Update on Haymarket Crossing; REZ #PLN Deborah Bruckman, Current Planning Manager Ricardo Canizales, Transportation Planning Manager

Transcription

1 COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia PLANNING (703) Metro , Ext FAX (703) OFFICE Thomas Blaser Acting Planning Director February 3, 2011 TO: FROM: RE: Planning Commission Francis Burnszynski, Case Planner Update on Haymarket Crossing; REZ #PLN The Haymarket Crossing rezoning request was heard by the Planning Commission on Wednesday, January 19, 2011, and was continued with the hearing remaining open until Wednesday, February 16, This was to allow staff an opportunity to contact the Virginia Department of Rail and Public Transportation about a potential commuter parking lot in the area of the I-66/Route 29 interchange. Subsequently, County staff has been in contact with the Virginia Department of Rail and Public Transportation. As a result of that discussion, a formal written response has been requested from the Virginia Department of Transportation. No response has been received as of the date of this memorandum. It should be noted that a meeting is scheduled Friday, February 11, 2011, at 9 a.m. to discuss this issue at Supervisor Stirrup s office in the Sudley North Complex, 7873 Ashton Avenue, Manassas, VA. CC: Thomas Blaser, Acting Planning Director Deborah Bruckman, Current Planning Manager Ricardo Canizales, Transportation Planning Manager An Equal Opportunity Employer

2 COUNTY OF PRINCE WILLIAM 5 County Complex Court, Prince William, Virginia PLANNING (703) Metro , Ext FAX (703) OFFICE Internet Thomas Blaser Acting Planning Director January 7, 2011 STAFF REPORT Rezoning #PLN , Haymarket Crossing (Brentsville and Gainesville Magisterial Districts) Planning Commission Public Hearing Date: January 19, 2011 Staff Recommendation: Approval I. Background is as follows: A. Request - This is a request to rezone +/ acres from A-1, Agricultural, to PBD, Planned Business District. The site will contain two parcels where Parcel 1 will have a sub-designation of B-1, General Business and Parcel 2 will have a sub-designation of O(H), Office High-Rise. Parcel 1 will have a maximum building floor area of 160,000 square feet and Parcel 2 will have a maximum building floor area of 650,000 square feet and a 120-room hotel. The applicant has also requested several modifications of perimeter landscaping buffers and waiver of internal landscaping buffers. B. Site Location - The Parcel 1 portion of the site is located between Route 55 and I-66, +/- 1,630 feet west of Route 15, and the Parcel 2 portion of the site is located between the extension of Heathcote Boulevard and I-66, +/-2,385 feet west of Route 15 and a small section of the parcel on the north side of Heathcote Boulevard extended (see maps in Attachment A). The site is identified on County maps as GPIN pt. C. Comprehensive Plan - The site is designated REC, Regional Employment Center and is part of the Interstate 66 West Gateway. D. Zoning The site is zoned A-1, Agricultural. E. Surrounding Land Uses - The subject site is surrounded by vacant land to the north, zoned A-1 and planned REC. The land to the west is vacant, zoned A-1 and planned AE and CEC. To the south across Route 55 is vacant land which is zoned A-1, PBD and M-2 and planned REC. To the east is vacant land (site plan approved for retail) and an office building (Prince William Health System) zoned PMD and planned REC. The site is bisected by I-66 which runs east to west. An Equal Opportunity Employer

3 January 7, 2011 Page 2 II. Current Situation is as follows: A. Office of Planning Recommendation - The Office of Planning recommends approval of the Rezoning #PLN , Haymarket Crossing, subject to the proffers dated January 4, 2011 found in Attachment C. B. Planning Commission Public Hearing - A public hearing before the Planning Commission has been advertised for January 19, 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 REC designation? 2. Level of Service (LOS) - How does the proposal address the Policy Guide for Monetary Contributions? 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 January 4, 2011 found in Attachment C. 1. Comprehensive Plan Consistency Analysis: a) Long-Range Land Use - The site is classified REC, Regional Employment Center. This proposal would rezone the subject site to PBD which implements the REC designation. The proposed mix of uses will ensure that the majority of the development will be employment uses; however, the employment and retail use components are not well integrated internally, which is partly due the site being bisected by I-66.

4 January 7, 2011 Page 3 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 acres $5, Fire and Rescue $0.61 per sq. ft 810,000 sq. $494, ft. of bldg. floor area Total $499, Community Input - The application has been transmitted to adjacent property owners within 200 feet. As of the date of this report, the Planning Office has not received any input from surrounding property owners. 3. Other Jurisdictional Comments - The Town of Haymarket, which is within the required notification area, has identified several issues with the proposal. The Town has indicated the traffic impacts are not adequately mitigated, that the uses are not compatible with the Town, and that the design and environmental elements are not compatible with the adjacent Rural Area. Staff believes that the associated proffers offer sufficient mitigation to off-set the transportation impacts of this development by widening the adjacent section of Route 55, extending and phasing the widening of Heathcote Boulevard and providing additional turn lane capacity from Route 55 north to Heathcote Boulevard. The proposal is considered compatible with the office and retail components of Market Center, which lies between the Town and the subject development, and as proffered, the proposed development transitions to the less dense areas to the west. 4. Legal Uses of the Property Those uses allowed in the PBD zoning district 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 April 19, 2011, 90 days from the first public hearing date, to take action on this proposal. Approval of the rezoning 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 REC, Regional Employment Center, and the zoning classification would remain A-1, Agricultural. The A-1 district does not implement the REC plan designation. b) Level of Service - Denial would not have any impact on the existing level of service.

5 January 7, 2011 Page 4 2. Community Input - Notice of the application has been transmitted to adjacent property owners within 200 feet. As of the date of this report, the Planning Office has not received any input from surrounding property owners. 3. Other Jurisdictional Comments - The Town of Haymarket, which is within the required notification area, has identified several issues with the proposal. The Town has indicated the traffic impacts are not adequately mitigated, that the uses are not compatible with the Town, and that the design and environmental elements are not compatible with the adjacent Rural Area. Staff believes that the associated proffers offer sufficient mitigation to off-set the transportation impacts of this development by widening the adjacent section of Route 55, extending and phasing the widening of Heathcote Boulevard and providing additional turn lane capacity from Route 55 north to Heathcote Boulevard. The proposal is considered compatible with the office and retail components of Market Center, which lies between the Town and the subject development, and as proffered, the proposed development transitions to the less dense areas to the west. 4. Legal Uses of the Property The rezoning site could be developed with uses permitted in the A-1 zoning district. Legal issues resulting from Planning Commission action are appropriately addressed by the County Attorney s office. 5. Timing - The Planning Commission has until April 19, 2011, 90 days from the first public hearing date, to take action on this proposal. Denial of the rezoning would meet the 90-day requirement. V. Recommendation is that the Planning Commission accept Alternative A and recommend approval of Rezoning #PLN , Haymarket Crossing, subject to the proffers dated January 4, Staff: Fran Burnszynski, AICP, X6962 Attachments A. Area Maps B. Staff Analysis C. Proffer Statement D. MZP and Associated Plans E. Building Elevations (Landbay 1) F. Environmental Constraints Analysis

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 rezone +/ acres from A-1, Agricultural, to PBD, Planned Business District, for a mixed use development. 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 No Yes The site is designated REC, Regional Employment Center, on the Long-Range Land Use Map. The applicant has requested PBD zoning, which implements the REC designation. The proposal contains a maximum of 650,000 square feet of office with accessory retail and 120-room hotel on Parcel 2. Parcel 1 contains a maximum of 160,000 square feet of retail use. There is no residential proposed. The recommended mix of uses, where employment is the majority, is present. Drive-through uses, which are discouraged, are permitted but limited. The applicant has not proffered to develop the site in substantial conformance with the MZP building layout except for the Main Street area of Landbay 1. The layout plans are illustrative and subject to substantial change. The applicant has not provided building elevations for Landbay 2, but has provided elevations for Landbay 1. The landscaping along Route 55 has been modified and is not compatible with Market Center to the east. The landscaping along I-66 is not in accordance with the Gateway Plan. A Phase I study has been completed for this site. As recommended, a Phase II is proffered if sensitive areas are proposed to be disturbed. The applicant shall curate cultural resource artifacts with the County. Economic Development Yes The +/-810,000 square feet of nonresidential development and the 120 room hotel proposed with this development provide space for employment uses in the County that would enhance the nonresidential tax base. Page B-1

11 Attachment B - Staff Analysis Plan Consistency Reasons Environment Yes A minimum of 25% of the site is proposed to remain as open space; however, most of it can be disturbed. An intermittent stream on the north side of Landbay 1 will be disturbed to contain an amenity wet pond. A water quality contribution and additional erosion controls have 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 and the stations have sufficient capacity. Police Yes No significant impact to police services is anticipated. Graffiti removal and report are proffered. Potable Water Yes As proffered, the applicant shall design and construct all onsite and off-site public water facilities. Sanitary Sewer Yes As proffered, the applicant shall design and construct all onsite and off-site public sewer facilities. Transportation Yes The applicant has proffered to dedicate and construct a second west-bound lane along the site frontage on Route 55 with associated turn lanes; construct a second east- bound lane on Route 55 along the frontage; construct and maintain an extension of Heathcote Boulevard into the site; and build adequate turn lane length from north bound Route15 onto westbound Heathcote Boulevard. The applicant has proffered to contribute a total of $75,000 for transportation improvements in the area. 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 Zoning Map Designation North Vacant land REC A-1 South Across Route 55 Vacant land, single-family detached dwellings and contractors shops REC PBD, A-1 and M-2 West Vacant land CEC and AE A-1 East Medical office building and vacant land (site planned for shopping center/office building) REC PMD 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 REC, Regional Employment Center. The following table summarizes the uses and densities intended within the REC designation: Long-Range Land Use Plan Classification Regional Employment Center (REC) Land Uses Intended The purpose of the Regional Employment Center classification is to provide for areas located close to and/or with good access from an interstate highway where intensive regional employment uses are to be located. REC projects * should be planned and developed in a comprehensive, coordinated manner. Primary uses in the REC are mid-rise and/or high-rise office (including government offices particularly those for Prince William County agencies), research and development facilities, lodging, and mixed-use projects. Residential uses shall represent no greater than 25 percent of the total REC gross floor area of the project. Drivein/drive-through uses are discouraged. Shared/structured parking is encouraged. The acceptable housing type within any mixed-use REC project is multifamily, at a density of dwelling units per gross acre, less the ER, Environmental Resource designated portion of a property. Development in REC projects shall occur according to an infrastructure implementation plan submitted at the time of rezoning. The intent of this plan is to ensure that critical infrastructure for office, employment and lodging uses is developed adequately for each phase of the project. Development shall also occur according to a phasing plan that must ensure that office, employment and lodging uses are always the primary uses within the area rezoned. Office development in REC areas is encouraged to be in accordance with the Illustrative Guidelines for Office Development, provided as a supplement to the Community Design Plan chapter of the Comprehensive Plan and available from the Planning Office. A minimum office building height of 4-6 stories is preferred. Parcel 1 of the site is located between Route 55 and I-66, +/- 1,630 feet west of Route 15, and Parcel 2 of the site is located between the extension of Heathcote Boulevard and I-66, +/-2,385 feet west of Route 15 with a small section of the parcel on the north side of Heathcote Boulevard extended and is zoned A-1, Agricultural. * In all instances, a project or project area is defined as the boundary of a rezoning or special use permit request. Page B-4

14 Attachment B - Staff Analysis This is a request to rezone +/ acres from A-1, Agricultural, to PBD, Planned Business District, for a maximum of 160,000 square feet of retail floor area in Landbay 1 and 650,000 square feet of office/employment floor area and up to a 120-room hotel in Landbay 2. The proposed floor area ratio on the overall site is 0.26 plus the floor area of the proposed hotel. Landbay 1 would have a zoning sub-designation of B-1, General Business, and Landbay 2 would have a zoning subdesignation of O(H), Office High-Rise. Proposal s Strengths Long-Range Land Use Plan - The rezoning site is designated REC on the Long-Range Land Use Map. The recommended mix of uses specifies that employment uses be the predominate use on the rezoning site. The proposed building areas would allow over 80% as office and other employment uses with accessory retail uses at under 20% retail. Zoning Consistency The requested zoning district, PBD, is consistent with the REC land use designation. It should be noted that the O(H) sub-designation is consistent but the B-1 subdesignation is not. Proposal s Weaknesses Integration of Uses The proposed landbay layout places the retail uses on the south side of I-66 and the office/employment uses on the north side of I-66, which does not allow the different use categories to be integrated, interconnected or walkable. A preferred layout would bring a better balanced mix of uses to each landbay. It should be noted that the proposed development is intended to be developed with connectivity to the Market Center development to the east. Drive-Through Uses The REC designation discourages drive-through uses. The applicant has limited the number of these uses but has not eliminated them. On balance, this application is found to be consistent with the relevant components of the Long- Range Land Use Plan. Page B-5

15 Community Design Plan Analysis Attachment B - Staff Analysis An attractive, well-designed County will attract quality development, instill civic pride, improve the visual character of the community and create a strong, positive image of Prince William County. The Community Design Plan sets out policies and action strategies that further the County s goals of providing quality development and a quality living environment for residents, businesses and visitors, and creating livable and attractive communities. The plan includes recommendations relating to building design, site layout, circulation, signage, access to transit, landscaping and streetscaping, community open spaces, natural and cultural amenities, stormwater management, and the preservation of environmental features. The proposal includes an office/employment element in Landbay 2 and as such the Illustrative Design Guidelines for Office Development, should be applied addressing the provision of quality office design and high quality building and site design. The site is also located in the Interstate 66 West Gateway in which case the Illustrative Gateway/Corridor Design Guidelines would apply. These guidelines recommend streetscaping elements (architecture, landscaping, signage, lighting, street furnishings, and pedestrian connections) to be incorporated into projects. The applicant has provided an illustrative layout for Landbays 1 and 2 but has not committed to these layouts except for the placement of the Main Street feature in Landbay 1 (retail). As a result, there is no certainty about the site configuration of the majority of this project, especially Landbay 2 (office/employment). Further, building elevations are not provided for Landbay 2, so it is unclear whether the office/employment component will achieve the design and building objectives of the Illustrative Design Guidelines for Office Development. Proposal s Strengths Site Layout - As proffered, the Main Street area of Landbay 1 (Buildings E, F, G, H, I and J) will be configured substantially as shown on the illustrative plan. Building Elevations The applicant has provided and proffered to develop Landbay 1 using the building designs, materials and colors shown on the building elevations in Attachment E. Architectural Guidelines The applicant has provided general guidance about building materials, design coordination, design elements and the percentage of office building facades containing windows in Landbay 2. The applicant has also committed to minimum building heights of two stories in Landbay 2 with several exceptions. Although taller buildings are generally recommended in the REC, the site is proximate to the Rural Area where building bulk should be transitioned. Enhanced Interior Parking Lot Landscaping The applicant has proffered to provide a minimum of 7% interior parking lot landscaping where 5% is required. Specialty Paving The applicant has proffered to provide specialty paving for select crosswalks and has not specified the locations or extent of this commitment, but has agreed to work with the County about the details. Page B-6

16 Attachment B - Staff Analysis Plaza Feature The applicant has proffered to provide a minimum 20,000 square foot plaza area in Landbay 2 with amenities, but has not provided a layout or minimum commitment to the extent or location of such amenities. Proposal s Weaknesses Site Layout As proffered, the majority of the site, especially Landbay 2, can be laid out substantially different from what is shown on the illustrative plans. With the exception of committing to locating no more than 20% of the parking between the buildings and I-66, providing a plaza and providing buffers to the west and south, little is known about the ultimate layout of Landbay 2. Building Architecture The applicant has provided minimal commitments to ensure that the office buildings in Landbay 2 meet the objectives set forth in the Illustrative Design Guidelines for Office Development. It is also unclear that the buildings will meet the higher quality recommendations of the I-66 West Gateway which encourages loading areas not be oriented toward I-66, higher quality materials be used and building architecture incorporate more rural characteristics such as gabled roofs and lower profiles adjacent to I-66. Buffering The PBD zoning district is subject to a perimeter buffer requirement of Type C which is 50-feet wide and planted with 200 plant units per 100 linear feet. The applicant has requested to modify the perimeter buffers along all boundaries except the western boundary of Landbay 2. While this is appropriate along the eastern boundary where the adjacent uses are compatible, it is not along the southern boundary where the adjacent Market Center project has committed to a Type C buffer along Route 55. The I-66 West Gateway also recommends 100- foot wide buffers along I-66. As proposed, the area will be half the recommended width and will be planted with less than half the recommended landscaping along the north side of I-66 and half the recommended landscaping along the south side of I-66. Streetscape The applicant has not shown a streetscape plan for Heathcote Boulevard or internal roadways and although a streetscape has been shown along Route 55 it is not compatible with the planned streetscape to the east which is wider and includes more landscaping. It should also be noted the Gateway Plan recommends plantings in the median of I-66, but this has not been addressed with this application. Signage The applicant has not provided any signage details or parameters guiding the signage to be used on site. Lighting While the applicant has capped the height of parking lot lighting to 24 or less within 200 feet of the western boundary of Parcel 2, the applicant has not provided any other lighting details or parameters guiding the lighting to be used on site. On balance, this application is found to be inconsistent with the relevant components of the Community Design Plan. Page B-7

17 Attachment B - Staff Analysis 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. An archaeology report titled Phase I Archeological Investigation of the 145 acre Haymarket Crossing Property (Boyd and Mullen 2009) was submitted with the October 2009 submission. The report identified two historic archaeology sites and one cemetery. Archaeology site 44PW1838 is interpreted as an historic domestic occupation likely dating between circa 1865 into the 1880s, and was recommended for Phase II evaluation testing to determine if it is eligible for listing on the National Register of Historic Places (NRHP). Archaeology site 44PW1839 is interpreted as a late nineteenth through the last quarter of the twentieth century historic dwelling and farmstead. Site 44PW1839 was recommended not eligible for listing on the NRHP and no further work was recommended. The Martin Scott Cemetery ( ) was relocated and recorded. The cemetery s boundary was not delineated. Proposal s Strengths Archaeological Study - A Phase II study has been proffered to be conducted if any portion of such potentially eligible site is disturbed. It has been recommended that the County be directly referenced to review and approve the Phase II study. Curation The applicant shall curate any cultural resource artifacts found on the site as proffered. 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 Cultural Resources Plan. Economic Development Plan Analysis An enhanced, diverse nonresidential tax base creates quality jobs, allowing people to live, work and recreate in Prince William County. The Economic Development Plan sets out policies and action strategies that further the County s goal of attracting and fostering the growth of environmentally sound industries to create quality jobs and diversify the nonresidential tax base, creating a climate where citizens can live and work in Prince William County. The plan includes recommendations relating to business attraction, retention and expansion, the provision of adequate infrastructure, redevelopment of less competitive areas, telecommuting and other information-age opportunities, and recognition of tourism as an industry. Proposal s Strengths Non-residential Development - The +/-810,000 square feet of nonresidential development proposed with this development provides space for potential employment uses in the County that would enhance the nonresidential tax base. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Economic Development Plan. Environment Plan Analysis Prince William County has a diverse natural environment, extending from sea level to mountain crest. Sound environmental protection strategies will allow the natural environment to co-exist with a vibrant, growing economy. The Environment Plan sets out policies and action strategies that further the County s goal of preserving, protecting and enhancing significant environmental resources and features. The plan includes recommendations relating to the incorporation of environmentally sensitive development techniques, improvement of air quality, identification of problematic soil issues, preservation of native vegetation, enhancement of surface and groundwater quality, limitations on impervious surfaces, and the protection of significant viewsheds. Page B-9

19 Attachment B - Staff Analysis The applicant submitted an environmental constraint analysis. This rezoning site contains no designated ER (Environmental Resource) area or resource protection area (RPA), 5% of the site (4.6 ac.) as 15% to 25% slopes, and about 1% of the site as greater than 25% slopes. A PASA ( ) which included a perennial flow determination (PFD), was reviewed and approved. An intermittent stream is located in the northwest portion of the site and will be disturbed with the proposed stormwater management facility. The site is mostly wooded with a mix of young evergreen and deciduous trees. With the exception of portions of the buffers, the site can be disturbed. This site is located in Subwatershed #132, which flows into Little Bull Run in the Bull Run watershed. A stormwater management/bmp facility is proposed in the northwestern corner of the site serving Landbay 2 as a wet pond and underground facilities are planned for Landbay 1. Proposal s Strengths Open Space A minimum of 25% of the site is proposed to remain as open space, which exceeds the minimum ordinance requirement of 20%. It should be noted that most of the open space area can be disturbed. Erosion and Sediment Control - The applicant has proffered to provide additional erosion prevention measures in areas where steeper slopes are present. 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 Intermittent Stream As proposed, a portion of an intermittent stream in the northwest section of the site will be disturbed with the siting of a stormwater management facility. Tree Cover The proposal, as proffered, preserves a minimal amount of tree cover in a few buffer areas. On balance, this application is found to be consistent with the relevant components of the Environment Plan. Page B-10

20 Fire and Rescue Plan Analysis Attachment B - Staff 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. The site is closest to the Antioch Fire and Rescue Station (#24) and the Gainesville Fire and Rescue Station (#4). It is estimated that there are approximately 847 and 1,495 responses per tactical unit at these station respectively, which is within the recommended standard of 2,000 responses 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 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 proposed development 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. Station Workload The responses per tactical unit from the closest stations are within the recommended standard. Proposal s Weaknesses None identified. On balance, this application is found to be consistent with the relevant components of the Fire and Rescue Plan. Page B-11

21 Attachment B - Staff Analysis 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 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. Graffiti The applicant has proffered to notify the Police Department if their property is marked with graffiti and remove it promptly thereafter. 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. Page B-12

22 Attachment B - Staff Analysis The property is within the Prince William County Service Authority service area. Public water is available to the property. For Parcel 1public water exists as an 18-inch main at the entrance to the Hoppman development. This 18-inch main shall be extended from its current termination to and through the proposed development of Parcel 1 to then terminate at the western property line of the subject parcel along Route 55. For Parcel 2 public water exists as an 18-inch main in Heathcote Boulevard in the Market Center development to the east of this project. The 18-inch main shall be extended from its current termination point to and through the proposed development to the access road from Antioch Road, then to the existing Dominion Valley water storage tank further along Antioch Road. This loop closure is required to maintain adequate flows, pressure and reliability for the proposed development. An 18-inch stub out from this 18-inch main shall be provided for a future crossing under I-66 to connect to the 18-inch main in Parcel 1. Additional water main construction may be required in order to provide required fire protection hydrant coverage and fire flows. 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. 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 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. For Parcel 1 public sewer exists as an 8-inch main along Route 55 running from the adjacent Market Center development to the North Fork Interceptor. For Parcel 2 public sewer exists as the Little Bull Run Interceptor to the northeast of the subject property. This sewer may be able to be accessed via the Market Center development along Heathcote Boulevard. If the elevations do not permit this connection, then a more direct route will be required with associated easements. Page B-13

23 Attachment B - Staff Analysis 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. 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 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. Parcel 1 of the site proposes to have access to/from Route 55 at two points with an option to add additional right-in and right-out access where spacing requirements are met. Parcel 2 of the site proposes to have access to an extension of Heathcote Boulevard. The applicant is proposing to have three access points along this frontage. Because of constraints on the alignment of Heathcote Road, specifically the location of a stormwater facility, the segment accessing and going through the subject site will not meet requirements and is expected to be private. The applicant will take maintenance responsibility of this section of Heathcote Boulevard. A traffic impact analysis (TIA) was required for this application. The first TIA was submitted dated June 6, 2008 and was revised subsequently. The findings and recommended mitigation have been reviewed and the proffers address the anticipated impacts to the adjacent road network. Page B-14

24 Attachment B - Staff Analysis Proposal s Strengths Route 55 The applicant has proffered to build a second west-bound lane of Route 55 along their frontage to the western-most vehicular access and provide associated right-turn lanes. The applicant has also proffered to construct a second east-bound lane from the full movement access to the subject site eastward. Heathcote Boulevard The applicant has proffered to extend Heathcote Boulevard onto the subject site and widen it in phases. If this segment is not accepted into public maintenance, the applicant will take responsibility for this section. Route 15 The applicant has proffered to add additional left-turn lane capacity on north-bound Route 15 at Heathcote Boulevard. Monetary Contributions The applicant has proffered to contribute $75,000 toward a commuter parking lot on Route 15 and improvements at the intersection of Route 15 and Route 55 or elsewhere as identified in the Capital Improvement Plan. Interparcel Connections The applicant has proffered to provide interparcel connections to the adjacent parcels. Trail The applicant has proffered to construct an 8-foot wide trail along the Route 55 frontage of the site. 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, 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. Page B-15

25 Minimum Design Criteria Attachment B - Staff Analysis 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 MZP 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 Office of Planning: County Archaeologist DPW- Environmental Services Fire and Rescue Planning Office, Case Manager and Zoning Administration Police Department PWC Historical Commission PWC Service Authority PWC Transportation VDOT Page B-16

26 Attachment C Proposed Proffers dated January 4, 2011 PROFFER STATEMENT RE: Applicant/Contract Purchaser: Metropolitan Virginia V, LLC Owner: L. J. Clavelli, Trustee Property: Part of G.P.I.N (15410 John Marshall Highway) Brentsville and Gainesville Magisterial Districts Zoning: Acres, A-1, Agricultural, to Planned Business District (PBD) Date: January 4, 2011 The undersigned hereby proffers that the use and development of the subject Property shall be in strict conformance with the following conditions and shall supersede all other proffers made prior hereto. In the event the above referenced rezoning is not granted as applied for by Applicant, these proffers shall be withdrawn and are null and void. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. Any improvements proffered herein below shall be provided at the time of development of the portion of the site served by the improvement, unless otherwise specified. The terms "Applicant" and "Developer" shall include all future owners and successors in interest. References in this Proffer Statement to plans and exhibits shall include the following: 1. "Master PBD Zoning Plan for Haymarket Crossing" (the "MZP"), prepared by Bohler Engineering, dated February 9, 2009, last revised October 28, 2010, consisting of the following sheets: a. Land Use Plan (Sheet 3 of 8) (the "Land Use Plan") b. Transportation Plan (Sheet 4 of 8) (the "Transportation Plan") c. Landscape/Buffer Plan (Sheet 5 of 8) (the "Landscape Plan") d. Landscape Plan Route 55 (Sheet 6 of 8) (the "Rte. 55 Landscape Plan") e. Illustrative Plan Parcel 1 (Sheet 7 of 8) (the "Illustrative Plan") 2. Elevations and Materials Board - Parcel 1, prepared by Bignell Watkins Hasser Architects P.C. and dated June 15, 2010 ("Elevations & Materials Board"). Page C-1

27 TRANSPORTATION Attachment C Proposed Proffers dated January 4, Heathcote Boulevard a. The Applicant shall reserve and dedicate, at no cost to Prince William County or the Virginia Department of Transportation (VDOT), right of way or ingress/egress easements required for the extension of Heathcote Boulevard through the Property in the location as generally shown on the GDP. Within said right of way or easements and existing right of way or easements located to the east of the Property, the Applicant shall construct Heathcote Boulevard from its existing terminus on the adjacent property at Rosemont Manor Drive as a two lane road, with turn lanes as required, terminating in a cul-de-sac, in accordance with the applicable road standard in the Prince William County Design and Construction Standard Manual (DCSM), or as otherwise approved by the County, as generally shown on the Transportation Plan. Said dedication and construction shall be provided at the time the portion of the Property located adjacent to said roadway is developed and said access is required. b. At the time a site plan is submitted that reflects the 260,001 st cumulative square foot of development in Parcel 2, such plan shall include Heathcote Boulevard between the existing 4-lane section to the east on the adjacent property identified with Prince William Geographic Parcel identification Number (GPIN) at Aster Haven Circle and the first entrance to the Property along Heathcote Boulevard as a four lane undivided section within the existing sixty foot (60') wide right of way or right of way to be provided from the Property as generally shown on the Transportation Plan. The Applicant's obligation to construct the 4-lane undivided section is subject to the approval by the County and VDOT of any waivers/modifications to the design standards required in order to accommodate the 4-lane section within the existing 60' right of way. In the event the 4-lane section is not approved by the County or VDOT, the Applicant shall have the right to proceed with the development of its Property in accordance with the applicable ordinances and regulations as they may apply or as otherwise may be modified by agreement of the Applicant and the Department of Transportation. c. At the time a site plan is submitted that reflects the 260,001 st cumulative square foot of development in Parcel 2, the Applicant shall be responsible for the restriping of the existing pavement on the eastbound lanes of Heathcote Boulevard at its intersection with James Madison Highway (Rte. 15) in order to provide a free-flow right turn lane from Heathcote Boulevard to southbound James Madison Highway, subject to the approval of the County and VDOT, if not already completed by others. d. The maximum number of access points to Parcel 2 from Heathcote Boulevard shall be as shown on the MZP with the exact location of the entrances to be determined at the time of final subdivision/site plan in accordance with the standards set forth in the DCSM or as approved by the County and VODT. Page C-2

28 Attachment C Proposed Proffers dated January 4, 2011 e. In the event any portion of Heathcote Boulevard remains as a private road and is not accepted into the state system for maintenance or there is not already an existing agreement between the property owners for maintenance of said private road, the Applicant shall be responsible for the maintenance of the portion of Heathcote Boulevard located on the Property and the off-site portion of the road to the westernmost entrance (Rosemont Manor Drive) providing access to the adjacent properties to the east. 2. Route 55 (John Marshall Highway) a. The Applicant shall reserve and dedicate, at no cost to Prince William County or the Virginia Department of Transportation (VDOT), right of way required across the frontage of the Property to accommodate improvements as generally shown on the Transportation Plan. The right of way required for said improvements is based on the centerline study entitled "Route 55 Centerline Exhibit", prepared by Bohler Engineering and dated October 27, 2010, incorporated herein by reference, which study reflects the right of way requirements set forth in the DCSM less the right of way required for the trail to be located outside the right of way and within the Property. Any required right of way dedication shall be shown on the site plan for Parcel 1 that includes any such entrance or on a separate Public Improvement Plan filed prior to or concurrent with the said site plan for Parcel 1. b. Within existing right of way or right of way to be dedicated pursuant to proffer #2.a above and subject to the approval of the County and VDOT, the Applicant shall construct improvements to John Marshall Highway across the frontage of the Property, said improvements to include an additional westbound thru lane, a right turn lane at each entrance to the Property and an eastbound left turn lane at the main entrance to the Property with modifications to the eastbound lanes to accommodate the said improvements (resulting in two eastbound through lanes extending to the westernmost entrance of the adjacent property to the east), all as generally shown on the Transportation Plan and in accordance with the standards set forth in the DCSM or as approved by the County and VDOT. Said improvements shall be constructed concurrent with and as a part of the first phase of development in Parcel 1. c. In connection with the improvements set forth in Proffer #2.b above, the Applicant shall realign Charles Street at its intersection with John Marshall Highway, within existing right of way or right of way to be dedicated by others, to align with the main entrance to Parcel 1, generally as shown on the Transportation Plan. This temporary realignment of Charles Street (until permanent improvements are provided pursuant to PRA #PLN ) shall include the closure of the existing connection of Charles Street at John Marshall Highway. In the event right of way is to be dedicated by others, which is proffered as a part of another zoning, the County shall request said dedication for purposes of this improvement. In the event the said dedication is not made, 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 Page C-3

29 Attachment C Proposed Proffers dated January 4, 2011 County's Eminent Domain Policy. Said request shall be made to the appropriate County agency and shall be accompanied by the following: (i) (ii) (iii) (iv) (v) (vi) (vii) 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. 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. 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. A 60 year title search of each involved property. 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. 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 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. 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. d. The maximum number of access points to Parcel 1 from John Marshall Highway shall be as shown on the MZP. The number and exact location of the entrances shall be determined at the time of final site plan based on final engineering and shall be in accordance with the standards set forth in the DCSM or as approved by the County and VDOT. Additional right-in/right-out access to the Property shall be permitted in Page C-4

30 Attachment C Proposed Proffers dated January 4, 2011 accordance with County and VDOT standards, or as otherwise approved by the County and VDOT. e. Prior to the completion of the development of Parcel 1, and if requested by the County and/or VDOT or at the Applicant's option, the Applicant shall provide a traffic signal warrant study for the intersection of John Marshall Highway and the easternmost (primary) entrance to Parcel 1. If a signal is warranted and approved by VDOT during the development of Parcel 1 (prior to the release of all construction bonds posted in connection with development of Parcel 1), and if not constructed or committed by others, the Applicant shall construct a traffic signal at said intersection, which signal shall include a pedestrian signal head. If the signal is not warranted or approved by VDOT by the time of bond release, the Applicant shall have no further responsibility or obligation to provide said signal. f. The Applicant shall construct an eight foot (8') wide asphalt trail along the Route 55 frontage of the Property outside the dedicated right of way and within the landscape area as generally shown on the Rte. 55 Landscape Plan. Maintenance of said trail shall be the responsibility of the Applicant or an association established for purposes of maintaining common areas and landscaping on parcel James Madison Highway (Route 15) a. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $40,000 to be used for intersection improvements at James Madison Highway and John Marshall Highway or for projects that are identified in the CIP, 6-year road plan or for other capital improvements projects. The Board of County Supervisors may budget and appropriate these contributions or portions thereof to other specific capital improvement projects. Said contribution shall be paid at the time a building permit is issued for the first building on Parcel 1. b. The Applicant shall construct extended left turn lane(s) on northbound Route 15 at the intersection of Heathcote Boulevard to provide up to a combined maximum of 1,280 feet of storage capacity for said turning movement, if warranted during the development of the Property, or as otherwise approved by the County. At the time a site plan is filed for the Property that reflects 260,001 st cumulative square feet of development on the Property, the Applicant shall conduct counts of the AM peak hour left turn movement and shall provide the improvements, if warranted by the counts and approved by the County and VDOT, as a part of the site plan reflecting 260,001 st cumulative square feet of development on the Property or a separate site plan to be processed concurrently. If the improvements are not warranted at that time, the Applicant shall conduct said turning movement counts again at the time a site plan is filed for the property that reflects 400,000 st and 650,000 st cumulative square feet of development on the Property and shall provide said improvements, if warranted by the counts and approved by the County and VDOT, as a part of the site plan reflecting 400,000 st or 650,000 st cumulative square feet of development on the Page C-5

31 Attachment C Proposed Proffers dated January 4, 2011 Property, or a separate site plan to be processed concurrently with either site plan that triggers the need for said improvement. 4. Interparcel Connections a. The Applicant shall reserve land for an easement to provide for an interparcel connection from Parcel 1 to a single location along the western boundary of Parcel 1 in the location as generally shown on the MZP. The exact location of said interparcel connection shall be determined by the Applicant in cooperation with the adjacent affected property owner. In the event the affected property owners cannot reach agreement on a location, the Prince William County Department of Transportation shall determine the location of the interparcel connection. The access easement reservation shall be shown on the site plan and record plat and said easement shall be granted at the time the adjacent property is developed and a reciprocal access easement is granted on the adjacent parcel. Prior to the construction of the interparcel connection, the Applicant shall have the right to use the area encumbered by the easement reservation for parking or other permitted uses. This proffer shall not preclude additional interparcel connections as determined by the Applicant and subject to approval by the County. b. The Applicant shall provide for an interparcel connection from Parcel 1 to the adjacent property to the east in a location generally at the mid point of the eastern boundary of Parcel 1, as generally shown on the MZP. Said interparcel connection shall be designed and function to facilitate vehicular traffic flow between Parcel 1 and the adjacent property to the east. The Applicant reserves the right to provide additional interparcel connections along the eastern boundary in the locations as generally shown on the MZP. The exact location of said interparcel connections shall be determined by the Applicant in cooperation with the adjacent affected property owner at the time of site. In the event the affected property owners cannot reach agreement on a location, the Prince William County Department of Transportation shall determine the location of the interparcel connection. c. The Applicant shall reserve land for an easement to provide for an interparcel connection from Parcel 2 to a single location along the eastern boundary of Parcel 2 in a location to be determined by the Applicant in cooperation with the adjacent affected property owner at the time the first site plan is filed for that portion of Parcel 2 that abuts the said adjacent property. In the event the affected property owners cannot reach agreement on a location, the Prince William County Department of Transportation shall determine the location of the interparcel connection. The access easement reservation shall be shown on the site plan and record plat and said easement shall be granted at the time the adjacent property is developed and a reciprocal access easement is granted on the adjacent parcel. Prior to the construction of the interparcel connection, the Applicant shall have the right to use the area encumbered by the easement reservation for parking or other permitted uses. The Applicant reserves the right to provide a second interparcel connection Page C-6

32 Attachment C Proposed Proffers dated January 4, 2011 along the eastern boundary, the location of which shall be determined at the time of site plan. d. If requested by the County at the time a final site plan is submitted for Parcel 2 the Applicant shall reserve land for an easement to provide for an interparcel connection from Parcel 2 to a single location along the western boundary of Parcel 2 in a location to be determined by the Applicant in cooperation with the adjacent affected property owner at the time the first site plan is filed for that portion of Parcel 2 that abuts the said adjacent property. In the event the affected property owners cannot reach agreement on a location, the Prince William County Department of Transportation shall determine the location of the interparcel connection. 5. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $35,000 to be used for commuter parking in the Route 15 corridor or other transit improvements in the area. Said contribution shall be paid 90 days after Final Rezoning of the Property by the Board of County Supervisors as requested by the Applicant. "Final Rezoning", as the term is used herein, shall be defined as that zoning which is in effect on the day following the last day upon which the Prince William Board of County Supervisors' decision granting the rezoning may be contested in the appropriate court or, if contested, the day following entry of a final court order affirming the decision of the Board of Supervisors which has not been appealed, or if appealed, the day following which the decision has been affirmed on appeal. USES AND SITE DEVELOPMENT 6. Development of Parcel 1 shall be in general conformance with the Illustrative Plan. The Applicant shall have the right to consolidate any one or more of Buildings A, B, C, D, K, L and M, as said Buildings are identified on the Illustrative Plan, at the time of site plan provided the overall gfa in Parcel 1 does not exceed 160,000 square feet, the consolidated building footprint remains within the limits of the building/parking area as reflected on the Illustrative Plan, and the entrance locations and buffers remain as shown on the Illustrative Plan. 7. Buildings E, F, G, H, I and J shall be developed substantially as shown on the Illustrative Plan in order to create a "main street" retail concept at the entrance to Parcel 1. The Applicant shall have the right to consolidate Buildings G and H into a single building provided such building remains as an anchor at the terminus of the entrance road to Parcel 1 as generally shown on the Illustrative Plan. 8. Pursuant to Section of the Zoning Ordinance and excluding otherwise permitted financial institutions, the Applicant shall have the right to three (3) commercial uses with a drive-thru in Parcel 1 and one (1) commercial use with drive-thru in parcel 2. Each such drive-thru use shall meet the requirements as set forth in the Prince William County Design and Construction Standards Manual (DCSM) or as may be modified by the County. 9. Uses and density permitted in Parcel 2 shall be as shown on the Land Use Plan. Page C-7

33 Attachment C Proposed Proffers dated January 4, Buildings in Parcel 2 shall be a minimum of two (2) stories in height except that a pharmacy or buildings containing less than 10,000 square feet of gross floor area and may be one story in height. Buildings in Parcel 2 shall transition down in height toward the western boundary of the Property. Maximum height of buildings located within 200' of the western boundary of Parcel 2 shall not exceed three (3) stories. In the event a parking structure is constructed in Parcel 2, such structure shall not exceed the height of the tallest building for which it provides parking. COMMUNITY DESIGN 11. With reference to Parcel 2, the following design and development parameters shall apply: a. A coordinated architectural design theme shall be utilized in the development of Parcel 2. The exterior of all structures in Parcel 2 shall be composed of brick, stone, glass, architectural concrete masonry unit (e.g., regal stone, split face, precision, ground face), architectural pre-cast concrete panels, job-cast architectural concrete, EIFS (Exterior Insulation and Finish Systems), architectural metal panels, wood or other comparable siding but not plain concrete block. Other materials may be used if approved by the Planning Director or his designee. In no event shall buildings in Parcel 2 be constructed of channel/ridged metal panels or metal siding (vertical or horizontal), however these materials may be used for accents. In the event a hotel is constructed in Parcel 2, such hotel use may utilize materials and a style characteristic of such use, including any elements of design predicated by such hotel's corporate identity, provided a reasonable effort is made to incorporate common elements which result in an overall coordinated development in Parcel 2. b. All development shall be constructed with four sided architecture (i.e., all elevations shall contain similar architectural features and materials). c. All office buildings shall have a minimum of thirty percent (30%) of the cu-- mulative façade area of each building as windows. d. A maximum of twenty percent (20%) of the parking provided in connection with each building constructed in Parcel 2 may be located between the buildings and I-66 right of way. In the event parking is so located, additional landscaping and/or berming shall be provided in order to break up the line of sight into said parking areas. e. Expanses of building façade in excess of 150 shall utilize architectural treatments and design techniques to break up the massing. Examples of such architectural treatments include vertical features such as entrances, pilasters, columns, steps, modulations in the façade, color and material breaks/variations and building fenestrations, or other treatments as approved by the Planning Director or his designee. f. A minimum of seven percent (7%) interior parking lot landscaping shall be provided. Page C-8

34 Attachment C Proposed Proffers dated January 4, 2011 g. Freestanding parking lot lights located within 200' of the western boundary of Parcel 2 shall be a maximum of twenty-four feet (24') in height and shall be of a style that directs the light inward and downward to minimize glare. h. Specialty paving, such as but not limited to imprinted and color asphalt, concrete unit pavers, shall be used on select pedestrian crosswalks on internal roads and travelways for accent purposes. Specific application of the specialty paving shall be determined by the Applicant in consultation with the County at the time of final site plan. i. A minimum of 20,000 square feet of plaza area, exclusive of roadways/travelways, shall be provided. Said plaza area may be provided in two separate locations, each containing a minimum of 10,000 square feet. A minimum of 10,000 square feet of plaza area shall be provided at the time 50% of the land area in Parcel 2 is developed and the balance shall be provided with completion of the development in Parcel 2. Each said plaza area(s) shall incorporate multiple design features. Examples of such design features include, but shall not be limited to, benches/seating walls, raised planters/freestanding planter pots, decorative lighting, bollards, tables and chairs, specialty paving, informational/decorative signage, and a focal feature such as sculpture, gazebo, water feature or ornamental specimen tree. 12. With reference to Parcel 1, the following parameters shall apply: a. Building elevations in Parcel 1 shall incorporate similar architectural materials and design theme with reasonable accommodation for loading and service areas. The architectural style/design theme and materials depicted in the Elevations & Materials Board shall be utilized with reference to predominant building style, materials, colors, accents, masonry pattern, cornice design, or other architectural treatments to assist in the coordination of the design/theme of all buildings constructed in Parcel 1. Tenants shall also be permitted to utilize accent materials, colors and architectural features associated with the corporate identity of their respective corporation. The Applicant reserves the flexibility to construct a one or two story structure and façade in the center of Building K/L, as shown on the Elevations & Materials Board, to be determined based on the tenant mix. To the extent there are variations from that which is committed to above, such variations shall be approved by the Director of Planning, or his designee. Compliance with this proffer shall be evidenced with the submission to the Planning Office of building elevations and architectural construction drawings at least two weeks prior to the issuance of each building permit by the Planning Office. b. Specialty paving, such as but not limited to imprinted and color asphalt, concrete unit pavers, shall be used on pedestrian crosswalks on the entrance road through the area developed with Buildings E, F, G, H, I and J for purposes of providing accent to the pedestrian connections. In addition, the Applicant shall provide a painted pedestrian crosswalk across Route 55 at the signalized entrance to Parcel 1. Page C-9

35 Attachment C Proposed Proffers dated January 4, 2011 c. The Applicant shall provide a landscaped area along the eastern boundary of Parcel 1 between the proposed interparcel connections, said landscaping to be substantially as shown on the Landscape Plan. 13. Architectural treatments and design techniques, such as but not limited to vertical features such as entrances, columns, steps, modulation in the façade, color and material breaks and building fenestrations shall be utilized on buildings to break up massing of any façade in excess of one hundred and fifty feet (150'). 14. Rooftop mechanical equipment on buildings constructed on the Property shall be screened from view from I-66, John Marshall Highway, and Heathcote Boulevard, as said roads are located adjacent to the Property, with materials that are compatible with the primary building materials. 15. All loading and service areas located within 200 feet of and visible from John Marshall Highway, Heathcote Boulevard and I-66 shall be screened to mitigate visibility from said roads. Screening materials shall include landscaping and/or walls or fences constructed of material compatible with the material utilized on the associated building. 16. All dumpsters and trash areas shall be screened utilizing materials compatible with those utilized on the buildings served by the dumpsters. 17. Graffiti shall be removed from structures in Parcels 1 and 2 by the Applicant and/or business owners/operators. Graffiti shall be deemed any inscription or marking on walls, buildings or structures not permitted by the sign regulations in Sec et seq. of the Zoning Ordinance. Any graffiti is to be reported to the Prince William County Police Department before removal. This proffer shall not preclude the use of wall art as otherwise permitted and approved by the County. 18. The Applicant shall establish an association or multiple associations charged with responsibility to oversee the on-going management and maintenance of the Property, including landscaping and maintenance of common areas, community/public use space and private streets. 19. The Applicant shall provide a fifty foot (50') undisturbed buffer along the I-66 frontage of Parcel 2. Supplemental plantings shall be provided, if necessary, to achieve a planting standard of 100 plant units per 100 linear feet of buffer, including existing vegetation. The property owner shall have the right to prune and remove objectionable vegetation, such as poison ivy, poison oak, etc. as well as damaged and/or diseased vegetation. 20. The Applicant shall provide a fifty foot (50') buffer along the I-66 frontage of Parcel 1. Within said buffer area, the first thirty-five feet (35') abutting the I-66 right of way shall remain undisturbed and supplemental plantings shall be provided within the balance of the buffer area as necessary to achieve a planting standard of 200 plant units per 100 linear feet of buffer, including existing vegetation. The property owner shall have the right to prune Page C-10

36 Attachment C Proposed Proffers dated January 4, 2011 and remove objectionable vegetation, such as poison ivy, poison oak, etc. as well as damaged and/or diseased vegetation. ENVIRONMENTAL 21. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in the amount of $75.00 per acre for water quality monitoring, stream restoration projects and/or drainage improvements. Said contribution shall be paid prior to and as a condition of the issuance of the first land development permit for each plan and shall be based on the acreage reflected on each such approved plan. 22. The Applicant shall provide double tiered erosion and sedimentation control measures or its equivalent in connection with development and land disturbing activity on the Property which is within fifty feet (50') of slopes greater than twenty-five percent (25%) and located adjacent to intermittent streams on the Property. 23. A minimum of twenty-five percent (25%) of the Property shall be provided as open space as defined in the Zoning Ordinance. At the time each final site plan is submitted, the Applicant will provide a running tabulation of the open space area. At no time shall the remaining required open space area exceed the remaining area of the Property which has not yet been included on a submitted site plan. This proffer obligation can be satisfied cumulatively on Parcels 1 and 2 and does not need to be met individually on each Parcel. 24. The area of Parcel 2 located north of Heathcote Blvd. shall be developed as a stormwater management pond or remain as open space. No other development shall take place on said portion of Parcel 2. CULTURAL RESOURCES 25. Based on the findings and recommendation set forth in the Phase I cultural resource investigation entitled "Phase I Archeological Investigation of the +145 Acre Haymarket Crossing Property, Prince William County, Virginia", prepared by Thunderbird Archeology Wetland Studies and Solutions, Inc. dated May 2009 ("Phase I Study"), in the event any site located on the Property and identified in the Phase I Study as potentially eligible for the National Register of Historic Places is proposed to be disturbed with the development, the Applicant shall retain a qualified professional archeologist to conduct a Phase II evaluation on any portion of such potentially eligible site that is disturbed. The qualified professional, the archaeological testing and the report shall meet the standards set forth in the current version of the Virginia Department of Historic Resources (VDHR) Guidelines For Conducting Cultural Resource Survey in Virginia. Three (3) copies of the report, bound and on acid-free paper, an electronic copy of the final report in.pdf and MS-Word formats and a copy of the artifact database in a form readable by MS-ACCESS documenting the results of the Phase II evaluation shall be submitted to the County archaeologist prior to submission of the preliminary subdivision/site plan for the portion of the Property on which such site is located. Page C-11

37 Attachment C Proposed Proffers dated January 4, In the event the Phase II evaluation finds the site to be eligible for the National Register of Historic Places and any portion of the site will be disturbed by construction, the Applicant will either initiate mitigation of the archaeology site through Section 106 of the National Historic Preservation Act (NHPA), with the County as a consulting party; or, if Section 106 review is not required, the Applicant shall prepare a mitigation plan in consultation with the Planning Director, or his designee. If a County mitigation plan is required, such plan shall be completed prior to final site plan approval for the portion of the Property on which the site is located. The mitigation plan shall meet the standards set forth in the current version of the Virginia Department of Historic Resources (VDHR) Guidelines For Conducting Cultural Resource Survey In Virginia and also the Advisory Council on Historic Preservation s (ACHP) Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites ( Three (3) copies of the report, bound and on acid-free paper, an electronic copy of the final report in.pdf and MS-Word formats and a copy of the artifact database in a form readable by MS-ACCESS shall be submitted to the County. 27. Within three (3) months of acceptance of the final report, the Applicant shall curate with the County all artifacts, field records, laboratory records, photographic records, and other records recovered and produced as a result of the above excavations. All artifacts and records submitted for curation shall meet current professional standards and The Secretary of the Interior s Standards and Guidelines for Archeology and Historic Preservation. A curation fee identical to VDHR s curation fee will be paid by the Applicant at the time of delivery to the County. Ownership of all records submitted for curation shall be transferred to the County with a letter of gift. FIRE & RESCUE 28. The Applicant shall make a monetary contribution to the Prince William Board of County Supervisors in an amount of $0.61 per square foot of gross floor area ("gfa") of nonresidential space constructed on Parcels 1 and 2 to be used for fire and rescue facilities in the area. Said contribution shall be paid prior to and as a condition of the issuance of the building permit for each building constructed on the property and the amount paid shall be based on the gfa in each such building. WATER AND SEWER 29. The Property shall be served by public sanitary sewer and water and the Applicant shall be responsible for the costs and construction of those on and off-site improvements required in order to provide such service for the demand generated by the development on the Property. 30. 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 Plan, Transportation Plan, in this proffer statement, and the extension and construction of water and sewer lines and facilities and roads necessary to serve this Property pursuant to the Virginia Code Section and the Prince William Page C-12

38 Attachment C Proposed Proffers dated January 4, 2011 County Code Section The general area of location of these uses and facilities are as shown on the Utilities and Road Plan with the exact locations to be determined based on final engineering and as approved by Prince William County. MISCELLANEOUS 31. In the event the monetary contributions set forth in the Proffer Statement are paid to the Prince William County Board of County Supervisors ("Board") within eighteen (18) months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in this Proffer Statement which are paid to the Board after eighteen (18) months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI- U") published by the United States Department of Labor, such that at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U from that date eighteen (18) months after the approval of this rezoning to the most recently available CPI- U to the date the contributions are paid, subject to a cap of 6 percent (6%) per year, noncompounded. WAIVERS 32. Modification of Sections and of the Zoning Ordinance and Sections and of the DCSM to modify the perimeter buffer in accordance with the Landscape Plan and as more particularly described below: a. Northern Property Boundary The proposed extension of Heathcote Boulevard is located along the northern boundary of the PBD. Rather than provide a 50' buffer along this roadway, the Applicant proposes to provide a 25' wide landscape/streetscape area along this road within which utilities may be located provided a minimum planting standard at a rate of 50 plant units per 100 linear feet is achieved. b. Southern Property Boundary (adjacent to Route 55) The 50' buffer will be modified to include a variable width landscape area ranging in width from 25' to 50'. An 8' asphalt trail, utilities and plantings will be located within this area and the plantings will be provided as generally shown on the Landscape Plan and shall be planted at a minimum rate of 100 plant units per 100 linear feet of frontage. c. Western Property Boundary (1) Parcel 1 A 25' wide buffer will be provided and will be planted at a rate of 100 plant units per 100 linear feet. (2) Parcel 2 A 50' wide buffer will be provided and the limits of clearing will be established twenty-five feet (25') from the western property boundary to preserve this area in its existing natural condition. Supplemental planting to include indigenous and drought-resistant plant materials shall be provided as Page C-13

39 Attachment C Proposed Proffers dated January 4, 2011 necessary to achieve a planting standard of 200 plant units per 100 linear feet, including existing vegetation. d. Eastern Property Boundary (1) Parcel 1 The buffer is waived in its entirety along the southern half of the common boundary with the adjacent property to the east. The area located on the northern half of Parcel 1 (between the proposed interparcel connections) shall be landscaped substantially as shown on the Landscape Plan. (2) Parcel 2 There will be no buffer for that portion of the Property located north of Heathcote Blvd., but said property shall only be used for a stormwater management pond and/or open space. For that portion of the eastern property boundary located south of Heathcote Blvd., a 25' wide buffer will be provided and will be planted at a rate of 100 plant units per 100 linear feet. In the event Parcel 2 is acquired and developed as a medical facilities/office complex by the same or related entity that controls the property located immediately to the east, the buffer between Parcel 2 and the adjacent parcel to the east shall be waived. 33. Waiver of Section of the Zoning Ordinance and Sections and of the DCSM to waive all internal buffers between uses on the Property. Buffers and landscaping shall be as determined by the Applicant. Page C-14

40 Attachment D MZP dated February 9, 2009 and revised through October 28, 2010 Page D-1

41 Attachment D Illustrative Plan (Landbay 1) dated February 9, 2009 and revised through October 28, 2010 Page D-2

42 Attachment D Illustrative Plan (Landbay 2) dated February 9, 2009 and revised through October 28, 2010 Page D-3

43 Attachment D Transportation Details dated February 9, 2009 and revised through October 28, 2010 Page D-4

44 Attachment D Buffer Plans dated February 9, 2009 and revised through October 28, 2010 Page D-5

45 Attachment D Buffer Plans dated February 9, 2009 and revised through October 28, 2010 Page D-6

46 Attachment E Building Elevations (Landbay 1) dated June 15, 2010 Page E-1

47 Attachment E Building Elevations (Landbay 1) dated June 15, 2010 Page E-2

48 Attachment E Building Elevations (Landbay 1) dated June 15, 2010 Page E-3

49 Attachment F Environmental Constraints Analysis Page F-1

50 Attachment F Environmental Constraints Analysis Page F-2

51 Attachment F Environmental Constraints Analysis Page F-3