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#3 Supplemental

COUNTY OF LOUDOUN

DEPARTMENT OF PLANNING & ZONING

MEMORANDUM

DATE: July 15, 2015 TO: Loudoun County Board of Supervisors

FROM: Marchant Schneider, Project Manager, Planning & Zoning Ricky Barker, AICP, Director, Planning & Zoning

SUBJECT: ZMAP 2012-0008, SPEX 2012-0021, SPEX 2012-0023, SPEX-2012-0024, SPEX 2012-0025, SPMI-2012-0003, SPMI-2012-0004, SPMI-2012-0005, SPMI-2012-0006, SPMI-2012-0008, SPMI-2012-0009

Sunset Crest Manor

The following is intended to augment the July 15, 2015 Board of Supervisors (Board) Business Meeting Action Item. Since publishing the Action Item, the Applicant has submitted a revised Proffer Statement to address comments from the Office of the County Attorney (Attachment 1). The revised proffer statement and recommended Special Exception Conditions of Approval have been approved as to legal form by the Office of the County Attorney. The Applicant has agreed to Conditions of Approval (Attachment 2). The below Suggested Motions have been revised to reflect the date of the revised documents. The Application is ready for action by the Board. Staff can support the applications subject to the recommended Conditions of Approval addressing the collective impact of the proposed applications on adjacent uses. As conditioned, the proposal is consistent with the County’s land use policies regarding non-residential development within the Transition Policy Area. REVISED DRAFT MOTIONS: 1. I move that the Board of Supervisors approve ZMAP 2012-0008, SPEX 2012-0021,

SPEX 2012-0023, SPEX-2012-0024, SPEX 2012-0025, SPMI-2012-0003, SPMI-2012-0004, SPMI-2012-0005, SPMI-2012-0006, SPMI-2012-0008, SPMI-2012-0009 – Sunset Crest Manor, subject to the Proffer Statement dated July 13, 2015, Conditions of Approval dated July 14, 2015, and based on the Planning Commission Findings for Approval (Attachment 1 of the July 15, 2015 Board of Supervisors Action Item).

OR

Item #3 (Supplemental), ZMAP 2012-0008, SPEX 2012-0021, SPEX 2012-0023, SPEX-2012-0024, SPEX 2012-0025,SPMI-2012-0003, SPMI-2012-0004, SPMI-2012-0005, SPMI-2012-0006,

SPMI-2012-0008, SPMI-2012-0009 – Sunset Crest Manor Board of Supervisors Business Meeting

July 15, 2015

2. I move that the Board of Supervisors forward ZMAP 2012-0008, SPEX 2012-0021, SPEX 2012-0023, SPEX-2012-0024, SPEX 2012-0025, SPMI-2012-0003, SPMI-2012-0004, SPMI-2012-0005, SPMI-2012-0006, SPMI-2012-0008, SPMI-2012-0009 – Sunset Crest Manor, to the Transportation and Land Use Committee for further discussion. (A timeline extension from the Applicant will be necessary).

OR 3. I move an alternate motion. Attachments: 1. Proffer Statement dated July 13, 2015 2. Conditions of Approval dated July 14, 2015

PROFFERS

SUNSET CREST MANOR, LLC

ZMAP 2012-0008

June 5, 2015

Revised July 13, 2015

Philip I. Bolling, the owner of the property identified as Loudoun County PIN ## 210-18-6554

and 211-47-8260, and Bolling Group, LLC, the owner of the approximately one-acre portion of

PIN #211-39-5297 depicted on the Zoning Plat identified in Proffer 1.a, below, (the foregoing

owners being jointly referred to herein as the “Owner” and the foregoing parcels and portion of

parcel being collectively referred to herein as the “Property”), on behalf of themselves and their

successors in interest, hereby voluntarily proffer, pursuant to Section 15.2-2303 of the Code of

Virginia (1950), as amended, and Section 6-1209 (A) of the Revised 1993 Loudoun County

Zoning Ordinance (the "Zoning Ordinance"), that in the event the Property is rezoned by the

Loudoun County Board of Supervisors (the "County") from the TR-3LBR (Transitional

Residential-3) and MR-HI (Mineral Resource - Heavy Industry) zoning districts, as applicable, to

the TR-10 (Transitional Residential - 10) zoning district under the Zoning Ordinance, the

development of the Property shall be in substantial conformance with the following conditions.

Portions of the Property are subject to the QN (Quarry Notification Overlay District) and the

FOD (Floodplain Overlay District) which will remain in effect upon approval of this ZMAP

2012-0008.

These proffers shall supersede the proffers and conditions of approval approved by the Board of

Supervisors pursuant to ZMAP-2002-0008 and SPEX-2002-0016 (the "Luck Stone Approvals")

as they relate to the portion of Loudoun County PIN #211-39-5297 included in this ZMAP 2012-

0008. Nothing contained herein shall modify the Luck Stone approvals as they relate to the

balance of the property subject to the Luck Stone Approvals, which shall continue to remain in

full force and effect.

1. ZONING PLAT

a. The development of the Property shall be in substantial conformance with the

Zoning Plat, identified as Sheets 1 and 3 of 7 (together comprising and herein

referred to as the “Zoning Plat”) of the plan set titled “Sunset Crest Manor Zoning

Map Amendment & Special Exception, dated March 26, 2010, revised through

March 18, 2015 prepared by Zicht & Associates, PLC (the "Plans").

b. The uses permitted on the Property shall be limited to those uses listed in the TR-

10 zoning district regulations. The Owner reserves the right to apply for approval

of any TR-10 special exception uses, the review and approval of which shall not

require a Zoning Concept Plan Amendment application, provided that any special

Attachment 1 A-1

ZMAP 2012-0008

Page 2

exception use shall receive the requisite County approval prior to establishment of

such use.

2. OPEN SPACE

Any development of the Property shall provide and maintain a minimum of 70 percent of

the land area of the Property as open space, which shall be defined for the purpose of this

Proffer 2 as any land area on the Property not covered by buildings, paved travelways,

walkways and other impermeable surfaces. Should a residential subdivision application

ever be submitted for the Property, then the open space requirements of Section 5-701, or

equivalent section, of the Zoning Ordinance, in effect at the time of submission of such

subdivision application, will apply to the Property.

3. BULL RUN SETBACK AND BUFFER

The Zoning Plat depicts a 150-foot stream buffer (labeled as “150’ Creek Valley Buffer”)

and a “300’ Bull Run Buffer”. The provisions of Section 5-1003 of the Zoning

Ordinance applicable to the Scenic Creek Valley Buffer shall govern within the said

“150’ Creek Valley Buffer” including governing the existing building and the driveway

accessing the existing building that currently are located within the foregoing Buffers.

Except for the said existing building and driveway, the uses within the 300-foot Bull Run

Buffer shall be limited to: bridges and driveway crossings; utilities and utility right-of-

ways; stormwater management facilities subject to Best Management Practice ("BMP")

requirements; lakes and ponds subject to BMP requirements; paths and trails constructed

of permeable materials only and limited to footpaths, biking paths, hiking paths and horse

trails; passive recreation limited to hiking, biking, horseback riding, picnicking, camping,

climbing, hunting, fishing and wildlife viewing; points of entry to Bull Run for

swimming and non-powered boating only; agricultural activities, but not structures,

subject to appropriate BMP requirements; silviculture to care for existing trees and

forests, but not commercial forestry, subject to appropriate BMP requirements; planting

native vegetation subject to appropriate BMP requirements; and conservation activities

including stream restoration activities, scientific, nature and archeological studies and

education programs.

4. SITE LIGHTING

All non-residential exterior lighting fixtures shall be full cutoff and fully shielded,

directed inward and downward, and designed to prevent glare on adjacent properties and

roadways. Such lighting fixtures shall be shown on any site plans required for the

development of the Property.

5. TREE CONSERVATION AREAS

Existing vegetation will be preserved in its natural condition within the areas depicted on

the Zoning Plat with a diagonal line pattern and labeled as “Tree Conservation Areas.”

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ZMAP 2012-0008

Page 3

No clearing or grading activities shall occur within the areas designated as “Tree

Conservation Areas,” except upon consultation with the County Urban Forester prior to

the removal of any such vegetation where needed for the installation of underground

utilities such as the extension of central water and/or sewer lines but not for drainfields,

and selected clearing of any dead, damaged, dying or diseased trees and vegetation, or

any tree or vegetation that interferes with the functioning of any utility or drainage

easement or that poses a safety hazard. If the County Urban Forester grants permission,

the Owner shall remove such trees and shall replace each such tree with two (2) 2½ - 3

inch caliper native, non-invasive deciduous trees either within the designated Tree

Conservation Area or proximate to the area of each such trees so removed, or in another

area as approved by the County Urban Forester .

Boundaries of the Tree Conservation Areas shall be delineated on all record plats, sketch

plans, construction plans, and/or site plans, whichever is applicable. The record plat,

sketch plan, construction plans, or site plan for any portion of the Property containing a

Tree Conservation Area shall contain a note stating that the removal of trees within the

Tree Conservation Area is prohibited, except with the permission of the County Urban

Forester pursuant to this proffer. A Tree Conservation Easement running to the benefit of

the County in a form approved by the County Attorney shall be recorded for each Tree

Conservation Area with such easement to be recorded prior to approval of the first site

plan or concurrently with the recordation of the first record plat for the Property,

whichever occurs first.

The undersigned hereby warrant that all owners with any legal interest in the Property have

signed this Proffer Statement, that no signature from any additional party is necessary for these

Proffers to be binding and enforceable in accordance with their terms, that they, together with the

others signing this document, have full authority to bind the Property to these conditions, and

that the Proffers are entered into voluntarily.

[SIGNATURES ON FOLLOWING PAGES]

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ZMAP 2012-0008

Page 4

TITLE OWNER OF

Loudoun County PIN ## 210-18-6554 and 211-47-8260

PHILIP I. BOLLING

By: _________________________________________

STATE OF ______________________)

) to-wit:

COUNTY/CITY OF ________________

The foregoing Proffer Statement was acknowledged before me this ____ day of

____________, 2015, by ___________________________, as _________________________

of _____________________________________________________________.

______________________________

Notary Public

My Commission Expires: ___________________

[SIGNATURES CONTINUE ON NEXT PAGE]

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ZMAP 2012-0008

Page 5

TITLE OWNER OF

Loudoun County PIN # 211-39-5297

BOLLING GROUP, LLC

A Virginia Limited Liability Company

By: _________________________________________

Name: _________________________________________

Title: _________________________________________

STATE OF ______________________)

) to-wit:

COUNTY/CITY OF ________________

The foregoing Proffer Statement was acknowledged before me this ____ day of

____________, 2015, by ___________________________, as _________________________

of _____________________________________________________________.

______________________________

Notary Public

My Commission Expires: ___________________

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SUNSET CREST MANOR

SPECIAL EXCEPTIONS AND MINOR SPECIAL EXCEPTIONS

CONDITIONS OF APPROVAL

July 14, 2015

SPEX 2012-0021, SPMI 2012-0003 CONFERENCE AND TRAINING CENTER (LEVEL IV)

SPEX 2012-0024, SPMI 2012-0006 RURAL RETREAT (LEVEL III – LARGE SCALE)

SPEX 2012-0025 VEHICLE TRIPS / ROAD ACCESS STANDARDS

SPEX 2012-0023, SPMI 2012-0005 COUNTRY INN WITH RESTAURANT

SPMI 2012-0008, SPMI 2012-0009 BANQUET / EVENT FACILITY

SPMI 2012-0004 BED AND BREAKFAST INN MODIFICATIONS

1. Substantial Conformance. The development of the Special Exception and Minor

Special Exception uses and Minor Special Exception modifications of the Additional Regulations (the “SPEX Uses”) described in Condition 2 below shall be in substantial conformance with Sheets 1, 4, and 7 of 7 (the “SPEX Plat”) of the plan set entitled, “Sunset Crest Manor Zoning Map Amendment & Special Exception” dated March 26, 2010, and revised through March 18, 2015, prepared by Zicht and Associates, PLC, (the “Plans”)incorporated herein by reference, and the Revised 1993 Loudoun County Zoning Ordinance (the “Zoning Ordinance”). Approval of these applications for the 12.19-acre parcel identified as Tax Map Number 108////////11C (PIN: 210-18-6554), the 82.14-acre parcel identified as Tax Map Number 108////////11B (PIN: 211-47-8260), and the approximately 0.95-acre portion of the parcel identified as Tax Map Number 109////////13/ (PIN: 211-39-5297), as delineated on Sheet 2 of the Plans and shown thereon as the area surrounded by the shaded line (the “Property”) shall not relieve the applicant or the owner(s) of the Property, their successors, or parties developing, establishing, or operating the approved SPEX Uses (the “Applicant”) from the obligation to comply with and conform to any other Zoning Ordinance, Codified Ordinance, or applicable regulatory requirement.

2. Uses Permitted. The Special Exception uses, Minor Special Exception uses, and Minor Special Exception modifications approved with these applications grant approval for a (a) Conference and Training Center (Level IV), (b) Rural Retreat (Level III- Large Scale), (c) Country Inn with Restaurant, and (d) Banquet / Event Facility in accordance with Table 2-1402 of Section 2-1402 of the TR-10 (Transitional Residential-10) zoning district regulations and (e) for the road access

Attachment 2 A-6

SPEX 2012-0021, SPEX 2012-0023, SPEX 2012-0025, SPMI 2012-0008, SPMI 2012-0003, SPMI 2012-0004, SPMI 2012-0005, SPMI 2012-0006, SPMI 2012-0009, Sunset Crest Manor

CONDITIONS OF APPROVAL July 14, 2015

Page 2 of 8

for the foregoing uses to serve more than 600 vehicles per day, with all such uses to be in compliance the applicable Additional Regulations set forth in Section 5-600 of the Zoning Ordinance except as modified in Condition 5 below.

3. Use Restrictions. Prior to the construction of the northbound left turn lane on Gum

Spring Road in accordance with Condition 8 below, the cumulative uses on the Property shall not be accessed by more than a total of 646 Average Daily Traffic (“ADT”) (“ADT” being the equivalent of “Vehicles Per Day” as used in Section 5-654 of the Zoning Ordinance) per the “Revised Phase 1 Trip Generation Summary w/ Off-Peak Trips” (“Phase I”) as set forth in the “Sunset Crest Trip Generation Revised Table 4 w/Off-Peak Uses” dated June 1, 2015 prepared by Pennoni Associates, Inc., attached to these Conditions as Exhibit A. Flexibility shall be permitted among the proposed uses and square footages listed within Phase I in Exhibit A, where applicable, provided the 646 ADT is not exceeded.

Once the said northbound left turn lane on Gum Spring Road is constructed and available for use by traffic pursuant to Condition 8, the cumulative uses of the property shall not exceed a total of 1,818 ADT per the “Revised Phase 2 Trip Generation Summary w/ Off-Peak Trips” (“Phase 2”) as specified in Exhibit A. Flexibility shall be permitted among the proposed uses and square footages within Phase II in Exhibit A, where applicable, provided the 1,818 ADT is not exceeded. Each Site Plan (STPL), Site Plan Amendment (SPAM), Rural Economy Site Plan (REST) or Sketch Plan submitted for the Property shall demonstrate that compliance with the ADT limits described in this Condition 3 will be achieved by means of establishing maximum approved occupancy levels and/or building square footages that will demonstrate such compliance, upon consultation with the Loudoun County Department of Transportation and Capital Infrastructure (DTCI). Each STPL, SPAM, REST, or Sketch Plan shall include the proposed use(s) and previously approved use(s) to show the trip generation (in ADT’s) of each such use and cumulative uses based on either (i) the trip generation rates used in the current edition of the Institute of Transportation Engineers (ITE) Trip Generation “Manual,” (ii) the derived trip rates used in the traffic impact analysis prepared by Pennoni Associates, Inc. as amended March 24, 2015, submitted in conjunction with these SPEX Uses at 1.36 trips (two-way) per person, or (iii) other effective trip rates approved in writing by DTCI.

4. SPEX Uses within Building 2 / Boundary Line Adjustment. A Boundary Line Adjustment application to adjust the common boundary between Parcel A and B to adjust the portion of Parcel B containing Building 2, as shown on Sheet 4 of the SPEX Plat, into Parcel A in accordance with the proposed new property “Limits” as depicted on the SPEX Plat, shall be approved and recorded among the land records in the Office of the Clerk of the Circuit Court of Loudoun County, Virginia, prior to approval of the first STPL, SPAM, REST, Sketch Plan, or building/zoning permit allowing SPEX Uses within Building 2, whichever occurs first.

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5. Modification of Additional Regulations for SPEX Uses. The Minor Special Exceptions grant approval of the following modifications of the Additional Regulations applicable to the SPEX and SPMI uses described in Condition 2 above and as listed on the SPEX Plat:

Zoning Ordinance Section Proposed Modification

§5-601(B)(1)(d), Bed and Breakfast Inn, Intensity/Character, Size of Use.

Increase the maximum FAR for a Bed and Breakfast Inn from 0.04 to 0.05.

§5-601(B)(2)(a) and (b), Bed and Breakfast Inn, Landscaping/Buffering/Screening.

Permit the use of existing on-site vegetation to screen outdoor private party areas in lieu of providing a minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and

Permit the use of existing on-site vegetation in lieu of providing off-street parking areas and service areas for loading and unloading with 1 canopy tree per each 10 parking or 2 loading spaces.

§5-601(C)(1)(d)(i) and (ii), Country Inn, Intensity/Character, Size of Use.

Increase the maximum FAR for a Country Inn from 0.04 to 0.05; and

Permit a restaurant located on the subject property to exceed 49% of the total floor area of the Country Inn.

§5-601(C)(1)(f)(i) and (ii), Country Inn, Intensity/Character, Private Parties.

For private parties permitted to be held daily at a Country Inn, increase the maximum number of attendees from 100 to 324 (to correspond with the maximum number of attendees permitted for a Banquet/Event Facility on the subject property); and

Permit private parties for more than 100 attendees, including overnight guests, to be held more than 20 times per calendar year.

§5-601(C)(1)(h)(i), (ii), and (iii), Country Inn, Intensity/Character, Yard Standards.

Reduce the minimum setback for a Country Inn use from 100 feet to 50 feet from all lot lines; and

Reduce the minimum setback for parking for a Country Inn use from 100 feet to 25 feet from all lot lines; and

Reduce the minimum setback for outdoor private party areas from 200 feet to 175 feet from all lot lines.

§5-601(C)(2)(a) and (b), Country Inn, Landscaping/Buffering/Screening.

Permit the use of existing on-site vegetation to screen outdoor private party areas in lieu of providing a minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and


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§5-601(D)(3), Rural Retreats and Resorts, Setbacks.

Reduce the minimum setback for new buildings and parking from 200 feet to 50 feet from adjacent properties.

§5-601(D)(5), Rural Retreats and Resorts, Water and Sewer.

Permit a Rural Retreat use located in the TR-10 zoning district to be served by public central water supply and public central sanitary sewer systems.

§5-601(D)(8)(b)(i) and (iii), Rural Retreats and Resorts, Size of Use.

Permit Banquet/Event Facilities and conference and training facilities to be greater than or equal to 50% of the total floor area of the Rural Retreat; and

Increase the maximum FAR for a Rural Retreat from 0.04 to 0.05.

§5-601(D)(8)(c)(iii), Rural Retreats and Resorts, Yard Standards.

Reduce the minimum required yard for a Level III-Rural Retreat from 250 feet to 25 feet from all lot lines.

§5-601(D)(8)(d)(i) and (ii), Rural Retreats and Resorts, Landscaping/Buffering/Screening.

Permit the use of existing on-site vegetation as landscaping and screening in lieu of providing a minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and


§5-601(D)(8)(f)(ii), Rural Retreats and Resorts, Parking, Surface.

Permit all parking areas serving the Rural Retreat to use gravel and/or field parking in lieu of a dust-free surfacing material as provided in the Facilities Standards Manual (FSM).

§5-640(B)(1), Conference and Training Centers, Size of Use, Floor Area Ratio.

Increase the maximum FAR for a Conference and Training Center from 0.04 to 0.05.

§5-640(B)(2), Conference and Training Centers, Size of Use, Accessory Uses.

Permit banquet and dining facilities to exceed 20% of the total area of the principle permitted structure, and permit lodging facilities to constitute over 40% of the total area of the principal permitted structure.

§5-640(C)(1) and (2), Conference and Training Centers, Landscaping/Buffering/Screening, Buffer and Parking Areas.

Permit the use of existing on-site vegetation as landscaping and screening in lieu of providing a minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and


§5-640(E)(2), Conference and Training Centers, Parking, Surface.

Permit all parking areas serving the Conference and Training Center to use gravel and/or field parking in lieu of a dust-free surfacing material as provided in the FSM.

§5-642(A)(3), Banquet/Event Facility, Intensity/Character, Floor Area.

Increase the maximum FAR for a Banquet/Event Facility from 0.04 to 0.05.

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§5-642(A)(4)(b) and (c), Banquet/Event Facility, Intensity/Character, Location on Site/Dimensional Standards.

Reduce the minimum setback for parking for a Banquet/Event Facility from 100 feet to 25 feet from all lot lines; and

Reduce the minimum setback for outdoor private party areas from 200 feet to 175 feet from all lot lines.

§5-642(B)(1) and (2), Banquet/Event Facility, Landscaping/Buffering/Screening, Buffer and Parking Areas.

Permit the use of existing on-site vegetation as landscaping and screening in lieu of providing the minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard; and


§5-653(A), Landscaping Standards for Specific Uses, Setbacks or Yards Adjacent to Certain Sized Lots.

Permit the use of existing on-site vegetation as landscaping and screening in lieu of providing the minimum 50 foot setback or yard area, landscaped and screened with solid fencing and/or landscaped area equivalent to a Type 3 Buffer Yard.

§5-653(B), Landscaping Standards for Specific Uses, Parking Areas.


6. Buffering and Screening Modification. Pursuant to Section 5-1403(C) of the

Zoning Ordinance, the approval of these SPEX Uses grants approval of the following

modification to the Buffering and Screening regulations of Section 5-1400, subject to

Condition 6.a. below:


Table 5-1414(B) of §5-1414(B), Buffer Yard and Screening Matrix, Buffer Yard.

Permit the “300’ Bull Run Buffer” and “Tree Conservation

Areas” shown on Sheets 4 and 7 of the SPEX Plat and Sheet

5 of the Plans and the proffered buffering and screening on

PINs: 211-28-3316 and 211-39-5297 provided pursuant to

ZMAP 2002-0018, SPEX-2002-0016, Luck Stone Corporation

Bull Run Plant to satisfy the Buffering and Screening

Requirements of Section 5-1400 of the Zoning Ordinance for

the approved SPEX Uses.

a. Buffers Yards Adjacent to Luck Stone Bull Run Quarry. Notwithstanding the

foregoing, should the buffering and screening on PINs: 211-28-3316 and 211-39-

5297 required pursuant to ZMAP 2002-0018, SPEX-2002-0016, Luck Stone

Corporation Bull Run Plant be amended, the Applicant shall satisfy the Buffering

and Screening Requirements of Section 5-1400 of the Zoning Ordinance in

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conjunction with any STPL, SPAM, REST, or Sketch Plan submitted for the

SPEX Uses subsequent to approval of said amendment. 7. Utilities. The cumulative number, size, and operation of the SPEX Uses on the

Property shall be limited to the capacity of onsite water and sewage disposal systems approved by the Loudoun County Health Department until such time as the Property and uses are connected to the public central sanitary sewer and public central water supply systems. Onsite water and sewage disposal systems shall be depicted on the first STPL, SPAM, REST, or Sketch Plan submitted for the SPEX Uses unless connected to the public central sanitary sewer and/or public central water supply system.

8. Improvements / Gum Spring Road (Route 659). The Applicant shall construct and open to traffic a left turn lane from northbound Gum Spring Road (Route 659) to Mayhew Lane prior to approval of cumulative SPEX uses on the Property that would result in total vehicle trip generation exceeding 646 ADT as specified in Condition 3. Such construction shall be completed consistent with County and VDOT standards. Occupancy Permits shall not be issued for cumulative SPEX Uses and Bed and Breakfast use on the Property that would result in vehicle trip generation exceeding 646 ADT until the Applicant has provided (i) written documentation from County Building and Development or Zoning Administration staff that the said northbound turn lane has been constructed and open to traffic, or (ii) written documentation from Zoning Administration staff that the said construction and opening to traffic is no longer a prerequisite for issuance of such occupancy permit, or (iii) such other documentation or evidence of either of the foregoing which may hereafter be established by the County as suitable confirmation of same.

a. Right of Way / Easements. The Applicant shall dedicate to the County or VDOT

as applicable from the Property, at no public cost, right-of-way, along with all necessary related road construction and maintenance easements, such as slope maintenance, storm drainage, temporary construction, and utility relocation easements located outside of the right-of-way, sufficient to accommodate the northbound turn lane on Gum Spring Road as described in Condition 8. Any right-of-way and all related easements necessary to accommodate said turn lane shall be dedicated prior to approval of any STPL, SPAM, REST, or Sketch Plan generating the need for said turn lane, with requisite construction plans, plats and deeds prepared by the Applicant.

b. Off-site Right-of-Way / Easements. If off-site right-of-way and/or related

easements needed for the northbound turn lane on Gum Spring Road as described in this Condition 8 above is not available, the Applicant shall make a good faith effort to acquire the same by purchase at fair market value or otherwise. Applicant shall advise the County of such acquisition efforts and shall, to the best of their ability, attempt to acquire such off-site rights-of-way and/or

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easements without the need for eminent domain proceedings. Where, after good faith efforts, the said right-of-way and/or easements cannot be obtained either voluntarily or through purchase by the Applicant, then the Applicant may request the County to acquire such right-of-way and/or easements by appropriate eminent domain proceedings, with all costs associated with such eminent domain proceedings to be borne by the Applicant, including, but not limited to, the land acquisition costs and appraisal fees. The initiation and prosecution of such eminent domain proceedings shall be solely within the discretion of the County. In the event the County elects not to initiate or prosecute such eminent domain proceedings, the Applicant shall have no further responsibility to acquire such right-of-way and/or easements. In the event the County elects to defer the initiation of eminent domain proceedings, the Applicant’s obligation to acquire off-site right-of-way and/or easements shall be similarly deferred, but development of the SPEX Uses and Bed and Breakfast use on the Property may proceed.

9. Road Access Standards. Pursuant Table 5-654 of Section 5-654 of the Zoning

Ordinance, Special Exception (SPEX 2012-0025) approved with this application grants approval of the use of an onsite private road (Mayhew Lane), constructed pursuant to a Type A1 Roadway standard per the Facilities Standards Manual (FSM), and with more than 600 vehicle trips per day, to provide access to and from Gum Spring Road (Route 659), a public road, to serve the SPEX Uses.

10. Special Exception Compliance Information. The Applicant shall include with each future STPL, SPAM, REST, or Sketch Plan for the SPEX Uses on the Property a “Summary of Permitted SPEX and SPMI Uses” demonstrating conformance with the use and trip generation restrictions described in Conditions 3 and 8. Such “Summary of Permitted SPEX and SPMI Uses” shall include, but shall not be limited to: 1) number of SPEX Uses and Bed and Breakfast use permitted, existing or proposed; 2) total guest rooms permitted, constructed and/or proposed; 3) total restaurant seats permitted, provided and/or proposed; and 4) total persons permitted to attend events principally held by SPEX Uses on a weekday/weekend, existing attendance and/or proposed attendance. The Applicant shall update this “Summary of Permitted SPEX and SPMI Uses” with each subsequent site plan or sketch plan for the SPEX Uses. All zoning permit applications for the SPEX Uses shall include a cumulative number of guest rooms, restaurant seats, and weekday / weekend event attendance approved by prior zoning permits for SPEX Uses and Bed and Breakfast uses on the Property. The STPL, SPAM, REST, Sketch Plan or zoning permit Applications shall also include a table listing by each Building, as depicted on the SPEX Plat, existing and proposed SPEX uses, existing and proposed guest rooms, and existing and proposed restaurant seat.

11. Site Plan Required. Commencement of any of the SPEX Uses and Bed and Breakfast use at the Property will require the approval of a STPL, REST, or Sketch Plan, as applicable and the approval of a Zoning Permit pursuant to Sections 6-700

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and 6-1000 of the Zoning Ordinance, respectively, prior to the establishment of any such use and may be subject to additional requirements as part of the approval of any such application.

12. Fence Adjacent to Katebini Boundary / PIN: 210-18-8799. The Applicant shall construct a three-strand wire fence with metal posts, or other similar structure at the Applicant’s option, along the common property boundary between “Parcel B” and PIN: 210-18-8799 within the “Tree Conservation Areas” depicted on the SPEX Plat. The proposed fence shall be included on the STPL, SPAM, REST or Sketch Plan, as applicable, when a Bed and Breakfast Inn use is established on Parcel B and shall be constructed prior to the issuance of the Occupancy Permit for a Bed and Breakfast Inn use on Parcel B. Such Occupancy Permit shall not be issued until the Applicant has provided (i) written documentation from County Building and Development or Zoning Administration staff that the said fence has been constructed and installed, or (ii) written documentation from Zoning Administration staff that the said construction is no longer a prerequisite for issuance of such occupancy permit, or (iii) such other documentation or evidence of either of the foregoing which may hereafter be established by the County as suitable confirmation of same.

Note. Fire and Rescue Contribution. Prior to Zoning Permit approval for each of the SPEX Uses, the Applicant has agreed to make a one-time contribution for the benefit of the servicing fire and rescue companies in the amount of Ten Cents ($0.10) per square foot of the gross square footage associated with each of the SPEX Uses which shall be payable to the County for distribution by the County to the volunteer fire and rescue companies providing service to the Property. This contribution shall be paid at the time of Zoning Permit approval for the square footage included in that Zoning Permit approval. The amount of such contribution shall be adjusted annually from the base year of 1988, and change effective each January 1st thereafter, in accordance with changes to the Consumer Price Index, for all urban consumers (CPI-U), 1982-1984=100 (not seasonally adjusted) as published by the Bureau of Labor Statistics, U.S. Department of Labor, for the Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan Statistical Area (the “CPI”). Contributions pursuant to this paragraph shall be divided equally between the servicing fire and rescue companies providing fire and rescue services to the Property. Notwithstanding the foregoing, if at the time of the application for any such zoning permit, the primary servicing fire and rescue companies do not utilize, to any significant extent, either volunteer staff or apparatus owned by a volunteer organization, then no contribution shall be provided by the Owner. The intent of this provision is to support volunteer fire and rescue staffing and operations so long as any significant element of the primary provider of fire and rescue services to the Property is volunteer owned or operated. If only one of these services has ceased to utilize volunteer staff and apparatus, then the contribution shall be halved and shall be provided to the remaining company.

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Sunset Crest Manor Sunset Crest Trip Generation 6/1/2015

ITE

Code Land Use Amount In Out Total In Out Total In Out Total In Out Total In Out Total ADT

210 Single-Family Detached 2 units 1 1 2 2 1 3 20 2 1 3 24

310 Hotel 10 occupied rooms 4 3 7 3 4 7 89 4 4 9 105

560 Church * 6,000 SF 2 1 3 3 4 7 55 0 0 0 0

N/A Event** 324 Persons 146 30 176 439

Peak Hour *** 55 Persons 26 4 30 4 26 30 75

Off Peak 9-4 weekdays *** 100 Persons 48 7 55 8 47 55 136

Evening 7-10 weekdays **** 200 Persons 15 95 110 271

Total Trips 33 9 42 13 35 47 646 152 36 188 568

Change from 2013 Traffic Statement (2) (1) (3) (1) (2) (3) 331 28 2 30 85

Percentage Change -6% -8% -6% -5% -6% -6% 105% 22% 6% 19% 18%

* Church will not be open for service on Saturday. Effective Trips for Sunday less than event uses.

** Event shown for Saturday peak and Daily trips.

***Maximum 100 visitors on weekdays daily. Trips are estimated from traffic statement, based on trip rates derived for events, calculated as a per person average at 1.36 trips/person attending. Used Total ADT for max trips.

Roadway peak period between 7-8 AM and between 4-6 PM weekdays.

****Maximum 200 visitors on weekday evenings daily, with reduced through traffic on Route 659. Shown to calculate Daily trips vpd counts if evening activity.

ITE

Code Land Use Amount In Out Total In Out Total In Out Total In Out Total In Out Total ADT

210 Single-Family Detached 2 units 1 1 2 2 1 3 20 2 1 3 24

310 Hotel 50 occupied rooms 19 14 34 17 18 35 446 22 22 44 525

560 Church * 6,000 SF 2 1 3 3 4 7 55 0 0 0 0

931 Quality Restaurant 60 seats 1 0 2 10 5 16 172 12 8 20 169

N/A Event** 400 Persons 181 37 218 542

Sat. Event (Off Peak) ** 250 Persons 0 0 0 339

Peak Hour *** 180 Persons 86 13 99 14 85 99 244

Off Peak 9-4 weekdays *** 300 Persons 22 143 165 3 162 165 407

Evening 7-10 weekdays **** 350 Persons 22 171 193 3 190 193 475

Total Trips 110 30 140 47 113 160 1,818 216 68 284 1,598

Change from 2013 Traffic Statement 14 (4) 10 (15) 2 (13) 470 61 7 69 (150)

Percentage Change 15% -11% 8% -24% 2% -8% 35% 40% 12% 32% -9%

* Church will not be open for service on Saturday. Effective Trips for Sunday less than event uses.

** Event shown for Saturday peak and Daily trips. Off Peak Sdaturday shown to if more thabn 1 evwent occurs. Peak traffic not the same time as 400 person event.

***Maximum 300 visitors on weekdays daily. Trips are estimated from traffic statement, based on trip rates derived for events, calculated as a per person average at 1.36 trips/person attending. Used Total ADT for max trips.

Roadway peak period between 7-8 AM and between 4-6 PM weekdays.

****Maximum 350 visitors on weekday evenings daily, with reduced through traffic on Route 659. Shown to calculate Daily trips vpd counts if evening activity.

Revised Table 4 w/ Off-Peak Uses

Development: Sunset Crest Manor

Revised Phase 1 Trip Generation Summary w/ Off-Peak TripsAM Peak Hour AM Off-Peak PM Peak Hour PM Off-Peak SAT Peak HourADT (veh

per Day)

Revised Table 7 with Off-Peak Uses

Development: Sunset Crest Manor

Revised Phase 2 Trip Generation Summary w/ Off -Peak TripsAM Peak Hour AM Off-Peak PM Peak Hour PM Off-Peak SAT Peak HourADT (veh

per Day)

Pennoni Sunset Crest Manor_20150427rev_warrants.xls

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