Mayfair-Autumn Hill Summary.pdf
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Mayfair /Autumn Hill Summary Page 1 of 2 HISTORY AND FACTS OF MAYFAIR (FORMERLY KNOWN AS “AUTUMN HILL”) HISTORY In 1991, Loudoun County approved the rezoning of a 51.8 acre tract of land known as “Autumn Hill” to allow 492 residential units, subject to a requirement that 25% of these units be available as affordable housing units. The approved rezoning included proffers offered by the applicant and approved by Loudoun County (“1991 Proffers”), which stated that the project would be served by public water and sewer, and that the applicant was responsible for entering into an agreement with the Town of Purcellville with regard to the provision of utilities to Autumn Hill. However, the Town was not required to annex the property, nor was it required to serve the out-of-town property with Town water and sewer. In the more than 20 years since the project was approved, the Town rejected requests for its annexation twice. In 2002, Brookfield Homes purchased the property and continues to own it. In 2009 Brookfield requested annexation into the Town, but the application was not approved. Consequently, Brookfield pursued development of the property in the County. Brookfield created a development plan that provides water and sewer service to Autumn Hill through wells, a water treatment facility, and an underground waste water treatment facility (Alternative Onsite Sewage System). The plan would result in 492 dwelling units located on approximately 52 acres, and a 17-acre parcel with wells, a water treatment facility, and Alternative Onsite Sewage System serving those residential units. In July of 2011, Brookfield submitted to Loudoun County, in preparation of its site plan for 492 units, a request for a determination that an Alternative Onsite Sewage System would satisfy the Proffers approved in 1991. The County determined that such a system would not satisfy the Proffers, and that only water and sewer service from the Town would satisfy the 1991 Proffers. Because the Town is under no obligation to provide out-of-town properties with Town water and sewer, and under no obligation to annex the property, Brookfield’s options were to (1) get the Town to agree to annex the property, (2) challenge Loudoun County’s refusal to allow development with an onsite water and sewer system, or (3) concede that the property cannot be developed with any use under its current zoning. In 2011, Brookfield filed a lawsuit in Loudoun County Circuit Court asking the Court to rule whether the 1991 Proffers required that water and sewer service be provided by the Town, as the County maintained, or whether the property could be developed with an Alternative Onsite Sewage System, as allowed under Virginia Code when public sewer is not available. In addition, Brookfield proceeded with obtaining the requisite permits from the State. In 2012 and 2013, respectively, Brookfield obtained permits from the Virginia Department of Health to construct the Alternative Onsite Sewage System and water treatment facility. After the lawsuit was filed, Supervisor Janet Clarke, whose district includes the Town of Purcellville, approached the Town to discuss working together to settle this issue for the benefit of both the County and the Town. Annexation was discussed as an approach to settling the lawsuit and getting a development that would pose far less impact than the 492 units currently approved. The Town participated in discussions, but talks terminated without an agreement. Subsequent to those talks, Loudoun County filed a motion against Brookfield, arguing that Brookfield’s claim was not properly before the Court. In March, 2013, the Court ruled that Brookfield’s claim was properly before the Court and later scheduled summary judgment motions to be heard in late November. The Court’s opinion stated the following: Importantly, the impasse in part does not arise because the Administrator or the Board refused to recognize the primacy of § 15 .2-2157( c), but that to express such an opinion permitting the construction of an Alternative Onsite System in satisfaction of the proffer would be outside of their authority. Thus, the Administrator's opinion [and thus the Board's decision on appeal] refusing to rule on the application of § 15.2-2157(c) creates this present impasse. The Court’s ruling gave all the parties reason to reconsider a negotiated solution. It is the obligation of both the Town Council and the Board of Supervisors to seriously consider the consequences to the Town and County if Brookfield were to prevail in Court and develop 492 dwelling units on the boundary of the Town, served by wells and an Alternative Onsite Sewage System.
description
History of the Mayfair-Autumn Hill property and summary of plan to cut the number of residential units by 47%.
Transcript of Mayfair-Autumn Hill Summary.pdf
Mayfair /Autumn Hill Summary Page 1 of 2
HISTORY AND FACTS OF MAYFAIR (FORMERLY KNOWN AS “AUTUMN HILL”)
HISTORY
In 1991, Loudoun County approved the rezoning of a 51.8 acre tract of land known as “Autumn Hill” to allow 492 residential units, subject to a requirement that 25% of these units be available as affordable housing units. The approved rezoning included proffers offered by the applicant and approved by Loudoun County (“1991 Proffers”), which stated that the project would be served by public water and sewer, and that the applicant was responsible for entering into an agreement with the Town of Purcellville with regard to the provision of utilities to Autumn Hill. However, the Town was not required to annex the property, nor was it required to serve the out-of-town property with Town water and sewer.
In the more than 20 years since the project was approved, the Town rejected requests for its annexation twice. In 2002, Brookfield Homes purchased the property and continues to own it. In 2009 Brookfield requested annexation into the Town, but the application was not approved. Consequently, Brookfield pursued development of the property in the County. Brookfield created a development plan that provides water and sewer service to Autumn Hill through wells, a water treatment facility, and an underground waste water treatment facility (Alternative Onsite Sewage System). The plan would result in 492 dwelling units located on approximately 52 acres, and a 17-acre parcel with wells, a water treatment facility, and Alternative Onsite Sewage System serving those residential units.
In July of 2011, Brookfield submitted to Loudoun County, in preparation of its site plan for 492 units, a request for a determination that an Alternative Onsite Sewage System would satisfy the Proffers approved in 1991. The County determined that such a system would not satisfy the Proffers, and that only water and sewer service from the Town would satisfy the 1991 Proffers. Because the Town is under no obligation to provide out-of-town properties with Town water and sewer, and under no obligation to annex the property, Brookfield’s options were to (1) get the Town to agree to annex the property, (2) challenge Loudoun County’s refusal to allow development with an onsite water and sewer system, or (3) concede that the property cannot be developed with any use under its current zoning.
In 2011, Brookfield filed a lawsuit in Loudoun County Circuit Court asking the Court to rule whether the 1991 Proffers required that water and sewer service be provided by the Town, as the County maintained, or whether the property could be developed with an Alternative Onsite Sewage System, as allowed under Virginia Code when public sewer is not available. In addition, Brookfield proceeded with obtaining the requisite permits from the State. In 2012 and 2013, respectively, Brookfield obtained permits from the Virginia Department of Health to construct the Alternative Onsite Sewage System and water treatment facility.
After the lawsuit was filed, Supervisor Janet Clarke, whose district includes the Town of Purcellville, approached the Town to discuss working together to settle this issue for the benefit of both the County and the Town. Annexation was discussed as an approach to settling the lawsuit and getting a development that would pose far less impact than the 492 units currently approved. The Town participated in discussions, but talks terminated without an agreement. Subsequent to those talks, Loudoun County filed a motion against Brookfield, arguing that Brookfield’s claim was not properly before the Court. In March, 2013, the Court ruled that Brookfield’s claim was properly before the Court and later scheduled summary judgment motions to be heard in late November.
The Court’s opinion stated the following:
Importantly, the impasse in part does not arise because the Administrator or the Board refused to recognize the primacy of § 15 .2-2157( c), but that to express such an opinion permitting the construction of an Alternative Onsite System in satisfaction of the proffer would be outside of their authority. Thus, the Administrator's opinion [and thus the Board's decision on appeal] refusing to rule on the application of § 15.2-2157(c) creates this present impasse.
The Court’s ruling gave all the parties reason to reconsider a negotiated solution. It is the obligation of both the Town Council and the Board of Supervisors to seriously consider the consequences to the Town and County if Brookfield were to prevail in Court and develop 492 dwelling units on the boundary of the Town, served by wells and an Alternative Onsite Sewage System.
Mayfair /Autumn Hill Summary Page 2 of 2
FACTS
1. Cuts Number of Housing Units Nearly in Half • Cuts number of housing units from 492 to 257, a reduction of 47% - similar in size to Hirst Farm.
All units are market rate.
2. Protects Our Water Supply and Environment • The reduction in density on the property from 492 to 257 housing units reduces traffic congestion
and its related pollution and preserves green space.
• Bringing the property into Town assures public water and sewer is used, eliminating the need for a 17-acre water and wastewater treatment facility and avoiding any adverse environmental impacts from such a system. Sufficient Town water and wastewater capacity exists.
3. Proffers: Cash Proffers and Constructed Transportation Improvements
• Over $1.3 million in proffers, including:
a. $750,000 in proffered transportation funds and constructed road improvements will
benefit the Town.
b. Construction and dedication of the portion of the Northern Collector Road located on the Mayfair property. This portion of the Northern Collector Road will assist in the future linkage of Purcellville Road to Hillsboro Road, providing the potential for additional access to recreational facilities and Woodgrove High School.
c. $530,000 in capital improvement / fire & rescue cash proffers ($2,069 per unit).
4. Tax Revenues and Fees; Reduces the Need for Utility Rate Increase • $12.3 million in water and sewer connection fees, which will eliminate or reduce future user fee
increases.
• More than $1 million in recurring annual revenue for the Town’s general and utility funds.
5. Expands Our Business Tax Base Annexation enables the adjacent property, currently planned by Brookfield to be a 17-acre water and wastewater treatment facility, to be rezoned for economic development similar to the adjacent Valley Industrial Park.
6. Doing Nothing Leaves the Town at Risk • If the Town does nothing, there is a risk that the project may be developed in the County with 492
units for which the Town would receive no tax revenues, no proffers, and no potential for expanding the business tax base. Instead, such development on the boundary of the Town would increase traffic and stress Town public services without offering any financial benefit.
• Doing nothing means the Town has no influence or control over how the property is developed, as it is outside our jurisdiction.
