley Manor Drive, the Applicant shall construct two additional lanes so as to provide a total of six lanes on Sudley Manor Drive for that portion of Sudley Manor Drive that exceeds 25,000 projected vehicle trips per day. (6) The Applicant shall construct an eight foot (8 ) wide asphalt bike trail within the above right-of-way along one side of Sudley Manor Drive and a four foot (4 ) wide concrete sidewalk within the above right-of-way along the other side of Sudley Manor Drive across the frontage of all Landbays located on Sudley Manor Drive. * This proffer has been satisfied per Plan # , # ; # (7) The Applicant shall construct as the ultimate, once development exceeds 1. C. 3 (a) and 3 (b) above, the following turn lanes: (a) Escrowed funds in the form of cash or equivalent or, a Letter of Credit from a financial institution acceptable to the County in an amount equal to the cost of a standard two lane westbound left turn lane from Linton Hall Road onto Sudley Manor Drive or an alternative lane configuration as agreed upon by Prince William County and the Applicant shall be completed as set forth in paragraph 1. C. (3) ( Sudley Manor Drive Extended ) hereinabove only if the property which is the subject of this application has direct frontage on the ultimate Linton Hall Road alignment; (b) a standard free flow eastbound right turn lane from Linton Hall Road onto Sudley Manor Drive only if the property which is the subject of this application has direct frontage on the ultimate Linton Hall Road alignment; (c) a standard two lane northbound left turn lane from Sudley Manor Drive onto Linton Hall Road or an alternative lane configuration as agreed upon by Prince William County and the Applicant as set forth in paragraph 1. C. (3) ( Sudley Manor Drive Extended ) hereinabove only if the property which is the subject of this application has direct frontage on the ultimate Linton Hall Road alignment; * This proffer has been satisfied per Plan # (d) a standard right and left turn lane at all median openings along Sudley Manor Drive. * This proffer has been satisfied per Plan # , # ; # Page C-7

32 The Applicant shall phase the above improvements with the development of the Property. At the time of the final phase of construction (build-out) for the development, Sudley Manor Drive will include two (2) through lanes northbound and two (2) through lanes southbound in addition to the required turn lanes, all as set forth hereinabove. Appropriate interim improvements for each phase of Sudley Manor Drive shall be as set forth in the Traffic Impact Analysis and Linton Hall Road/Sudley Manor Drive Plan. D. Braemar Parkway: (1) (a) The Applicant shall reserve and dedicate, at the time of construction, right-of-way up to one hundred sixteen feet (116 ) in width in the general location as shown on the Master RPC Zoning Plan for Braemar Parkway. * This proffer has been satisfied per Plan # (b) The Applicant shall construct two (2) four-foot (4') wide asphalt pedestrian trails outside the right-of-way along both sides of Braemar Parkway. * This proffer has been satisfied per Plan # , # /02 (2) Braemar Parkway, southwest of Iona Sound Drive, shall be transitioned in accordance with standards approved by the Virginia Department of Transportation and Prince William County to a two-lane, divided, bifurcated (where feasible) roadway. Along the majority of Braemar Parkway, a shoulder will be provided adjacent to each through lane as well as a variable width naturally vegetated median and a variable width right-of-way. In addition, conservation areas shall be provided within the right-of-way along with clear areas for safety, as well as median openings and right and left-turn lanes, when warranted by VDOT and Prince William County, at the median openings. Landscaping shall be maintained by the Homeowners Association in accordance with a Landscaping Maintenance Agreement. Braemar Parkway shall terminate into a roundabout or an approved Virginia Department of Transportation equal, in the general area shown on the MZP. * This proffer has been satisfied per Plan # /02 E. Drive-Way Access: No individual residential lots shall have direct access to Linton Hall Road, Sudley Manor Drive or Braemar Parkway. F. Signalization: The Applicant shall provide traffic signals, if and when warranted by the Virginia Department of Transportation at any time during development of the Property, at the following locations: (1) Intersection of Braemar Parkway and Linton Hall Road: (a) The Applicant shall provide 85.64%, and Tri-Land, Inc. shall provide 14.36% pursuant to Tri-Land's proffers, of the cost of a four-way intersectional traffic signal to the Prince William Board of County Supervisors when the warrants are met for said signal. In the event either Brookfield Washington, L.L.C.. or Tri-Land takes full responsibility for the installation of the four-way signal, Prince William County, upon collecting from the other party the proportionate percentage of said signal, shall pay that amount to the party providing the installation. Page C-8

33 In addition, should either party fail to pay its full percentage costs within thirty (30) days of completion of installation, Prince William County shall also collect and pay to the party providing the installation of the signal the unpaid percentage balance plus six percent (6%) per annum until the amount is paid in full; (b) In the event less than a four-way signal is warranted and is later upgraded to a four-way signal, both parties shall proportionately share in the full cost of a lesser signal and any future upgrades to a four-way signal at the intersection of Braemar Parkway and Linton Hall Road in accordance with 1. F. (1) (a) above; (2) Intersections of internal local streets with Braemar Parkway; (3) Intersection of Sudley Manor Drive and Linton Hall Road; (4) Intersections of internal local streets with Sudley Manor Drive that are located within the subject Property; (5) Intersection of Sudley Manor Drive and Vint Hill Road; (6) Intersection of Sudley Manor Drive and the primary entrance to Land Bay NN. * Warrants have not been reached at this time for any of the proffered intersections G. Interparcel Connections: (1) In the event the Applicant acquires all the adjoining properties located between Land Bays KK and JJ and Sudley Manor Drive at any time during development of the Property, an interparcel connection constructed in accordance with the typical section to be determined at the time of site plan review shall be provided through said parcels to provide access to Sudley Manor Drive and/or alternative access to Linton Hall Road from and/or adjacent to Land Bays JJ and KK. (2) The Applicant agrees to provide a connection within a sixty foot (60') right-of-way from the Property to an adjacent property to the east in a location through Land Bays I, generally as shown on the Master RPC Zoning Plan. The exact location of said connection shall be determined by the Applicant and Prince William County at the time of submission of the preliminary subdivision plan. * This proffer has been satisfied per Plan # and an unproffered interparcel connection has been provided per Plan # (3) The Applicant agrees to provide interparcel connections between land bays within the Property at the time the respective land bays are developed and to the extent reasonably possible. * This proffer is ongoing. To date, appropriate interparcel connections have been provided between Land Bays Page C-9

34 (4) The Applicant shall provide a reservation for an interparcel connection to Pioneer Drive from Land Bay RR. The exact location of said reservation shall be determined by the Applicant at the time of submission of the preliminary subdivision plan for Land Bay RR. * Reservation for interparcel connection to Pioneer Drive from Land Bay RR and SS per approved preliminary plan # (5) The Applicant shall provide a reservation for an interparcel connection along the westerly boundary of either Land Bay QQ or UU. The exact location of said reservation shall be determined by the Applicant at the time of submission of the preliminary subdivision plan for either of the land bays. * Reservation for interparcel connection along the westerly boundary of Land Bay QQ per approved preliminary plan # (6) The Applicant shall provide a reservation and dedicate the land for an interparcel connection along the easterly boundary of Land Bay VV, to Prince William County at any time it is requested after the date of final rezoning of the subject application. The exact location of said reservation and future dedication shall be determined by the Applicant at the time of submission of the preliminary subdivision plan for Land Bay VV. * Reservation for interparcel connection along the easterly boundary of Land Bay VV per preliminary plan # , approved February 21, 2003 (7) The Applicant shall provide a reservation and dedicate to the Virginia Department of Transportation at any time it is requested after the date of final rezoning of the subject application, the land for interparcel connections on those boundaries of Land Bay WW that are shown on Exhibit A. The exact location of said reservations and future dedications shall be determined by the Applicant and the Department of Public Works Transportation Division at the time of submission of the preliminary subdivision plan for Land Bay WW. (8) The Applicant shall provide a reservation for private driveway access easement from Land Bay WW to Lots 59 and 60. Said access easement shall be deeded to each respective lot owner when and if the existing direct driveway access from Lots 59 and 60 to Linton Hall Road is permanently vacated. The Applicant shall notify the Prince William County Planning Page C-10

35 Office at the time the property owner of either Lot 59 and/or Lot 60 requests dedication of said access easement. H. Acreage proffered in connection with public use sites shall not include public right-of-way for Braemar Parkway, Sudley Manor Drive and Vint Hill Road. I. (1) Applicant shall dedicate at no cost to the County and VDOT, when requested by the County or VDOT, the rights-of-way and necessary easements on the subject Property required for the road improvements proffered herein and shown on the generalized development plan. In the event that off-site right of way is necessary for the construction of any of the public improvements as proffered by Applicant, Applicant shall make its good faith, best efforts (including a bona fide offer and payment of the fair market value for the necessary property, as determined by an appraiser licensed in Virginia, and expenditure of Applicant's other non-financial resources) to acquire at Applicant's expense or to cause to be donated all necessary right-of-way, including temporary construction easements, drainage easements, utility easements and other easements necessary to effectuate such construction of the proffered public improvements. (2) In the event Applicant is unable to purchase or obtain right of way or easements necessary to construct proffered public improvements from the owners (other than Applicant or entities related to Applicant), the Applicant shall request the County to acquire the right of way and easements by means of its condemnation powers at Applicant's expense. Applicant's request shall be in writing and shall comply in all respects with the County's Eminent Domain Policy. Said request shall be made to the appropriate County agency and shall be accompanied by the following: (a) The names of the record owners, the property addresses, tax map parcel numbers and GPIN numbers for each landowner from whom such right of way and/or easements are sought. (b) Plats, plans and profiles showing the necessary right of way and/or easements to be acquired and showing the details of the proposed transportation improvements to be located on each such property. (c) An independent appraisal of the value of the right of way and easements to be acquired, and any and all damages to the residue of the involved property, said appraisal to be performed by an appraiser licensed in Virginia and approved by the County. (d) A 60 year title search of each involved property. (e) Documentation demonstrating to the County's satisfaction Applicant's good faith, best efforts to acquire the right of way and/or easements, at a cost of at least the appraised value of the involved property interests. (f) A letter of credit acceptable to the County, cash or equivalent (from a financial institution acceptable to the County) in an amount equal to the appraised value of the property to be acquired, and all damages to the residue, together with an amount representing Page C-11

36 the County's estimate of its cost of condemnation proceedings, in a form permitting the County to draw upon the same as necessary to effectuate the purposes hereof. (g) An Agreement signed by Applicant's representative and approved by the County Attorney whereby Applicant agrees to pay all costs of the condemnation, including expert witness fees, court costs, exhibit costs, court reporter fees, attorney fees for the Office of the County Attorney, and all other costs associated with the litigation, including appeals. The Agreement shall specifically provide that in the event the property owner is awarded in the condemnation suit more than the appraised value estimated by Applicant's appraiser, Applicant shall pay to the County the amount of the award in excess of the amount represented by the letter of credit or cash deposit within 15 days of the award. J. In the event Prince William County or Virginia Department of Transportation constructs any of the proffered road improvements prior to the time the Developer is obligated to construct, the Developer agrees to, at the time it would have been required to construct, pay the County the cost of such construction completed by the governmental agencies. The County agrees that the Developer shall have the right to review and comment (but not have approval authority) on all designs and specifications for such construction, participate in the bidding for such construction as a contractor, and, in fact, construct such improvements if the Developer desires at the time such improvements would have been constructed by the County or Virginia Department of Transportation. K. Western Bypass (1) The Applicant shall construct no houses or other permanent structures within an area that is a possible location for the Western Bypass, two hundred thirty feet (230 ) wide (the Area ) immediately contiguous to the eastern boundary of the two hundred forty foot (240 ) wide power line right-of-way located on portions of Land Bays II, MM, UU and QQ for a period of four (4) years from the date of approval of this rezoning (Rezoning PLN , approved by the Prince William Board of County Supervisors on June 6, 2000) provided, however, that the Applicant may: (a) obtain site and subdivision plan approvals using normal processes for obtaining such approvals in Prince William County for residential lots in the Area; and Page C-12

37 (b) the Applicant may construct roadways perpendicular to the Area to serve its property on the western side of the power line; and Area. (c) the Applicant may construct temporary structures within the (2) If VDOT, in cooperation with the Federal Highway Administration, has not during the four year period officially adopted the Area as the final alignment for the Western Bypass, this proffer and the restrictions contained herein shall expire and the Applicant shall be able to fully develop the Area as if this Proffer had never existed. L. Land Bay VV (1) Public street access shall be provided to Land Bay VV from Linton Hall Road through Land Bay WW, as shown on Exhibit A. There shall be no direct access to Linton Hall Road from Land Bay VV. (2) Private street access shall be provided to Land Bay VV from Sudley Manor Drive through Land Bay NN, the location to be determined at site plan. (3) The entire alley width of the proposed alley design for the Cottage Homes to be constructed on Land Bay VV shall be 16 feet, consisting of a 12-foot wide pavement strip (one-way) and a 2-foot shoulder on each side of the pavement strip. (4) All of the Cottage Homes in Land Bay VV shall front on either a public street or a PS-1 Standard Private Street. M. Land Bay SS Public street access shall be provided by the Applicant to Land Bay SS. Access to Parcel D in Land Bay SS shall be provided through Land Bay SS. * This proffer has been partially satisfied per Plan # , # N. Pioneer Drive No vehicular access to Pioneer Drive shall be provided through the subject property by the Applicant/Developer. O. Land Bay WW Public street access to Land Bay WW shall be provided from Linton Hall Road in the location as generally shown on Exhibit A. 2. USES AND DENSITY: Amendment to Proffered Condition 2.C. There shall be a unit cap of ,217 dwelling units on the subject property; in the event Tri-Land, Inc. Page C-13

38 (now Saybrooke, whose land was a portion of the original RPC rezoning) does not achieve its maximum number of proffered dwelling units, Brookfield Washington, L.L.C. shall have the right to develop those units, up to 525, not developed on Tri-Land's property. A. (1) The following sets forth the development parameters on the Property: Land Bay Type of Development D E F G H I J K M N O P Q R S T U V W X Y Z AA BB CC DD-1 DD-2 EE FF HH II LL Mixed Residential Single-Family Detached Single-Family Detached Recreation Mixed Residential Mixed Residential Mixed Residential Single-Family Detached Mixed Residential Mixed Residential Single-Family Detached and/or Elementary School Commercial Single-Family Detached Public Use Public Use/Recreation Public Use Mixed Residential Intermediate School Public Use Public Use Mixed Residential Mixed Residential Recreation Mixed Residential Mixed Residential Mixed Residential Mixed Residential/Age Restricted Mixed Residential Mixed Residential/Age Restricted Mixed Residential Mixed Residential JJ Mixed Residential, Active Recreation to include a public golf course or private school and/or Daycare KK Church, Private School and/or Daycare or active recreation only if a public golf course is constructed Mixed Residential Page C-14

39 MM NN OO PP QQ RR SS TT UU VV WW Attachment C Mixed Residential Commercial/Office Mixed Residential Single-Family Detached Single-Family Detached Single-Family Detached Single-Family Detached Mixed Residential Single-Family Detached Mixed Residential Mixed Residential (only single-family detached units shall be permitted) (2) The Applicant reserves the right to develop a mix of housing unit types, to include single-family detached, townhouse, and multi-family in land bays other than those designated for single-family detached units. Each of the housing unit types in the PMR District ( of the Prince William County Zoning Ordinance) is either a single-family dwelling, townhouse or multi-family unit type, for purposes of this Proffer all of the above housing types shall be referred to as "Mixed Residential" in land bays other than those designated for singlefamily detached units. In order to assure an overall mix of housing unit types on the Property, in no event shall upon build out the ultimate percentage of each housing unit type exceed the following: single-family detached - 50%; townhouse - 28%; multi-family or multi-plex - 12%; and in addition to these units there shall be allowed a mix of these three types of units as age restricted units, totaling not less than 475 units, on land bays consisting of 25 acres or more, a minimum of two of the above unit types shall be provided, with the exception of land bays which are developed with single family detached units. The Developer shall have the option to determine which unit types are provided. The developer may increase the percentage of single family dwellings provided that the Developer pays the amount of the impact caused by changing either multi-family or single family attached to single family detached units; the impact amount would be $ and $ per unit, respectively. * This proffer is ongoing. Residential units to date are below the use percentages allowed (3) No more than one hundred one (101) dwelling units will be constructed on the approximately 101 acres zoned "Low Density" south of Braemar Parkway in and adjacent to Land Bays K, O and Q; cluster development, in accordance with the standards of the Zoning Ordinance of Prince William County may be provided. * This proffer has been satisfied per Plan # , # , # (4) The Applicant may construct a contractor s shop within Land Bay SS provided the shop is operated solely by the Applicant for the purpose of carpentry and assembly of building panels for residential units on the Property. The building shall have sound insulation on the two sides nearest the existing houses served by the access easement off Pioneer Drive. * This proffer has been satisfied per Plan # Page C-15

40 B. For purposes of calculating density pursuant to Part of the Zoning Ordinance, all dedications and conveyances of land for public use shall be credited in said calculations. C. There shall be a unit cap of 3165 dwelling units on the subject property; in the event Tri-Land, Inc. (now Saybrooke, whose land was a portion of the original RPC rezoning) does not achieve its maximum number of proffered dwelling units, Brookfield Washington, L.L.C.. shall have the right to develop those units, up to 525, not developed on Tri-Land's property. (1) There shall be a unit cap of seventy-two (72) dwelling units on Land Bay VV, as shown on the Rivenburg Property, Illustrative Layout Plan, dated April 2002, prepared by The Land Planning & Design Group, Inc. ( Rivenburg Property Plan ). (a) Land Bay VV shall be developed in substantial conformance with the Rivenburg Property Plan. (b) A maximum of forty-four (44) units of the 72 dwelling units may be constructed on Land Bay VV as cottage homes; these units shall be constructed in accordance with the Cottage Home Typical as shown on the Rivenburg Property Plan. For purposes of this proffer, cottage homes are defined as single family attached units that can be constructed on the subject property; only in the instance of the monetary proffers will the cottage home units be treated as single family detached units. Page C-16

41 (c) Attachment C A maximum of twenty-eight (28) single-family detached units of the 72 dwelling units permitted on Land Bay VV may be constructed on the remainder of Property. (d) Paragraph 2. (Uses and Density) A. (2) that sets forth maximum percentages of certain housing types shall not apply to Land Bay VV. (e) Specific unit types and a lot layout (Rivenburg Property Plan), as set forth above, shall control the development of Land Bay VV. (2) A maximum of one (1) single family detached dwelling unit may be located on Parcel C (Land Bay Q). (3) Land Bay WW (a) There shall be a unit cap of sixty (60) single-family detached dwelling units on Land Bay WW, to include two existing homes. (b) Land Bay WW shall be developed in substantial conformance with the Ducharme Property Illustrative Layout Plan. This lot layout may be altered at the time of final engineering and equivalent housing unit types may be substituted with the approval of the Director of Planning or his/her designee. (c) Paragraph 2. (Uses and Density) A. (2) that sets forth maximum percentages of certain housing types shall not apply to Land Bay WW. D. Within the RPC-Commercial zoning district (Land Bay NN), the following uses shall be prohibited on the Property: Ambulance service maintenance facility Crematorium Fraternity, sorority, ancillary to college, university or seminary Mobile home and office sales, lease or service Motor vehicle fuel station, nonretail Motor vehicle impoundment yard Heliport Helistop Race track Secondary residential Taxi and limousine dispatching Telecommunications tower Page C-17

42 Travel trailer and camp park Truck stop with related facilities Commercial parking Company vehicle service facility Theater (drive-in) Truck stop with related facilities Attachment C (1) The shopping center located on the east side of Sudley Manor Drive, exclusive of pad sites, office space and remaining retail space on the east and west sides of Sudley Manor Drive, shall consist of no more than one hundred twenty five thousand (125,000) square feet of retail space. (2) No more than three (3) retail and/or office buildings shall be located along the Linton Hall Road frontage of the RPC-Commercial property. (3) For purposes of defining the parameters of development on the RPC- Commercial portion of the Property (Land Bay NN), the following shall apply: (a) Retail buildings shall be a maximum of one story, not to exceed thirty five feet (35 ) in height exclusive of architectural features unless approved by a special use permit application and office buildings shall not exceed forty feet (40 ) in height exclusive of architectural features unless approved by a special use permit application. (b) One right in/right out entrance shall be allowed as generally shown on the MZP along the Linton Hall Road frontage of Land Bay NN and shall be constructed in accordance with Prince William County and the Virginia Department of Transportation standards. (c) Light fixtures located within the RPC-Commercial development shall be no more than twenty (20) feet high. Street lighting shall be provided at the principal access point to Land Bay NN at the time of development. (d) A street light shall be provided at the private access point to Land Bay VV from Land Bay NN, at the time of development of Land Bay VV. (4) All buildings located within Land Bay NN shall be architecturally compatible and consistent. This proffer shall not be interpreted to preclude the ability of individual users to utilize architectural themes that incorporate corporate logos as an element of the overall coordinated theme. Page C-18

43 (a) The primary materials utilized on the exterior front and side walls/facades of buildings located in Land Bay NN shall be brick, brick veneer, wood, stone, or a combination of these materials or, other building materials acceptable to the Prince William County Planning Staff. Materials other than the primary materials set forth above may be used on the trim and architectural accents located on the buildings. (b) Exterior mechanical and electrical equipment including air conditioning equipment, air handling equipment, transformers, vents and fans, and pumphouses, shall be screened by the building exterior walls or by building materials similar to those used in the principal structure or by means of berming or landscaping. (c) For those portions of Land Bay NN with frontage on Linton Hall Road, the Applicant shall make a reasonable effort to locate loading areas and outside storage with an orientation away from Linton Hall Road with the objective of minimizing the visibility of said uses from Linton Hall Road. In the event loading and/or outdoor storage have to be oriented toward Linton Hall Road, said areas shall be screened with landscaping, walls or fencing. (d) Dumpsters shall be located as unobtrusively as reasonably possible on Land Bay NN and shall be screened with material similar to the principal structure. Gates shall be covered with opaque materials and shall remain closed when dumpster areas are not in use. (e) Rooftop mechanical equipment will not be visible from public streets and will be enclosed with a durable material (other than wood) that is used consistently throughout the development and matches the color and architectural style of the buildings. (f) Peaked, hip mansard, false mansard, false gable roofs, parapets, or comparable design features which alleviate the appearance of a flat roof will be utilized on building structures located in Land Bay NN. (g) Lighted canopies/facias and bare neon tubing shall be prohibited. (5) No development shall occur on the 5.23 acre portion of Land Bay NN approved with rezoning PLN until five years from the date of approval of said rezoning (December 4, 2001) or until the time of construction by others of the ultimate Linton Hall Road as shown on the Exhibit Showing Addition to RPC, whichever comes first. The Addition to Land Bay NN, as approved in rezoning PLN , shall be as shown on the exhibit ( Exhibit ) entitled Braemar, Addition to RPC (Land Bay NN), prepared by Dewberry & Davis, LLC, dated April 27, Page C-19

44 * Commercial development is by others per Final Construction Plan # Attachment C E. Age Restricted Housing located on a portion of the Property (1) At least eighty percent (80%) of the occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply. a. All other residents must reside with a person who is 55 years of age or older, and be a spouse, a cohabitant, an occupant s child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is 55 years of age or older. Notwithstanding this limitation, a person hired to provide line-in, long term or terminal health care to a person who is 55 years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. b. Guests under the age of 55 are permitted for periods of time not to exceed sixty (60) days of total for each such guest in any calendar year. c. If title to any lot or unit shall become vested in any person under the age of 55 by reason of descent, distribution, foreclosure or operation of law, the age restriction covenant shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he shall have attained the age of 55 or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. (2) A maximum of twenty percent (20%) of the occupied residential units shall be allowed to be occupied by at least one person fifty (50) years of age or older and within such units the following conditions shall apply: a. All other residents must reside with a person who is 50 years of age or older, be a spouse, a cohabitant, an occupant s child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is 50 years of age or older. Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health care to a person who is 50 years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. b. Guests under the age of 50 are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. c. If title to any lot or unit shall become vested in any person under the age of 50 by reason of descent, distribution, foreclosure or operation of law, the age restriction covenant shall not work a forfeiture or reversion of title, but rather, such person Page C-20

45 thus taking tile shall not be permitted to reside in such lot or unit until he shall have attained the age of 50 or otherwise satisfied the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. d. The above described use restrictions may be amended from time to time in accordance with applicable local and state regulations governing age restricted housing and the Federal Fair Housing Act so long as the substantive intent as set forth herein is maintained. In no event shall the minimum age of residents be less than the ages set forth hereinabove. * Age restricted housing covenants are incorporated into the HOA declarations for the portion of the Property identified as Dunbarton, Land Bays DD-2 and FF 3. ENVIRONMENTAL: A. Grading: Protection of steeply sloped areas will be provided by the Applicant as described hereinbelow: Clearing and grading will not occur on any slopes of twenty-five percent (25%) or greater in Land Bays F, M, FF and SS except for trails, perpendicular road crossings, utilities, golf course, drainage and stormwater management facilities. * No steep slope disturbance in Land Bay F (construction completed in 1997), Land Bay M (construction completed in 2001), Land Bay FF (construction ongoing since 2000) and Land Bay SS (per Plan # ) B. Floodplain Areas (1) No clearing or grading shall occur within any areas of the 100-year floodplain, except for access to and the installation of utilities, soccer/football fields, golf course, tot lots located adjacent to Landbays D and E to serve the residents of those developments, stormwater management facilities and perpendicular road crossings wherever possible. (2) No clearing or grading shall occur within any areas of the 100-year floodplain on Land Bay VV, except for access to and the installation of utilities and pedestrian trails. (3) Development of Land Bay KK for a church use, private school, and/or daycare, golf course or other public use activities on the Property, such as a linear park/trail, shall be exempt from the floodplain disturbance restrictions provided the required permits are secured. C. Buffers and Conservation Easements: (1) Buffer and Conservation Easements/Broad Run: A one-hundred-foot (100') wide undisturbed buffer shall be provided outside of any platted lot immediately adjacent to the banks located on both sides of Broad Run and no lot will contain area platted in the RPA buffer area. (2) Conservation Easements/Floodplain Not Adjacent to Broad Run: Except in Land Bay E, a twenty-foot (20') wide buffer shall be provided outside of any platted lot immediately adjacent to the 100-year floodplain. The ten feet (10') adjacent to the floodplain shall Page C-21

46 be undisturbed. The ten feet (10') adjacent to the lots may be disturbed and, if disturbed, shall be revegetated by planting trees equal to the number of trees removed by the disturbance. (3) The above disturbed and undisturbed buffers as well as conservation easements not located within a platted lot and/or parcel shall be part of the common areas owned by the Homeowners Association. Covenants to be created as part of the Homeowners Association documents shall provide for maintenance of said areas by the Homeowners Association. D. Other: (1) The Applicant shall provide, as required by Watershed Management or where appropriate, two-layer erosion and sediment control devices for all development adjacent to the floodplain areas of Broad Run. (2) The Applicant shall provide an Integrated Pest management Plan or equivalent for pesticides, fungicides and herbicides to be applied to the golf course at the time of submission of the final site plan for the golf course. (3) The Applicant shall contribute a lump sum contribution at the time of issuance of the first building permit on Land Bay NN, to the Prince William Board of County Supervisors in the amount of Seventy Five and No/100 Dollars ($75.00) per acre for the land consisting of 95 acres and 5.23 acres approved in rezoning PLN , totaling acres. Said contribution shall be in the amount of $7, and is to be utilized for water monitoring purposes. (4) The Applicant shall contribute a lump sum contribution at the time of submittal of the final subdivision plan for the acreage in each of Land Bays QQ, PP, UU, RR, SS, TT, and P, to the Prince William Board of County Supervisors in the amount of Seventy Five and No/100 Dollars ($75.00) per acre for the land contained in the above land bays, the total not to exceed 296 acres. Said contribution is to be utilized for water monitoring purposes. * This proffer was satisfied with the exception of Land Bay W which is a public use site therefore no contribution is required (5) The Applicant shall contribute the sum of $75.00 per acre, i.e., Two Thousand Nine Hundred Sixty One and No/100 Dollars ($2,961.00) for the acres representing the land in Land Bay VV, Parcels C (portion of Land Bay Q), D (portion of Land Bay SS) and E (portion of Land Bay TT) to the Prince William County Board of County Supervisors for monitoring water quality. Said lump sum contribution shall be paid at the time of the issuance of the first building permit for construction of a single family detached dwelling unit on each respective parcel. Page C-22

47 (6) The Applicant shall contribute the sum of $75.00 per acre, (i.e., One Thousand Nine-Hundred Sixty Five and 00/100 Dollars) for the 26.2 acres representing the land in Land Bay WW to the Prince William County Board of County Supervisors for monitoring water quality. Said lump sum contribution shall be paid prior to and as a condition of the approval for the first site plan for Land Bay WW. (7) At the time of subdivision plan submission, the tree canopy requirements pursuant to Section 800 of the Design and Construction Standards Manual for Parcels C (Land Bay Q), D (Land Bay SS) and E (Land Bay TT) that are the subject of this rezoning, shall be met on each individual parcel. (8) A preliminary subdivision plan for Land Bay VV and Land Bay WW shall be filed separately from and shall not expand the subject area of any other preliminary subdivision plan for the Braemar RPC. Tree Canopy Compliance shall meet the minimum requirements of Prince William County. (9) A geotechnical study of Land Bay VV and Land Bay WW shall be conducted by a qualified professional and the results of said study shall be submitted to Prince William County with subdivision plan submission for Land Bay VV and Land Bay WW, respectively. 4. COMMUNITY FACILITIES/PUBLIC USE AREAS: A. School Sites (1) The Applicant shall dedicate approximately 15 acres of land to Prince William County or the Prince William County School Board for use as an elementary school site, said site being identified as a portion of Land Bay O on the Master RPC Zoning Plan. The Applicant shall rough grade the site to within one foot (1 ) of the final grade using practices and materials acceptable to the School Board staff and engineer. The Applicant shall grade the site no later than the time of issuance of the building permit for the 1,000 th cumulative dwelling unit and the School Board staff shall have the right to inspect the grading activity. The Applicant reserves the right to use the graded areas on a temporary basis for use as play fields or playgrounds, which temporary use shall terminate at the time of final site plan approval for the construction of the school. The Applicant shall convey said school site, at no cost to Prince William County, at the time a building permit is issued for the 600th cumulative residential unit. The Applicant shall provide access to the site from a local neighborhood street and shall provide access to water and sewer at a point acceptable to the School Board along the property boundary at the time a building permit is issued for the 1,000th cumulative residential unit. Access shall be in the general area shown on the School and Park Plan. * This proffer has been satisfied per Interim Grading Plan # and the elementary school site was conveyed in 05/2000 (2) The Applicant shall dedicate approximately 36 acres of land to Prince William County or the Prince William County School Board for use as an intermediate school site, said site being identified as Land Bay V on the Master RPC Zoning Plan. The Applicant shall convey said school site, at no cost to Prince William County, when requested by the Prince William County School Board after the final rezoning of the subject property. The Applicant shall provide Page C-23

48 access to the site and provide access to water and sewer as soon as reasonably possible after the final rezoning of the Property. * This proffer has been satisfied. The middle school site was conveyed in 2001; access and utilities were completed per Plan # (3) The Applicant agrees to grade the intermediate school site referenced above and the Prince William County School Board agrees to reimburse the Applicant for one half of the Applicant s costs for grading the intermediate school site. The Applicant will grade said school site using plans provided by the School Board and using procedures and materials acceptable to the School Board. * This proffer has been satisfied. The grading was completed in 2001; reimbursement by the School Board of one-half the costs for grading has been satisfied (4) There shall be no disturbance of the school sites referenced in subparagraphs (1) and (2) above except in conjunction with development of the schools including the site grading of the elementary and intermediate school, construction of roads and utilities or the stockpiling of topsoil as referenced in subparagraph (4) below without permission of the Prince William County School staff. * This proffer has been satisfied (5) The Applicant shall provide approximately 30,000 cubic yards of topsoil to be used in conjunction with development of the intermediate school site, said topsoil to be stockpiled on the site in accordance with an approved plan for said stockpiling at the time Sudley Manor Drive and/or the commuter lot are constructed. The Applicant may also stockpile additional material on the school site provided it is removed when requested by the appropriate school staff. * This proffer has been satisfied (6) The Applicant shall provide stormwater management facility(s) to accommodate stormwater runoff for each school site, said facility(s) to be located off of the respective school sites. * This proffer has been satisfied per Plan # , # (7) At the time the respective school sites are deeded to the County, the Applicant shall provide, at the Applicant's expense, a boundary survey and shall stake the corners of each site. * This proffer has been satisfied B. Police Substation Site The Applicant shall dedicate approximately 2 acres of land to the Prince William County Board of Supervisors for use as a potential police substation site, said land being identified as Land Bay W on the Master RPC Zoning Plan. The Applicant shall convey said site, provide access at a median crossover to the site and provide access to water and sewer at one point along the property boundary at the time a building permit is issued for the 2,175th cumulative residential unit. C. Fire/Rescue Site Page C-24

49 (1) The Applicant shall dedicate approximately 3.6 acres of land to the Prince William County Board of Supervisors for use as a potential fire/rescue site, said land being identified as Land Bay R on the Master RPC Zoning Plan. The Applicant shall convey said site at the time a building permit is issued for the 800th cumulative dwelling unit or when the Fire and Rescue Department has the funds to build the fire/rescue station at the above site, whichever occurs first, and provide permanent street access via Sudley Manor Drive and provide access to water and sewer at one point along the property boundary at the time a building permit is issued for the 2,175th cumulative residential unit. (2) Any temporary access connecting Land Bay R to Vint Hill Road shall be vacated at the time Sudley Manor Drive is connected to Vint Hill Road. (3) All rights-of-way and associated easements necessary to connect with Vint Hill Road, to widen Vint Hill Road and to construct the intersection of Sudley Manor Drive to Vint Hill Road shall be taken from Land Bay R or, if Land Bay R has been conveyed to the Prince William Board of County Supervisors, such rights-of-way and/or easements shall be provided at no expense to the Applicant. * The threshold for conveyance has been reached. A Plat has been submitted for review as Plan # to initiate the process of subdivision approval D. Library Site The Applicant shall dedicate approximately 2.6 acres of land to the Prince William County Board of Supervisors for use as a potential library site, said land to be co-located with the school site and identified as Land Bay T on the Master RPC Zoning Plan. The Applicant shall convey said site, provide access to the site and provide access to water and sewer at one point along the property boundary at the time the construction permit is issued for the segment of Sudley Manor Drive that is to be constructed across the frontage of Land Bay T. * The threshold for conveyance has been reached. A Plat has been submitted for review as Plan # to initiate the process of subdivision approval E. Commuter Parking Lot Site The Applicant shall dedicate land for one hundred twenty five (125) commuter parking spaces to the Prince William County Board of Supervisors for use as a commuter parking lot, said land being identified as Land Bay X on the Master RPC Zoning Plan. The Applicant shall convey said site at the time a building permit is issued for the 1500th cumulative dwelling unit. Prior to the availability of Land Bay X for use as a commuter parking lot and upon the request of Prince William County, the Applicant agrees to make available another site or sites of comparable size for use as a commuter parking lot on a temporary basis. Said alternative site shall be located outside the floodplain on property controlled by the Applicant, with the specific location to be mutually agreed upon by the Applicant and the County. The Applicant agrees that upon such a temporary location having been identified, the County shall retain the right to remain in such location for two (2) years. In the event Land Bay X is not available for use as the permanent commuter lot after expiration of said two year period, the Applicant may extend the County's right to the continued use of the original lot or provide the County with another temporary location for up to another two (2) year period. Such extensions or new alternate sites shall be provided to the Page C-25

50 County until such time that Land Bay X is available. Any such parcel provided for a temporary commuter lot shall be used exclusively for such purpose and shall be provided to the County at no cost to the Applicant. The County's right to use said sites is conditioned upon no dumping of material, oil, toxic waste or the like beyond that normally and typically anticipated with the authorized use. Upon vacating any temporary lot, Prince William County shall leave such lot free and clear of any pollutant, hazardous material, dirt, vehicles, refuse accumulations, or any other items not originally found on the lot. The cost of development and/or relocation of said temporary commuter parking lots shall be the sole responsibility of Prince William County. * The threshold for conveyance has been reached. A Plat has been submitted for review as Plan # to initiate the process of subdivision approval F. General Provisions (1) Notwithstanding the potential uses of the parcels referenced in subparagraphs C through E above, the County shall have flexibility to determine the specific use located within each land bay dedicated for public use purposes, provided that said uses are one of those listed in subparagraphs C through F. Other similar types of public uses may be permitted with the consent of the Applicant, which shall not be unreasonably withheld. (2) The Applicant reserves the right to retain temporary and permanent grading, slope, construction, utility, drainage, stormwater management and access easements on all public use parcels which are dedicated to the Prince William Board of County Supervisors, Prince William County School Board or Prince William County Park Authority, provided said easements do not preclude reasonable use and development of the property for the intended purpose. G. Options for uses on Land Bay KK Land Bay KK, identified on the Master RPC Zoning Plan and consisting of approximately four acres of land, shall be designated as a church site, private school and possible associated child care facility in the event Land Bay KK is not utilized for recreational purposes in connection with the construction of a golf course. H. Day Care Facility The Applicant has provided one (1) day care site and shall provide one other day care site at a location to be determined by the Applicant and may reserve, at Applicant s option, space within one (1) of the recreation areas to accommodate a day care facility. * This proffer has been partially satisfied. One daycare facility has been completed per Plan # ; a second daycare facility was approved by the Board of County Supervisors on 10/01/02 per SUP # PARKS AND OPEN SPACE: A. Park Site The Applicant shall dedicate approximately 15 acres of land to the Prince William County Board of Supervisors for use as a potential park site, said land being identified as Land Bay S on the Master RPC Zoning Plan. The Applicant shall convey said site and provide Page C-26

51 street access to the site at the time a building permit is issued for the 2,000th cumulative residential unit. In addition, the Applicant shall grade the site as necessary to construct and the Applicant shall construct to meet the standards of the Prince William County Park Authority, two (2) tennis courts, two (2) basketball courts and a multi-age play area. The Applicant shall also grade the site as necessary to accommodate a large open play area of a size sufficient to be a softball field. The above improvements are all as shown on the School and Park Plan. * This proffer has been satisfied per Plan # ; 15 acres was conveyed to the Park Authority upon completion B. Recreation Centers/Amenities The Applicant shall construct two (2) recreation centers on the Property in the general areas as shown on the Master RPC Zoning Plan, for the private use of the residents of the Property. Land Bay G recreation center has been constructed. Land Bay AA shall include a bathhouse, swimming pool, tot lot, multi-purpose court, one (1) tennis court, one (1) Bumble Bee soccer field and two (2) half basketball courts. Two tennis courts shall be provided in Land Bay FF, one tot lot shall be provided in either Land Bay HH or Land Bay LL, and one tot lot shall be provided in Land Bay VV. * This proffer has been partially satisfied Land Bay G recreation center has been completed per Plan # Land Bay AA recreation center is under construction per Plan # Land Bay FF tennis courts were completed per Plan # Land Bay HH tot lot is approved for construction per Plan # C. On-site Pedestrian Trail/Sidewalk System (1) The Applicant shall construct a wood chip or stone dust pedestrian trail or sidewalk system, which connects each recreation center to the surrounding neighborhood. The Park Authority, at the time of final site plan submission for each section, shall advise the Applicant of the Park Authority's desired locations of easements to connect the on-site pedestrian trails to the on-site portion of the proposed Broad Run Linear Park System. The final location and the granting of any such easements shall be at the sole option of the developer. Page C-27

52 * This proffer is ongoing; sidewalks and pedestrian systems are constructed or proposed with each subdivision plan approved to date (2) There shall be one pedestrian link between Land Bays VV and NN, the location of said link shall be determined at the time of site/subdivision plan submission for Land Bay VV. * Pedestrian link is demonstrated on the preliminary plan for Land Bay VV D. Golf Course Option The Applicant may construct a nine hole or eighteen hole public golf course which may include a training facility as conceptually shown as active recreation on the Optional Golf Course Overlay Plan. The golf course, if constructed, shall be located within a portion of or all of the shaded active recreation area on the Optional Golf Course Overlay Plan; in the event the golf course is not constructed or if the golf course does not use the entire active recreation area, the unused portions will revert to the underlying land use. The 48.6 acre site which includes Land Bay JJ shall be used for single-family detached dwellings and/or open space or recreational uses if not used as a golf course. E. Sports Complex/Sztan Property The Applicant shall cause to be conveyed in fee simple absolute with general warranty of title to the Prince William Board of County Supervisors the parcel of land known as Prince William County Tax Map #080-((01)) , containing approximately 124 acres, located at Valley View Drive, Prince William County, Virginia, known as the Sztan property, for use by the Prince William County Park Authority for a sports complex. The conveyance shall either be made at the time determined by the Applicant or when it is requested by Prince William County, but not before thirty (30) days after the date of final approval of the subject rezoning by the Prince William Board of County Supervisors, whichever is later. Contemporaneously with the conveyance, the Applicant shall provide, at its expense, an owner s title insurance policy with affirmative coverage to Prince William County against any loss or damage arising from the rights of the Sztans in any sale/purchase agreements to which the Sztans are parties or for any matters arising from any petition in bankruptcy filed by such persons. Only in the event the Applicant cannot provide the above title insurance policy when requested by Prince William County the Applicant will, after being notified by Prince William County that the title policy for the Sztan property is unacceptable, convey within thirty (30) days to the Prince William Board of County Supervisors for use by the Prince William Park Authority for a sports complex, the parcel known as the Durst property, also known as Prince William County Tax Map # , containing approximately 94 acres and being located at Vint Hill Road, Prince William County, Virginia. Page C-28

53 * This proffer has been satisfied (Valley View Park) Attachment C F. Broad Run Linear Park (1) The Applicant shall dedicate in the general location as shown on the MZP, approximately 70 acres of land located on the subject Property to the Prince William Board of County Supervisors for use as part of the Broad Run Linear Park system (as shown on the Master RPC Zoning Plan). The Applicant shall convey said site at the time a building permit is issued for the 2,000th cumulative residential unit or at the time the contingencies set forth in subparagraph (2) below are met. Any area so dedicated shall be included in the calculation of required open space pursuant to the Design and Construction Standards Manual and the Applicant reserves the right to retain temporary and permanent grading, utility, slope, stormwater management, construction and drainage easements within said dedicated area, although only temporary easements shall be retained in connection with the construction of the six foot (6 ) wood chip trail described below. (2) The Applicant shall construct a six-foot (6') wide wood chip trail within the area dedicated for a linear park. Said trail shall be provided at the time a building permit is issued for the 2,000th cumulative dwelling unit. Construction of said trail is contingent upon the following: (a) Prince William County or the Prince William County Park Authority establishing and funding the ongoing maintenance of a regional trail system along Broad Run; State ordinances. (b) The proposed trail being allowed by all applicable County and (c) In the event said contingencies are not met by the time a building permit is issued for the 2,000th cumulative dwelling unit, the Applicant shall have no further obligation to construct said trail. 6. WATER AND SEWER: A. The subject property shall be served by public sanitary sewer and water. B. The Applicant shall dedicate a site, upon request of the Prince William County Service Authority, in the northwest corner of Land Bay V adjacent to the intermediate school site as shown on the Master RPC Zoning Plan, designated as "Alternative Tank Site". Said site shall be sufficient in size to accommodate the required water tank and associated equipment and shall be approximately one (1) acre but shall not exceed two (2) acres. * This proffer has been satisfied. C. The Applicant shall request a waiver of Section , Table 8-1, of the Design and Construction Standards Manual as it relates to the minimum buffer area required between an institutional use and a public facility. This waiver request shall be limited to the shared boundary between the Alternative Tank Site and Land Bay V. Approval of this rezoning shall constitute approval of this waiver request. Page C-29

54 * This proffer has been satisfied Attachment C D. Access to the water tank shall be provided through the intermediate school site located on Land Bay V. * This proffer has been satisfied 7. STREETSCAPE/LANDSCAPING/BUFFER: A. Braemar Parkway. (1) The Applicant shall provide a streetscape along, within and/or adjacent to the entire right-of-way on each side of Braemar Parkway (the "Parkway") that is designed to be a scenic urban linear park containing woodland conservation areas. (For purposes of this proffer, "woodland conservation area" shall be defined as an area designated for the purpose of retaining land areas predominantly in their natural, scenic, open or wooded condition). A median of variable width which contains a combination of both woodland conservation areas and grassed areas supplemented with landscape plantings shall be provided along the Parkway. Woodland conservation areas, as referred to herein, shall be provided where feasible, based upon final engineering and design of the development. (a) A woodland conservation area having a varying width of no less than thirty feet (30') shall be provided along both sides of the Parkway adjacent to the right-ofway. Said woodland conservation area shall remain in its natural, wooded condition and disturbance of existing vegetation within said woodland conservation area shall be minimized to the extent possible. The woodland conservation area may be included in the platted lots but may not be considered to satisfy the minimum rear yard setback. (b) The Parkway woodland conservation area may be disturbed, where necessary, for utility crossings, grading for roads, clearing of underbrush, clearing for trails and sight-distance/clear zone restrictions as required by the Virginia Department of Transportation (VDOT), signs, etc. (c) Woodland conservation areas disturbed as allowed in paragraph 7.A.(1)(b) will be replanted with native species, except in those areas restricted by public easements including but not limited to utility easements, sight-distance easements, etc. Primary replantings shall consist of deciduous and evergreen trees planted at a rate of one tree every forty feet (40 ) along the Parkway frontage. Decorative flowering tree species may be provided immediately adjacent to the right-of-way. (d) If a common utility easement is necessary, it shall be located outside of said woodland conservation area. (2) A median of varying widths shall be provided within and along the entire length of the Parkway. The median shall be no less than sixteen feet (16 ). Page C-30

55 (a) Median widths in excess of fifty feet (50 ) shall contain woodland conservation areas of a minimum width of thirty feet (30 ). Said woodland conservation areas shall remain in their natural, wooded conditions and disturbance of existing vegetation within said woodland conservation areas shall be minimized to the extent possible. (i) The median woodland conservation areas may be disturbed, where necessary, for utility crossings, grading for roads, clearing of underbrush, clearing for trails and sight-distance/clear zone restrictions as required by the Virginia Department of Transportation, signs, etc. (ii) Woodland conservation areas disturbed as allowed in paragraph 7.A.(1)(b) will be replanted with native species, except in those areas restricted by public easements including but not limited to utility easements, sight-distance easements, etc. Primary replantings shall consist of deciduous and evergreen trees planted at a rate of one tree every forty feet (40 ). Decorative, flowering tree species may be provided immediately adjacent to the right-ofway. (b) Median widths less than fifty feet (50 ) shall consist primarily of grassed surfaces supplemented by landscape plantings that combine perennials, shrubs and decorative flowering tree species. Plantings shall be placed at a rate of one shade tree for each forty feet (40 ) of narrow (of a width less than forty feet) median length. Plantings in this area may be clustered. * The proffer relative to Braemar Parkway (paragraph 7.A.) has been satisfied per Plan # ; disturbances to and replanting rates of the conservation areas where applicable have been completed B. Sudley Manor Drive. (1) The Applicant shall provide landscaped areas on both sides of Sudley Manor Drive in accordance with the following: (a) A twenty-five foot (25') wide landscaped area shall be provided along both sides of the roadway adjacent to the right-of-way along Landbays not designated as RPC-Commercial. A common utility easement shall be located outside of said landscaped area. (b) The Applicant shall provide, within the landscaped area, a mixture of deciduous and evergreen trees. Said trees shall be planted at the rate of one tree every forty feet (40') along the roadway frontage. * The proffer relative to Sudley Manor Drive (paragraph 7.B.) has been satisfied per Plan # ; # , # C. Buffers/Vint Hill Road: (1) A fifty-foot (50') wide buffer shall be provided along the southern boundary of Land Bays K, O, QQ and Q (to include the southerly boundary on the portion of Land Bay O proposed for the elementary school site, the park site and the active recreation site). This buffer may be included in the platted lots and ten feet (10') of the buffer shall be considered to Page C-31

56 satisfy the minimum rear yard setback. With the exception of the fifty foot portion of the buffer immediately adjacent to the school site on a portion of Land Bay O, twenty-five feet (25') of the buffer adjacent to the southern boundary shall be undisturbed, except where necessary for construction easements and other easements required in connection with Vint Hill Road improvements and placement of entrance features, which may include signs. The remaining twenty-five feet (25') of the buffer may be disturbed and, if disturbed, shall be revegetated by planting trees equal to the number of trees removed by the disturbance.* This proffer has been satisfied per Plan # (Land Bay K), # (Land Bay O), # , # (Land Bay S), # (Land Bay Q), # , # (Land Bay QQ) (2) The fifty foot (50 ) wide portion of the buffer immediately adjacent to the school site on Land Bay O may be disturbed and, if disturbed, the Applicant shall create a berm within the fifty foot buffer in accordance with Prince William County Standards at the time of grading of the school site. The berm shall be planted by the Prince William County School Board in conjunction with and at the time of construction of the school. * This proffer has been satisfied per Plan # D. Buffers/Land Bays QQ, UU, RR, and SS and TT: (1) A fifty-foot (50 ) wide buffer shall be provided along the entire length of the westerly property boundary of Land Bays RR and SS. In addition, a fifty-foot (50 ) wide buffer shall be provided along the entire length of the southerly property boundary of Land Bay RR, and a fifty-foot (50 ) wide buffer shall be provided along all boundaries of Land Bay SS (to include Parcel D) and Land Bay TT (to include Parcel E) where they abut the property owned by Massey/Little (Prince William County GPIN No ). With the exception of the buffers adjacent to the Massey/Little property referenced above, these buffers may be included in the platted lots and ten feet (10 ) of the buffer shall be considered to satisfy a portion of the minimum rear yard setback. The buffers may be disturbed and if disturbed shall be revegetated by planting an equal mix of deciduous and evergreen trees at a rate of 100 trees per acre of disturbance. * This proffer has been satisfied as to Land Bay QQ per Plan # , Land Bay RR per Plan # and Land Bay SS per Plan # The remaining buffers on Land Bays UU and TT are demonstrated on Preliminary Plan # , # Page C-32

57 (2) A fifty-foot (50 ) wide buffer shall be provided along a portion of the westerly boundary of Land Bay QQ, as well as along the southerly portion of the boundary that is immediately east of the existing 240 Virginia Power easement located on Land Bay QQ. No buffer will be provided along the westerly portion of either Land Bay QQ or UU adjacent to or within the existing 240 Virginia Power easement. The buffers may be included in the platted lots and ten feet (10 ) of the buffer shall be considered to satisfy the minimum rear yard setback. The buffer may be disturbed and if disturbed shall be revegetated by planting an equal mix of deciduous and evergreen trees at a rate of 100 trees per acre of disturbance. E. Buffer/Land Bays OO and PP The Applicant shall provide a fifty-foot (50 ) wide buffer on the easterly portion of Land Bay PP and the southerly portion of Land Bay OO where they abut the water tank to be located on the Alternative Tank Site at the northwest portion of Land Bay V. The buffers may be included in the platted lots and ten feet (10 ) of the buffer shall be considered to satisfy the minimum rear yard setback. The buffer maybe disturbed and if disturbed shall be revegetated by planting an equal mix of deciduous and evergreen tress at a rate of 100 trees per acre of disturbance. * This proffer has been satisfied per Plan # F. RPC-Commercial Area: (1) The Applicant shall provide landscaping and landscape easements on the Property along the frontage of Linton Hall Road as shown on the Exhibit entitled Linton Hall Road Conceptual Landscape Area, prepared by The Land Planning & Design Group Inc., dated January 23, 1998, in accordance with the following: (a) In the event Land Bay NN has frontage immediately adjacent to Linton Hall Road in its ultimate alignment, a seventy five foot (75 ) wide landscape easement shall be provided along the frontage of Land Bay NN on Linton Hall Road. The seventy-five foot Page C-33

58 (75 ) wide landscape easement shall not be provided if Land Bay NN does not front directly onto the ultimate alignment of Linton Hall Road. (b) The minimum standard for street landscaping along Linton Hall Road frontage, if Land Bay NN has direct frontage on Linton Hall Road, shall be a mixture of deciduous trees and evergreen shrubbery. At the Applicant s option, trees and shrubs may be planted in clusters and shall be planted at an equivalent rate of two hundred (200) plant units per one hundred (100) linear feet of roadway frontage on Linton Hall Road. Additional shrubbery may be utilized as determined appropriate by the Applicant or Applicant s landscape architect. (2) The Applicant shall provide landscaping and landscape easements on the Property along the frontage of Sudley Manor Drive as shown on the Exhibit entitled Sudley Manor Dive Conceptual Landscape Area, prepared by The Land Planning & Design Group Inc., dated January 23, 1998, in accordance with the following: (a) A fifteen foot (15 ) wide landscape easement shall be provided along the RPC-Commercial frontage on one side of the future Sudley Manor Drive and only one utility easement shall be provided along Sudley Manor Drive; said utility easement shall be located on the west side of Sudley Manor Drive behind the landscape easement referenced above. (b) The minimum standard for street landscaping within Land Bay NN on Sudley Manor Drive shall be a mixture of deciduous trees and evergreen shrubbery. At the Applicant s option, trees and shrubs may be planted in clusters and shall be planted at an equivalent rate of fifty (50) plant units per one hundred (100) linear feet of roadway frontage. Additional shrubbery may be utilized as determined appropriate by the Applicant and Applicant s landscape architect. In no event shall street landscaping be less than the requirements as set forth in the Prince William County Design and Constructions Standard Manual. (3) In addition to the above, the Applicant shall provide within the landscape easements streetscapes in substantial accordance with the following: (a) The planting scheme shall be in substantial accordance with the Conceptual Design Guidelines which may be modified to take into account topography, existing vegetation, utility connections, parcel entrances and lot lines. (b) Berming treatment shall be incorporated into the street landscaping plans and will vary in height and form depending on topography, existing and planned vegetation, utilities, and entrances. (c) Landscaping and berming, as set forth above, shall be installed during site development of the RPC-Commercial development. (d) The above landscaping may be located in the road rights of way (by permit) or in areas outside of the required street rights of way, in both cases said landscaping is not part of the engineering design of the roads, or any part thereof. The landscaping Page C-34

59 plans will not be submitted as part of the road plans or design and the County s review and approval of such road plans or designs will not be conditioned upon obtaining or reviewing said landscaping plans. Landscape plans for the above landscape easements will be submitted for County review no later than with the first site plan for the RPC-Commercial development. landscape areas. (e) The Applicant, assigns or HOA shall maintain all of the above (4) Interior parking lot landscape areas for all surface parking lots located on the shopping center site located on the east side of Sudley Manor Drive shall equal seven percent (7%) of the paved area. *The commercial site has not yet been developed. Final site plan demonstrating landscaping and buffering of Land Bay NN has been demonstrated by others on Plan # G. General: (1) The above-referenced landscaped areas which are not located within highway right-of-way, shall be created as part of the common area owned by the Homeowners Association ("HOA") and shall not be located on individual residential lots. Covenants to be created as a part of the Homeowners Association documents shall provide for maintenance of said area by the Homeowners Association. * This proffer is ongoing. Streetscape/landscape areas as shown on approved plans have been dedicated to the HOA and are not a part of any lot except where specifically allowed in these proffers (2) Buffer areas proffered adjacent to Linton Hall Road and Vint Hill Road shall commence at the respective property lines of the subject site and shall not include rightof-way for public streets to be dedicated by the Applicant. (3) Portions of all Parkway woodland conservation areas and grassed, landscaped median areas may be restricted based on VDOT criteria in which case such areas cannot be replanted and shall be excluded from any area calculation to determine replacement quantities along the Parkway. H. Land Bay VV (1) A temporary thirty-foot (30 ) wide landscape easement, as shown on the plan entitled Land Bay VV, Linton Hall Road Landscape Easement, shall be provided along the frontage of Land Bay VV on Linton Hall Road to allow for a temporary encroachment into this area for transportation improvements. The landscape easement shall be planted to meet the planting quality standards of the DCSM for a fifty-foot wide landscape area or the planting requirements of the DCSM may be met by retaining the existing tree cover as the buffer requirement. At the time Page C-35

60 the ultimate Linton Hall Road has been fully constructed along the Property frontage, this landscape easement area shall increase to fifty-feet in width. (2) A fifty foot (50 ) wide undisturbed conservation easement shall be located adjacent to a portion of the Broad Run floodplain area as shown on the Rivenburg Property Plan. The conservation easement shall be platted outside of any lots and this area shall be undisturbed with the exception of access to and the installation of utilities and pedestrian trails. This conservation easement shall be created as part of the common area owned by the Homeowners Association. (3) A solid wood fence six feet (6 ) high shall either be provided within the 25 wide buffer area proffered on the westerly boundary of Land Bay VV or within the adjoining 50-foot wide proffered buffer area of Land Bay NN, at the highest point within this 75 area. The 25-foot wide buffer area proffered on the westerly boundary of Land Bay VV shall be planted in accordance with or equal to the Class B standard of the DCSM; however, there shall be a 50% reduction of the plant unit requirement for this standard, per Section C and D of the DCSM, based on the construction of the fence. I. Land Bay WW (1) A temporary thirty-foot (30 ) wide landscape easement shall be provided, in accordance with the plan entitled Land Bay VV, Linton Hall Road Landscape Easement, along the frontage of Land Bay WW on Linton Hall Road to allow for a temporary encroachment into this area for transportation improvements. The thirty-foot wide landscape easement shall be planted to meet the planting quality standards of the DCSM for a fifty-foot wide landscape area or the planting requirements of the DCSM may be met by retaining the existing tree cover as the buffer requirement. At the time the ultimate Linton Hall Road has been fully constructed along the Property frontage, this landscape easement area shall increase and the width Page C-36

61 may vary between thirty-feet and fifty-feet depending on the distance the ultimate Linton Hall Road right-of-way allows. (2) A fifty foot (50 ) wide undisturbed conservation easement shall be located adjacent to a portion of the Broad Run floodplain area on the Property, as shown on the Ducharme Property Illustrative Layout Plan. The conservation easement shall be platted outside of any lots and this area shall be undisturbed with the exception of access to and the installation of utilities and pedestrian trails. This conservation easement shall be created as part of the common area owned by the Homeowners Association. 8. SIGNAGE PROGRAM: A. The Applicant reserves the right to construct community entry features including a monument style sign (e.g., Braemar") at the intersections of (1) Linton Hall Road and Braemar Parkway, (2) Linton Hall Road and Sudley Manor Drive, (3) Sudley Manor Drive and Vint Hill Road and (4) on Sudley Manor Drive south of Broad Run bridge in accordance with the following parameters: (1) At each of the Linton Hall Road intersections and the Vint Hill Road intersection, an entry feature may be located on each of the two (2) corners with signs being incorporated into the entry features. (2) On Sudley Manor Drive south of the Broad Run Bridge, an entry feature may be located on both sides of the roadway with a sign being incorporated into the entry features. * This proffer has been partially satisfied. Community entrance feature at the intersection of Linton Hall Road and Braemar Pkwy was constructed in 1996 and a community entrance feature at the intersection of Sudley Manor Drive and Linton Hall Road was constructed in 2000 per the subject proffers and SUP # B. The Applicant reserves the right to construct neighborhood entry features including a monument style sign (e.g., "Bristol", "Somerset", "Newcastle" and "Bradford") at the entrance to each Braemar neighborhood except where community and neighborhood identification signs would be located on the same corner, in which case there would be a community sign which also identifies the neighborhood. C. Special Use Permit 97-9 sets forth the typical, permanent neighborhood and sub-neighborhood signs as well as temporary marketing and model area signs. D. In addition to the entry feature signs, one freestanding sign no more than twelve feet in height as measured from the base of the sign with a maximum of one hundred (100) square feet of face area on each side shall be allowed on Linton Hall Road frontage of Land Bay NN. Freestanding signs shall not be permitted on individual pad sites located along the Linton Hall Road frontage. Page C-37

62 E. A total of three freestanding signs no more than twelve feet (12 ) in height as measured from the base of the sign with a maximum of one hundred (100) square feet of face area on each side shall be allowed along the portion of Sudley Manor Drive located within Land Bay NN. F. Signage shall be coordinated in terms of design and materials throughout Land Bay NN. Façade signs and other signs located internal to Land Bay NN shall adhere to the sign ordinances and requirements of Prince William County. Only white lettering shall be allowed on façade signs with the exception of nationally recognized logos such as, but not limited to, the logos of Safeway (to include the word Safeway ), Starbucks Coffee, Bergman Cleaners, SunTrust Bank, etc. G. If an already existing sign in connection with Land Bay NN must be moved or relocated, the sign shall be moved or reconstructed pursuant to the subject proffers. H. Any signs proposed for Land Bay VV and Land Bay WW shall be the same as those utilized in the Braemar development and shall be in accordance with the signage proffers set forth herein. 9. AFFORDABLE HOUSING: A. (1) The Applicant will provide ten percent (10%) of the market rate units approved for Braemar in an Affordable Housing Program which will make said units available for purchase by qualified families in the 75% to 80% median family income range of Prince William County families as currently defined and implemented by Prince William County. The Applicant may substitute a cash contribution of One Thousand Five Hundred Dollars ($1,500.00) per affordable dwelling unit. The Applicant, at its sole discretion, has the option of building affordable dwelling units ("ADU") or contributing cash in lieu of each ADU as set forth above. In the event the Applicant elects to provide a monetary contribution in lieu of construction of ADUs, said contribution shall be made at the time of issuance of the building permit for every 200th cumulative dwelling unit (for example, either 20 ADUs shall be constructed at the time of issuance of the building permit for the 200th cumulative dwelling unit or a lump sum cash contribution for the remaining number of ADUs not constructed, up to 20 units, shall be paid). Any cash contributions shall be made to the Prince William Board of County Supervisors to be utilized by the Housing Development Trust Fund. (2) In the event said contribution is not paid to Prince William County within four (4) years from the date of this rezoning, said contribution shall be adjusted beginning in the fifth year (using the fourth year as the base) in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject, however, to a maximum noncompounded annual adjustment of six percent ( 6% ) until paid. Page C-38

63 B. Affordable Dwelling Units (ADUs) will be distributed throughout the development as determined by the Applicant; however, no more than twenty-five percent (25%) of any land bay shall contain ADUs. C. Definitions, procedures and the overall program description will be set forth completely in and as part of Declaration of Covenants recorded against the Affordable Dwelling Unit lots. By way of example and not limitation, the following parameters will be established for the program: (1) Units will be "for sale" only at the time of the initial offering. (2) Units will be owner occupied with the initial sale and family unit will be defined in accordance with Prince William County ordinances. (3) Townhouse units will have a minimum living area of 900 square feet. (4) The exterior appearance of the ADUs will be similar to that of the market rate units in the immediate area. (5) The Applicant will establish a program which provides for the sharing of profits in accordance with the following schedule: (a) (b) (c) (d) (e) (f) Year 1 through 6: 100% of profit to County Year 7: 80% of profit to County/20% of profit to owner Year 8: 60% of profit to County/40% of profit to owner Year 9: 40% of profit to County/60% of profit to owner Year 10: 20% of profit to County/80% of profit to owner Year 11 and beyond: 100% of profit to owner For purposes of the Affordable Housing Program, profit is defined as the sales price less the purchase price and the cost of any improvements made to the unit D. Affordable Dwelling Units ("ADUs") will not be subject to monetary proffers except for the cash contribution option set forth herein. * This proffer is ongoing 10. COMPREHENSIVE PLAN CONFORMITY: 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 Master RPC Zoning 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 and the Prince Page C-39

64 William County Code as being in substantial accord with Prince William County s adopted Comprehensive Plan. The general area of location for these uses and facilities are as shown on the Master RPC Zoning Plan with the exact locations to be determined based on final engineering and as approved by Prince William County. Acceptance of this proffer constitutes approval of the public uses and facilities and their general locations and thereby excepts said uses and facilities from further Comprehensive Plan conformity review. Notwithstanding this proffer, the Planning Director in his discretion in accordance with of the Prince William County Code may determine the need for a public hearing in accordance with the Virginia Code * This proffer has been satisfied in that public uses and facilities, including extension of water and sewer utilities and transportation systems do not need any further review for comprehensive plan conformity 11. HISTORICAL AND CULTURAL RESOURCES: A. A qualified, professional archeologist shall conduct a Phase I archaeological survey of the four sites identified by County staff as 44PW428, 44PW430 and two house sites believed to be located in Nokesville Quad #22. Said survey shall be submitted with the preliminary site plan for the area containing said sites. This proffer shall be in lieu of the monetary contribution of Ten Thousand Dollars ($10,000.00) for an archeological survey referred to in Rezoning # * This proffer has been satisfied by submission of Phase I Archeological Survey in 1994 B. A qualified, professional archeologist shall conduct a Phase I archeological survey of Land Bays II, MM, RR, SS and TT, all shown on the MZP. The results of the above Phase I survey(s) shall be submitted with the first preliminary site plan submitted in connection with each of said land bays. A Phase II and/or a Phase III evaluation of each of said Land Bays shall be conducted if determined necessary as a result of the Phase I archeological survey(s). * This proffer is partially satisfied. A Phase I Archeological Survey of Land Bays II, MM, RR, SS and TT was submitted in 10/2001. A Phase II evaluation of a small area was recommended and is being completed at this time C. Prior to commencement of any earth disturbing activity in individual land bays and sections of the Property, the Applicant shall survey the section where earth disturbing activity is proposed for the purpose of marking and identifying any cemeteries which may be located there. In the event any on-site cemeteries are found, the Applicant shall preserve those cemeteries in accordance with all county and state regulations. D. The Applicant shall have a reconnaissance survey performed by a qualified professional on Land Bay VV and submitted to the County prior to the first public hearing before the Planning Commission. A Phase I Archeological Survey on Land Bay VV, performed by a qualified professional, shall be submitted to Prince William County prior to subdivision plan submission for Land Bay VV. If determined necessary as a result of the Phase I Archeological Survey, the Applicant shall perform all of the follow-up work on Land Bay VV as recommended by the completed Phase I Survey. E. A Phase I Archeological Survey on Land Bay WW, performed by a qualified professional, has been submitted to Prince William County in connection with this rezoning application; based on the results of the Phase I Archeological Survey, no further action is recommended. Page C-40

65 12. RECYCLING: Within each of the Recreation Land Bays X and S, the Applicant shall provide an area for the deposit, separation and pick-up of materials for recycling to the extent that such a program is available for collection/ pick-up through Prince William County. * This proffer has been partially satisfied by completion of recycling facilities in Land Bay S 13. OTHER: A. Waivers (1) Pursuant to Sections and of the Zoning Ordinance, approval of this amendment to rezoning will allow (i) the expansion of an existing RPC district, and (ii) a reduction to 25 feet in the width of the buffer located on Land Bay VV adjacent to Land Bay NN as required by Section of the Design and Construction Standards Manual. (2) Pursuant to Section (6) E (Duplex House) of the Zoning Ordinance, approval of this amendment to rezoning will allow waivers of the following performance standards: a. Minimum lot area of 3936 square feet b. Minimum lot width of 41 feet c. Front minimum yard and setback of 15 feet d. Side, not attached minimum yard and setback of 5 feet e. Corner lots (side) minimum yard and setback of 15 feet (3) Buffer between Single-Family Detached and Single-Family Attached A waiver of Section , Table 8-1, of the DCSM relative to the required 30-foot buffer between single-family attached and single-family detached dwellings where an alley, private street or public street is located between the two housing types. In this instance, the alley, private street or public street shall serve as the buffer and no additional buffer area shall be required along the common boundary of Land Bays VV and WW (Lots 1 through 17 on the Ducharme Property Illustrative Layout Plan). B. The Applicant shall develop the Property, to include Land Bay WW, Land Bay VV, Parcel C in Land Bay Q, Parcel D in Land Bay SS and Parcel E in Land Bay TT, using design standards consistent with those used in the first phases of Braemar. The Applicant agrees to continue to utilize innovative design techniques and provide the same high quality design for recreational facilities, street lights, signage, landscaping, tree save areas, site design, architectural design and roadway streetscapes, in the same manner and quality as has been provided in the initial phases of the Braemar development. The cottage homes to be developed in Land Bay VV shall be constructed in substantial conformance Page C-41

66 with the architectural rendering entitled Braemar Cottage Home Streetscape Elevation, prepared by The Land Planning & Design Group, Inc., dated March 1, C. The Applicant s proposal in the subject amendment to rezoning will change the unit mix and type within the existing Braemar RPC. As a result, the Level of Service requirements for each residential unit type has been analyzed and quantified in accordance with the Comprehensive Plan and it has been determined that an additional Level of Service will be required as a result of the new housing types. Therefore, the Applicant shall pay to the Prince William Board of County Supervisors, a lump sum cash contribution in the amount of Two Hundred Twenty-Six Thousand, Eight Hundred Sixty-Six and No/100 Dollars ($226,866.00) at the time of issuance of the first residential building permit on any of Land Bays PP, QQ, RR, SS, TT and UU. * This proffer was satisfied with full payment 07/ MONETARY CONTRIBUTIONS ONLY IN CONNECTION WITH LAND BAY VV, PARCEL C IN LAND BAY Q, PARCEL D IN LAND BAY SS, PARCEL E IN LAND BAY TT AND THE 19 SINGLE FAMILY DWELLING UNITS PREVIOUSLY DESIGNATED AS AGE RESTRICTED TO BE LOCATED IN LAND BAY TT A. TRANSPORTATION. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $4, per single family detached unit to be used for transportation purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. B. FIRE AND RESCUE. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $ per single family detached unit to be used for fire and rescue purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit C. LIBRARY. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $ per single family detached unit to be used for library purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. D. PARKS AND RECREATION. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $1, per single family detached unit to be Page C-42

67 used for parks and recreation purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. E. SCHOOLS. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $9, per single family detached unit to be used for school purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. F. LAND BAY TT, FOR THE FIRST 19 SINGLE FAMILY DWELLING UNITS (THOSE CONVERTED FROM PREVIOUSLY PROFFERED AGE RESTRICTED UNITS), THERE SHALL BE A PER UNIT CONTRIBUTION IN THE AMOUNT OF $ 12, AS FOLLOWS (LOS impact of the age restricted units calculated as multi-family units less school contribution versus impact of single family detached units): (1) TRANSPORTATION. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $ 2, per single family detached unit to be used for transportation purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. (2) FIRE AND RESCUE. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $ per single family detached unit to be used for fire and rescue purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit (3) LIBRARY. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $ per single family detached unit to be used for library purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. (4) PARKS AND RECREATION. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $ per single family detached unit to be used for parks and recreation purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. (5) SCHOOLS. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $9, per single family detached unit to be used for school purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. 15. MONETARY CONTRIBUTIONS ONLY IN CONNECTION WITH LAND BAY WW and the 58 SINGLE FAMILY DWELLING UNITS PROPOSED TO BE CONSTRUCTED IN LAND BAY WW A. TRANSPORTATION. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $305,312 ($5,264 per residential Page C-43

68 dwelling) to be used for transportation purposes as determined by the Board of County Supervisors. Said contribution shall be paid prior to, and as a condition of, final site plan approval for Land Bay WW. The proffered monetary contribution shall be applied to capital projects in the area of the subject rezoning (REZ#PLN , Ducharme Addition to Braemar) that are identified on the CIP, 6-year road plan or other capital improvements projects adopted by the Board of County Supervisors. The Board may also budget and appropriate these contributions or portion thereof to other specific capital projects.. B. FIRE AND RESCUE. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $ per single family detached unit to be used for fire and rescue purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit C. LIBRARY. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $ per single family detached unit to be used for library purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. D. PARKS AND RECREATION. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $2, per single family detached unit to be used for parks and recreation purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. E. SCHOOLS. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $8, per single family detached unit to be used for school purposes. The per unit contributions shall be made at the time of issuance of the building permit for each unit. F. HOUSING. The Applicant shall provide to the Prince William Board of County Supervisors, on a per unit basis, $ per single family detached unit to be used for the housing program. The per unit contributions shall be made at the time of issuance of the building permit for each unit. 16. ESCALATOR. In the event the monetary contributions set forth in this Proffer Statement are paid to the Prince William County Board of County Supervisors ( Board ) within eighteen (18) months after final 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 final 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 final approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of six percent (6%) per year, noncompounded. B. LAND BAY NN-1, BIRKWOOD AT BRAEMAR Page C-44

69 1. Exhibit B, Master Zoning Plan. Land Bay NN-1 shall be developed in accordance with the Medium High density area designation pursuant to zoning ordinance section (c) and (a), (b) and (c), as modified herein pursuant to section (l). 2. Maximum Density. Notwithstanding the maximum density permitted by the RPC Medium High density designation, the development in Land Bay NN-1 shall not exceed 7.2 dwelling units per acre and the maximum number of dwelling units shall be Plans and Exhibits Applicable to Land Bay NN-1. In addition, to Exhibit B, Master Zoning Plan, which is applicable to the overall Braemar RPC, the property shall be developed in substantial conformance with the following plans and exhibits specifically applicable to Land Bay NN-1: a) Layout Plan prepared by The Land Planning and Design Group dated July 17, 2014 (the Layout Plan ); b) Landscaping Plan prepared by The Land Planning and Design Group dated July 17, 2014 (the Landscaping Plan ); and c) Modified House Types permitted pursuant to et seq i. Single Family Detached Village Home A ii. Single Family Detached Village Home B iii. Single Family Attached Townhouse C 4. Environment a) Water Quality Monitoring, Stream Restoration and Drainage. The Applicant shall contribute the sum of $75.00 per acre for the acres subject to this RPC amendment to the Prince William Board of County Supervisors for monitoring water quality, stream restoration projects and/or drainage improvements. Said lump sum contribution shall be paid as a condition of the approval of the first final subdivision plan for the Property. b) SWM/BMP. Stormwater Management and Best Practices shall be provided on-site in accordance with the Design and Construction Standards Manual. The applicant shall meet with the Watershed Management Branch prior to plan submittal to review/discuss any proposed LID BMP s and/or the applicant s justification for not providing such facilities/features. 5. Community Design a) Streetscape/Landscaping/Buffers. Streetscapes, landscaping, and where necessary buffers, shall be designed by a Landscape Architect or a Certified Landscape Designer in coordination with the Chief of Environmental Services or his designee. The intent of landscape design shall be to enhance the appearance of the development from the public Page C-45

70 right-of-way and surrounding properties, and to transition between uses of differing character and intensity. Landscaping designs shall, to the extent reasonable, screen out undesirable views of services areas such as refuse collection areas and ground level utilities, but overall shall be designed with the intent of enhancing the architecture and the setting as opposed to creating barriers and unnecessarily expanding separations between uses that are otherwise encouraged in a "walkable" pedestrian oriented community. Placement of the landscaping species shall be determined during final site/subdivision plan approval but shall be in substantial conformance with the Landscaping Plan. The final locations may be adjusted at the time of final site/subdivision plan approval. The final design shall be determined at the time of final site/subdivision review, taking into consideration final engineering requirements, and shall be coordinated with the Chief of Watershed Management or his designee. The landscaping for the following areas shall be designed by a Landscape Architect or a Certified Landscape Designer. i. Sudley Manor Drive Streetscape and Entrance Feature. The landscaping and entrance feature and sign located along Sudley Manor shall be provided as shown on the Landscape Plan. a) The dwellings located along Sudley Manor Drive shall be designed so that front facades face Sudley Manor Drive public road frontage. The façade treatments shall include a combination of materials used on the dwelling fronts throughout the community such as but not limited to entry door, brick, masonry, siding, windows, shutters and similar architectural features and embellishments. b) The open space/landscaping area located between the Sudley Manor Drive right-of-way and the lot lines for the individual residential homes shall range in width from 58 feet to 100 feet, including several utility easements that will be preserved as lawn or mulch beds, an existing trail connection to the existing trail along Broad Run, and a vehicular connection to the existing SWM on the adjacent property. Subject to approval by the utility company controlling the easement(s), the Applicant may extend landscaping into the utility easement(s) to enhance the landscaping design. c) Landscaping and streetscaping within the open space/landscaping areas described above between Sudley Manor Drive and the homes, parking and travelways proposed within Birkwood at Braemar shall consist of no fewer than 150 plant units per 100 linear feet on the Landscape Plan located outside of easements, trails, and vehicular connection. ii. Transitional Landscaping Buffer to Parcel NN, Retail Area (Braemar Village Center). A transitional buffer shall be provided along the property line separating Birkwood at Braemar Village Center retail area as shown in the Landscape Plan. This transitional landscaping buffer shall consist of 320 plant units per 100 linear feet of length along the length of the common property line separating Birkwood and Braemar Village Center. In addition, a solid board fence shall be provided Page C-46

71 within the transitional landscaping buffer. The fence shall be provided as shown on the landscape plan and in the fence detail. a) A minimum of 50 feet in width abutting the retail parcel identified as GPIN (existing Arby's) except for a standard turnaround if required by the DCSM at the time of final site/subdivision plan review. b) A minimum of 40 feet in width where parking is adjacent to the retail parcel identified as GPIN (existing Bank of America). c) A minimum of 40 feet in width where parking and/or travel ways are adjacent to the retail parcel identified as GPIN (Kindercare) and a minimum of 50 feet in width where the Single-Family Detached dwellings are proposed adjacent to GPIN (Kindercare). iii. iv. Stormwater Management Landscape Area. The landscaping area along the property line between the homes, in Birkwood at Braemar and the existing Stormwater Pond shall be a minimum of 15 feet in width and shall consist of 110 plant units per 100 linear feet. Additional Landscaping Area adjacent to Land Bay VV (Newcastle Village). A landscaping area along the property line and between the homes, parking and travelways proposed in Birkwood at Braemar and the existing uses on Land Bay VV shall be as represented on the Layout Concept Plan shall be as represented on the Landscape Plan. v. Landscaping Buffer between Single Family Attached and the Pipestem Lot in Newcastle Village. The transitional landscaping buffer with a length of approximately 100 feet is required between the single family attached dwellings (townhouses) in Birkwood and the existing single family detached dwelling in Newcastle Village (GPIN ). This landscape buffer shall be a minimum of 25 feet in width as shown in the Landscaping Plan and shall consist of 180 plant units per 100 linear feet. vi. vii. If Private Vehicular Connection A is provided as shown on the Layout Plan on GPIN , supplemental plantings shall be provided on the Braemar Village Center property in the existing 50-foot wide buffer area between the proposed Connection Road, and the existing 25-foot wide buffer in Newcastle Village, if authorization for the planting can be obtained from the Braemar Village Center property owner as shown on the Landscaping Plan. Recreation Buffer. The landscape buffer between the tot lot and Newcastle Village shall be a minimum of 15 feet in width, shall consist of 110 plant units per 100 linear feet and include a solid board fence as shown in the Landscape Plan and the privacy fence detail. Page C-47

72 b) Signage Program: An entrance sign shall be provided along Sudley Manor Drive as shown in the Landscape Plan. The entrance sign shall be consistent with the sign hierarchy already established in Braemar as indicated in the Typical Entrance Feature elevation pictured on the Landscaping Plan. The location of the entrance sign shall be determined at the time of final site/subdivision plan review. c) Building Orientation. The Single Family Detached dwellings located adjacent to Newcastle Village shall have fronts (have the front door) facing Newcastle Village, as shown in the Layout Concept Plan. d) Dwellings located adjacent to Sudley Manor Drive shall have fronts (have the front façade treatments) facing Sudley Manor Drive, as shown and labeled in the Landscape Plan. 6. Transportation. Vehicular and pedestrian connectivity shall be provided through the connection of travelways, sidewalks and trails within Birkwood at Braemar to the available connection points on the adjoining properties and public rights-of-way. a) Sudley Manor Drive Entrance. The subject property shall have one right-of-way entrance onto Sudley Manor Drive as indicated on the Layout Plan prepared by The Land Planning and Design Group, dated July 15, b) Connectivity. Vehicular connection(s) Land Bay VV and to Newcastle Village shall be provided as follows: i. Connections to Braemar Village Center. An interparcel connection to the Braemar Village Center retail area shall be provided to give the residents of Birkwood vehicular access to Braemar Village Center without using the public right-of-way. This vehicular connection shall be provided as shown on the proffered Layout Plan at the present Bank of America (GPIN ). ii. iii. Newcastle Village (Land Bay VV). A direct vehicular connection from Erroll Lane in Newcastle Village to Braemar Village Center shall be provided as shown on the Layout Plan and subject to granting of the necessary temporary and permanent easements by the owners of the Braemar Village Center and Kindercare Properties, and subject to County approval of the use of a modified private road having 21 foot lane width with a 5 foot wide sidewalk on one side; or If the direct vehicular connection between Erroll Lane in Newcastle Village Center and Braemar Village Center as described above is not possible, a vehicular connection between Newcastle Village and Braemar Village Center shall be provided through the internal private streets within Birkwood at Braemar. The route through Birkwood shall be as shown on Alternative B Vehicular Connection. Traffic calming measures as determined appropriate by the applicant after consultation with the Prince William County Transportation Department shall be incorporated into the final design during site/subdivision plan review and approval. Page C-48

73 7. Birkwood at Braemar Monetary Contribution. Attachment C a) Fire and Rescue. The Applicant shall provide to the Prince William Board of County Supervisors, a monetary contribution of $ per single family detached dwelling unit and $ per single family attached dwelling unit to be used for fire and rescue purposes. The per unit contribution shall be made at the time of issuance of the building permit for each dwelling unit. b) Library. The Applicant shall provide to the Prince William Board of County Supervisors $ per single family detached dwelling unit and $ per single family attached dwelling unit to be used for library purposes. The per unit contribution shall be made at the time of issuance of the building permit for each dwelling unit. c) Parks and Recreation. i. A tot lot shall be provided in the location shown on the MZP. Play equipment shall include a minimum of three swings, one climbing apparatus, one bench and one trash receptacle as generally depicted on the Landscape Plan. ii. The Applicant shall provide to the Prince William Board of County Supervisors, a monetary contribution of $3, per single family detached dwelling unit and $3, per single family attached dwelling unit to be used for parks and recreation purposes or may, at its discretion at the time of final site/subdivision plan review, identify a park and/or recreation improvement in the Braemar Community that can be funded using some or all of the per unit monetary contribution described herein. The use of the Parks and Recreation contribution for specific community improvements shall be treated as a credit from the per unit contribution. If the Applicant chooses to provide a specific community improvement, a plan for such park and/or recreation improvement shall be submitted to the County, along with a comprehensive estimate of the costs of all site preparation, required utilities, materials, construction and installation of improvements. The Applicant s financial obligation shall not exceed the amount of the per unit contribution (i.e. $196,911) subject to provisions herein for the escalation of monetary contribution values based on the CPI-U. The plan for the Parks and Recreation shall be submitted concurrent with the final site/subdivision plan for Birkwood, and the plan shall be approved and bonded prior to occupancy permit for the first dwelling in Birkwood. The per unit contribution shall be made at the time of issuance of the building permit for each dwelling unit. d) Schools. The Applicant shall provide to the Prince William Board of County Supervisors, a monetary contribution of $14, per single family detached dwelling unit and $11, per single family attached dwelling unit to be used for school purposes. The per unit contribution shall be made at the time of issuance of the building permit for each dwelling unit. Page C-49

74 e) Transportation. The Applicant shall provide to the Prince William Board of County Supervisors a monetary contribution of $17, per single family detached dwelling unit and $15, per single family attached dwelling unit to be used towards public road improvements. The per unit contribution shall be made at the time of issuance of the building permit for each dwelling unit. f) AFFORDABLE HOUSING. The Applicant shall provide to the Prince William Board of County Supervisors on a per unit basis, $ per single family dwelling to be utilized by the County s Housing Preservation and Development Fund. The per unit contribution shall be made at the time of issuance of the building permit for each dwelling unit. 8. HOMEOWNERS ASSOCIATION. The Applicant shall initiate the inclusion of the Birkwood at Braemar community into the existing Braemar Homeowners Association. Until such time as Birkwood is accepted into the existing Braemar HOA, the Applicant shall create a Birkwood at Braemar homeowners association ( HOA ). In either case, the HOA shall be responsible for the maintenance of private streets and parking areas, any common open space, buffers, entrance sign, and other common area amenities. a) The Applicant shall incorporate into the HOA documents a provision which shall require plowing of snow on emergency vehicle access areas, in addition to all private streets and parking areas. b) The Applicant shall incorporate into the HOA documents and budget, reserve funding budget items supported by a reserve study for the long term viability of all HOA maintained infrastructure. The Applicant shall provide the HOA documents and budget to each purchaser in the project at the time the purchase contract is finalized. 9. ESCALATOR. In the event the monetary contribution set forth in the Proffer Statement are paid to the Prince William County Board of County Supervisors within 18 months of the approval of this rezoning, as applied for by the Applicant, said contribution shall be in the amounts as stated herein. Any monetary contribution set forth in the Proffer Statement which are paid to the Board after 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 contribution are paid, they shall be adjusted by the percentage change in the CPI-U from that date 18 months after the approval of this rezoning to the most recently available CPI-U to the date the contribution are paid, subject to a cap of 6% per year, non-compounded. Page C-50

75 10. WATER AND SEWER. Attachment C The property shall be served by public water and sewer, and the Applicant shall be responsible for these on and off-site improvements required in order to provide such service for the demand generated by the development of the property. 11. WAIVERS AND MODIFICATIONS. Pursuant to Zoning Ordinance Section , Waiver/modification provisions for RPC Districts, the Applicant hereby requests waivers and/or modifications to specific development standards of the Zoning Ordinance and the requirements of the Design and Construction Standards Manual as described in the Birkwood at Braemar Planned District Design Guide, Modifications and Waivers attached hereto and incorporated by reference herein. ~Proffer Amendment Land Bay NN Approved.BLKLN Page C-51

76 The conditions set forth in this proffer statement supersede conditions set forth in previous proffer statements submitted in connection with the subject rezoning. Respectfully submitted, BROOKFIELD BRAEMAR, LLC By: Brookfield Washington, LLC, a Delaware Limited Liability Company, Sole Managing Member By: Name: Title: BROOKFIELD BRAEMAR II, LLC By: Brookfield Washington, LLC, a Delaware Page C-52

77 Limited Liability Company, Sole Managing Member By: Name: Title: Page C-53

78 BROOKFIELD DUNBARTON, LLC By: Brookfield Washington, LLC, a Delaware Limited Liability Company, Sole Managing Member By: Name: Title: Page C-54

79 MAXIME L. DUCHARME AGNES DUCHARME WILLIAM F. FARQUHAR BENEDICTINE SISTERS OF VIRGINIA, INC. Page C-55

80 By: Name: Title: Page C-56

81 Design Guide, Modifications & Waivers Page C-57

82 Design Guide, Modifications & Waivers Page C-58

83 Design Guide, Modifications & Waivers Page C-59

84 Design Guide, Modifications & Waivers Page C-60

85 Design Guide, Modifications & Waivers Page C-61

86 Design Guide, Modifications & Waivers Page C-62

87 Design Guide, Modifications & Waivers Page C-63

88 Design Guide, Modifications & Waivers Page C-64

89 Design Guide, Modifications & Waivers Page C-65

90 Design Guide, Modifications & Waivers Page C-66

91 Design Guide, Modifications & Waivers Page C-67

92 Design Guide, Modifications & Waivers Page C-68

93 Design Guide, Modifications & Waivers Page C-69

94 Design Guide, Modifications & Waivers Page C-70

95 Design Guide, Modifications & Waivers Page C-71

96 Design Guide, Modifications & Waivers Page C-72

97 Design Guide, Modifications & Waivers Page C-73

98 Design Guide, Modifications & Waivers Page C-74

99 Design Guide, Modifications & Waivers Page C-75

100 Attachment D Braemar Master Zoning Plan Page D-1

101 Attachment E Birkwood Layout Plan Page E-1

102 Attachment E Birkwood Illustrative Layout Plan Page E-2

103 Attachment E Birkwood Landscape Plan Page E-3

104 Attachment F Environmental Constraints Analysis Page F-1