The URL can be used to link to this page

021-21 (RezoningOrrickCommons) , coORDINANCE VA w � w yta6IAi naa Action: PLANNING COMMISSION: September 1, 2021 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: September 22, 2021 Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#04-21 ORRICK COMMONS WHEREAS,REZONING#04-21 ORRICK COMMONS was submitted by David Holliday Construction, Inc. to rezone 33.61+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers. The property is located north of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (Route 1406)within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on September 1, 2021 and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on September 22, 2021; and WHEREAS, the Frederick County Board of Supervisors rinds the approval of this Rezoning to be in the best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan. NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 33.61+/- acres from the RP (Residential Performance)District to the RP(Residential Performance)District with revised proffers,all as shown on the proffer statement bearing signature date September 22,2021. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22nd day of September 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye David D. Stegmaier Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Mary TePrice Interim County Administrator RES4021-21 CO REZONING APPLICATION#04-21 w ORRICK COMMONS w Staff Report for the Board of Supervisors G1Prepared: September 15,2021 ,gN! 1738 Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 09/01/21 Recommended Approval Board of Supervisors: 09/22/21 Pending PROPOSAL: To rezone 33.61+/- acres from the RP (Residential Performance)District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The property is located south of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/22/21 BOARD OF SUPERVISORS MEETING: The subject property is part of the original Orrick Commons rezoning which was approved in 2006 for 22.06 acres of B2(General Business)District zoning and 33.61 acres of RP(Residential Performance) District zoning. The proffers for the 33.61 acres of RP are restricted to age-restricted dwelling units. This requested rezoning only pertains to the 33.61 acres zoned RP as the improvements; the B2 properties will remain subject to proffers for the 2006 rezoning. It should be noted that a separate proffer statement for the RP parcel would not impact the overall development as the proffers for the B2 zoned properties have previously been completed. The site is located within the limits of the Senseny Eastern Urban Area Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. This rezoning proposes to revise the proffers pertaining to the dedication of park land and preservation of a pond. The 2006 rezoning proffered 3.5 acres to Frederick County as a park and a proffer that required an existing pond to be preserved within the park area. The approved and proposed proffer for the park area allows the area to count towards the required open space for the age-restricted residential development. Dedication of that land would also require approval from the Applicant and Frederick County; the Applicant would most likely be the Homeowners Association depending on the ultimate timing of the request. The Applicant with this amendment,is seeking to eliminate the requirement for the pond preservation and relocate the park(increased to 6 acres)to the southeastern portion of the property. The Applicant has added a provision to the proposed proffer that would allow the area to be utilized for utilities, grading, as well as drainage and stormwater improvements associated with the development of the Property. Any recreational improvements constructed by the Applicant within the park area shall be permitted to count towards the recreational amenities required by the Frederick County Zoning Ordinance for development of the Property. Rezoning 904-21 Orrick Commons September 15,2021 Page 2 It should be noted that this revised application does restrict the total number of units permitted on the property to a maximum of 170 units — 122 single family (detached or attached) and 48 multi-family units. The approved proffer statement allows for the maximum density allowed in the Zoning Ordinance which could result in up to 201 dwelling units. The Planning Commission held a public hearing for this rezoning at their meeting on September 1, 2021 and ultimately recommended approval. The Planning Commission during their meeting discussed buffering along adjacent developments and the potential to relocate the park in lieu of removing it entirely. Following the meeting,the Applicant submitted revised proffers seeking to address buffering and a proposed relocation of the park. Staff would note concerns regarding the language in the proffers allowing improvements such as utilities and stormwater infrastructure to be located within the park area. Followinu the reauired public hearing, a decision regarding this rezoning application by the Board o Supervisors would be appropriate. The Applicant should be prepared to adeauately address all concerns raised by the Board ofSupervisors. Rezoning 904-21 Orrick Commons September 15,2021 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 09/01/21 Recommended Approval Board of Supervisors: 09/22/21 Pending PROPOSAL: To rezone 33.61+/- acres from the RP (Residential Performance)District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The property is located south of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656), west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-201B PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: RP (Residential Performance) District Use: Residential South: RA (Rural Areas) District Use: Residential East: RP (Residential Performance)District Use: Residential West: B2 (General Business)District Use: Commercial/Vacant RP (Residential Performance) District Use: Residential Rezoning 904-21 Orrick Commons September 15,2021 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted for the Orrick Commons Residential Rezoning dated May 24, 2021. The documentation within the application to rezone this property appears to have little measurable impact on Route 656 (Greenwood Road) and Farmington Boulevard. These are the VDOT roadway which have been considered as access to the referenced property. VDOT is satisfied the transportation proffer offered in the Orrick Commons Residential Rezoning application dated May 24, 2021 address transportation concerns associate with this request. Frederick County Public Work Department: A comprehensive review should occur at the submission of subdivision plan. We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Frederick County Park&Recreation Department: Parks and recreation recommends keeping the park concept, has no issue with moving the location. Proffer contribution should follow the current proffer impact model calculations. Frederick Water: Reviewed proposal dated May 5, 2021. No comment. Frederick -Winchester Service Authority: FWSA defers comments on sewer capacity and availability to Frederick Water. Frederick County Public Schools: As Orrick Commons will be retaining its age restricted status, FCPS offers no comments. County of Frederick Attorney: Please see attached comments from Roderick B. Williams, County Attorney dated June 29, 2021. Planning & Zoning: 1) Site History The original Frederick County Zoning Map(U.S.G.S. Stephenson Quadrangle)identifies this property as being zoned A-2(Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. On June 28,2006,Rezoning 404-06 was approved which rezoned the property to the RP (Residential Performance) District with proffers. Rezoning 904-21 Orrick Commons September 15,2021 Page 5 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development,preservation,public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to guide the future development of Frederick County. The Area Plans,Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Comprehensive Plan-Land Use The Senseny Eastern Urban Area Land Use Plan of the 2035 Comprehensive Plan provides guidance on the future development of the property. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. 3) Proposed Proffer Amendments: Park Area This request is seeking to revise the proffers pertaining to the dedication of park land and preservation of a pond. The 2006 rezoning proffered 3.5 acres to Frederick County as a park and a proffer that required an existing pond to be preserved within the park area. The approved and proposed proffer for the park area allows the area to count towards the required open space for the age-restricted residential development. Dedication of that land would also require approval from the Applicant and Frederick County; the Applicant would most likely be the Homeowners Association depending on the ultimate timing of the request. The Applicant is seeking to eliminate the requirement for the pond preservation and relocate the park(increased to 6 acres)to the southeastern portion of the property. The Applicant has added a provision to the proposed proffer that would allow the area to utilized for utilities,grading,as well as drainage and stormwater improvements associated with the development of the Property. Any recreational improvements constructed by the Applicant within the park area shall be permitted to count towards the recreational amenities required by the Frederick County Zoning Ordinance for development of the Property. Staff would note that the new provisions for utilities, grading, drainage and stormwater improvements within this park space could greatly impede any future plans for development should this park be dedicated to Frederick County for public use. Residential Density The proposed proffers associated with this application would restrict the total number of units permitted on the property to a maximum of 170 units— 122 single family(detached or attached) Rezoning 904-21 Orrick Commons September 15,2021 Page 6 and 48 multifamily units. The approved proffer statement allows for the maximum density which could result in up to 201 dwelling units. 4) Proffer Statement: The revised proffers associated with this rezoning application are as follows; Proffer Statement—Dated May 5, 2021, revised September 7, 2021: 1. LAND USE: 1.1 Residential development shall be provided as a mixture of single family and multi-family units. Development of the Property shall not exceed a total of 170 dwelling units. Multi-family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law,the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as"age-restricted" and shall be restricted to"housing for older persons" as defined in Va. Code Ann. § 36- 96.7,or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances,regulations, design standards,and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subj ect to a homeowners' association (hereinafter"HOA")that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities,duties,and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned,an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road Rezoning 904-21 Orrick Commons September 15,2021 Page 7 buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. 4. WATER& SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP) 5.2 The Applicant shall provide a single row of evergreen trees planted a maximum of ten feet on center within a 10 wide landscape easement between any single- family residential lots constructed on the Property and existing single family lots adjacent to the property. Said trees shall be a minimum of four feet tall at time of planting,maintained by the HOA,and shall be bonded or installed prior to the issuance of an occupancy permit for the 75th dwelling unit constructed on the property. (Added following the September 1 sr Planning Commission meeting) 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled"A Traffic Impact Analysis of the Orrick Property,"prepared by Patton Harris Rust& Associates, dated October 11, 2005 (the"TIA"). The Applicant shall privately fund all transportation improvements required of this proj ect. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201F and 55-A-201G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP) 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). 7. DESIGN STANDARDS Rezoning 904-21 Orrick Commons September 15,2021 Page 8 7.1 All facades of any multi-family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and/or Harditrim, or material of comparable quality; Azek Trimboards or material of comparable quality;Fypon brackets and/or cornice details; stucco;glass. Any multi-family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi-family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. 8. PARKS AND RECREATION 8.1 The Applicant shall reserve an open space area for an approximately 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open space for the Property and may be utilized for utilities,grading, as well as drainage and stormwater improvements associated with the development of the Property. Any recreational improvements constructed by the Applicant within the park area shall be permitted to count towards the recreational amenities required by the Frederick County Zoning Ordinance for development of the Property. (Added following the September P Planning Commission meeting) Staff Note: The construction of utilities or stormwater facilities within the park space could greatly impede any future plans for development should this park be dedicated to Frederick County for public use. 8.2 The Applicant shall contribute to the Board the sum of$248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 9. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers,utility equipment storage will be contained within fenced enclosures contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of$166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of$37.00 per dwelling unit Rezoning 904-21 Orrick Commons September 15,2021 Page 9 for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of$76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of$31.00 per dwelling unit for library purposes,payable upon the issuance of an occupancy permit for each dwelling unit. Staff Note - Monetary Proffers: With this revision, the application has retained the 2006 monetary proffers pertaining to Parks and Recreation,Fire and Rescue, General Government, Public Safety and the Library. The proffer as currently approved provides for $558 per dwelling unit. While categories such as the Library and General Government are no longer eligible(for new proposals), the County's Capital Impacts Model(CapIAI) identifies an impact of$2,086 per unit ($308/unit for Parks and$1,778 for Fire and Rescue). 14. FUTURE ROAD IMPROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of$2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an occupancy permit for each dwelling unit. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/01/21 MEETING: Staff provided an overview of the application to the Planning Commission. The Commission inquired whether there had been discussions with the Applicant regarding the possibility to relocate the park instead of removal and whether wetlands were present on the site where the pond is located. Three citizens spoke during the public hearing and expressed concerns about drainage issues in the adjoining neighborhood,traffic and the need for a stop sign and buffering between the development and the neighboring houses. Concern was expressed about the removal of mature trees along the property line between the developments. The Commission requested clarification on what buffers would be necessary between the developments. Staff noted that there is not a requirement for a buffer as the housing types are similar; the perimeter of the development would contain single family which is similar to adjoining uses. Installation of a stop sign within the development was discussed and whether it would be possible. Staff explained that a stop sign should not be a component of the proffers as it would be ultimately up to VDOT to decide if it would be permissible. Mr.Patrick Sowers of Dave Holliday Construction,Inc.,representing the Applicant noted that the pond Rezoning 904-21 Orrick Commons September 15,2021 Page 10 is located at the high point of the development and any development would ensure that drainage from the site would not impact adjoining properties. Regarding landscaping and existing vegetation, the Applicant noted that until the development is designed,they cannot determine the extent of the removal of the existing vegetation. The Commission inquired if the Applicant would be willing to provide a buffer between the developments,either trees or a fence;the Applicant stated that they would consider some form of buffer between the developments. The Applicant was asked if they had discussed with Parks and Recreation another option instead of removal of the park; the Applicant stated that they would be willing to relocate the proposed park to another location on the site. A motion was made, seconded, and passed to recommend approval of REZ #04-21 for Orrick Commons with amendments from the Applicant regarding buffers and relocation of the park. Followinz the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. "—' MINGTON a �, " TEABERRY DR - --' FARMINGiON ., '�. 204` A •11., BLVD a-.� BL'VD�' ',° TREFOIL Ci /� 206 • 213. �' -109 104 T,; ;LILYS 434 212 221 / iREFO1L� TREFOIL Ci 108 TEABERRY DR yyq 103 FARMINGTON FARMINGTON -+ BLUEBELL Ci ,103 Y LILYS �-•-a 225 '' iEABERRY'DR 1RLISE LN-210 BLVD BLVD -208, 111 BLUEBELL Ci yygy-436 FARMINGTON"- TREFOIL Ci 110 TEABERRY DR LILYS BLVD FA�R�MINGiON BLVD_ IN ♦ FARMINGiON BLVD o `- TREFOIL Ci BERRY DR ��13 '° LADYSLIPPE WAY i.kL 2 202 FARMINGiON • 210 " 105 218 - R.pR; BLVD TREFOIL Ci ` �ARLISE LN FARMINGiO� <; ;.,, 212 -- ,- ,1.12 TEABERRY DR BLUEBELL Ci 105 BLVD 229 231 "TREFOIL Ci iEABERRY DR BLUEBELL Gi 222 FARMINGTON FARMINGTON 115 108 ,' 204,E 103 FARMING 24 BLVD =BLVD ,t- 1,14. �ItABERRYDR BLUEBELLCi.� LADYSLIPPER;DR RTHURLN .r . BLVD iEABERRYDR 1,1.7 107 ® 220 FARMINGiON .,r ' -BLUEBELL Ci 206 ' 105 FARMINGiO BLVD 116 ABERRYDR_ LADYSLIPPERDR ARTFIUR LN BLVD 102 ,{ _ - iEABERRY.DR 121 „ 107 ARDEYTFI LN 101 '�' TEABERRY'DR ARDEYTH LN 118_ � 208 _ ARTHUR LN 171 -' -• j ,., iEABERRYDLADYSLIPPER DR , ARTHUR LN 104 103 `' TEABERRY DR 04ARDEYTFI LN ARDEYTFI LN B 120 125 IUR LN 113 105 iEABERRY DR `' 123 iEABERRY DR v • ARTHUR LN ARDEYTH LN ��/ s;, iEABERRY TE, - • ARTHUR LN gRDEYTFI LN - TEABERRY DR 'iEABE10 122 1RRY.DR B E2RRY,DR )O6 112 _ KAY C-i ARTHUR LN 109 128 21 ARDEYTH LN a iEABERRY DR 7" 114 LLLA"D-"Y-"SLIP� 104 ARTHUR LN 111 - 130' - 1 KAY C-i ARDEYiH LN LADYSLIPPE TEABERRY DR 100 113 215 10 Gi KAY ARDEYTH:'LN •' ' • • LADYSLIPPER DR NESCLII • 115„ - 103 4Y Gi ARDEYTH LN, r r 4 NESCLIFFECi KAY C-i 101 1 L7 �7�y ARDEYTH LN U`+* rr• - 401 119 55 A 201B FARMINGTON ARDEYTH-LN �.. BLVD- 121` .. ARDEYTHLN 40,E ' 'FARMINGTON 400 BLVD ^ FARMINGTON �,-, 4o - BLVD. 404 .FA RMING 118 FARMINGTON 4LVD SESAR Ci VD 401208 w, SESAR Ci _� 116a FARMING • BLV[ ' SESAR Ci � SESAR 4 SA CT 121— 11 SESAR Ci,, - R Ci 106. > ' w SENSE SESAR< ;• SESAR'Ci 115 27� 009 - �`. 2056 _,��. SENSCi NE Y RD SENSE NY RD SESAR 113 1.997 2019 117 v SESAR Ci SESAR CT SENSENY RD SENSENY RD SESAR°Ci - _ 109 2003 2025 SESAR Ci SENSENY RD SENSENY RD 2041 2085 2097 •• 1 A • 2031 SENSENY RD SENSENY RD SENSENY RD - •r • SENSENY RD r Vii.iii�� Oii�cc.. r pn.r _ Orii•n�i ,' `.:4"'♦♦Ii:�•�...,.♦� •-•, .rte. 2015 /♦ :. :'�.:�`. I�♦��.•. 2037 2055 r.�� d ♦ A .. iii SENSENY RD SENSENY RD SENSENY RD ��pQ �; iOi� ., ,��`.�� •� '•;��;�..;`♦,r �� SENSENY RD ,�� r• . O� ♦ On�'7 iii♦i O♦ sir - 2014 •/ SENSENY RD 1• ._! .• .' . ��4� I SENSENY RD �_ : •`��', Z7 2004 2034 ► •7.1 , ! Q, "'�Ini 2024 SENSENY RD .►i..p a< SENYRD • 2135 2147 iii �•b�llllll// //'�� /.�i. bi�ip SENSENY RD. . II ">� ♦ / 123, • X2064 - SENSENY RD SENSENY - r��Il, �� i�iii BEEN WOOD 125 SENSENY RD orn •` •�.`:`/i` AVE 138: 2077 - '� ` IiI GREEN FOOD e,r�,!_ MALOYDR.°# SENSENY RD FARMINGTON 20$ TEA BERRWDR- BLVD BLVD®FOIL CT 206 ® 213 109 LILYS 212 221 FOIL CT iREFO1L CT TEABERRY DR 104 434 103 FARM NI ETON FARMINGTON TRE108 BLUEBELL Ci •, 103 WAY LILYS BLVD5a+ 208 TEABERRY DR436 1RLISE LN 210 BLVD FARMINGTON 111 BLUEBELL Ci WAY LILYS TREFOIL Ci 110 TEABERRY DR �-'�^^ FARMINGTON BLVD 2T4 • BLVD 22 21q 202 WAY FARMINGTON • FARMINGTON'BLVD 210 TREFOIL @T TEABERRY DR 113 LADYSLIPPER DR R 166 I`z LN BLVD FARMINGT IN '+iREFO1L CT 212 112 TEABERRY DR BLUEBELL CT OS BLVD 229 �2.3�.1'IR iREFOIL Ci► TEABERRY DR 115 108 BLUEBELL Ci 204 ,222 FARMINGTON FARMINGiON 103 FARMINGTON 224 BLVD BLVD �14 TEABERRY DR BLUEBELL GT I:ADYSLIPPER DR RTHUR LN .• • BLVD TEABERRY DR 11.7 107 I220 FARMINGTON BLUEBELL CT 206 105 FARMINGTON BLVD 116 �TEABERRY DR 121 LADYSLIPPER DR ARTFIUR LN BLVD 102 TEABERRY DR 107 ARDEYTFI LN ARDEYTFI LN 118 � TEABERRY DR 208 ARTHUR LN 171 TEABERRY DR 19 LADYSLIPPER DR ARTFIUR LN 104 103 120 TEABERRY DR 1 UR LN 113 ARDEYTFI LN ARDEYTFI LN TEABERRY DR 123 TEABE2525 DR ARfliUR LN 105 A - TEABERRY DR RDEYTHLN ARTHUR LN 107 y 5 122 124 TEABERRY DR 106 112 ARDEYTH LN TEABERRY DR TEABERRY DR KAY C-i ARTHUR LN 109 128 21 ARDEYTH LN/ - TEABERRY DR �DYSLIF 104 ARTHUR LN RDE LN LN� �30 LADYSLIPPE KAY C-i TEABERRY DR KAY C-i 1 ARDE 1?FI LN/ - 10 2T5 115 X105 --- •- 'lei It J DYSLIPPER DR NESCLII 4Y Gi ARLIC YTFI LNof - •• • 103 103 ,�� NESCLIFFE Ci KAY O-i 101 11J ARDEYTH LN/ KAY Gi 401 119 55 A 201B �FARMINGTON ARDEYTH LN BLVD 12T ARDEYTFI LN 4 z#. FARMINGTON 400 BLVD FARMINGTON 406 BLVD 404 FARMING 118 FARMINGTON BLVD SESAR Ci BLVD 120 408 116 FARMING 'SESAR @T SESAR% BLV[ 112 114 SESAR CT SESAR GT 2045 SENSENY RD " s., 11,9 SESAR f `.. rf °� SESAR C-T 115 2009 2056 1997 SENSENY RD 42019 / SENSENY RD , ,� 117 SESAR Ci 113 171 SENSENY RD SENSENY'RD �*''•a - SESAR @T SESAR CT SESAR Ci 2003 2025 t SESAR Ci SENSENY RD RD - SENSENY ' 2041 2085 + r< 2097 _ • 2031 SENSENY RD SENSENY RD ,r -SENSENY •• • SENSENY RD 4 r Vii�� r�� n��♦� "riii�: 2015 2105 O!� '••♦��♦�`` O♦♦�� ♦� �• .. 2037 2055 �.�� .. ♦♦��♦ .�. r�i P 4p SENSENY RD SENSENY RDSENSE NY RD ��pQ �; iOi ., ��`.� �• '•;��; ..;`♦,r �� SENSERD ►� r• . O ♦ On' iii♦i O♦ sir " EN 2123 � �1�♦•i• r♦�i'� ��►�i:•� •ion ar�� 2014: •q SENSENY RD 1• _ ._;II�` ,. .�� ..�q} I SENSENY RD 2004 2034 ► �7`I , Q� '"'"�.Pni 2024 SENSENY RD ��.►i.•p �� SEN RD SENSENY RD . �I ">� ♦ / 123 • 2064 SENSENY RD SENSENY 2077 tai: \ ,• �Mit/l//iii—4/1• Q �•• • ENSENYRD 2100 r �_ REZ # 04 - 21 : Orrick Commons PIN: 55 - A - 2016 Rezoning from RP to RP with Revised Proffers Long Range Land Use Map � „,. • F �®�♦ f� ,.. ♦ .� o � SCP . : :♦:♦ .,. ♦' .. .. . �;�e � ' . � s„, ,Ir � A'pR'17,y .�♦®� �' • e♦fie♦ e:► .��,��, y�1'�- ♦:♦♦ ..:� ♦ ♦ ` ♦ �1: STEEPLECHASE o ems♦ ♦♦♦♦♦♦♦♦♦♦♦:♦®♦ ♦ .. `♦♦j .. . Subdivisiori .• e ♦♦e ♦j�e�ee♦♦e♦ 6i ♦♦ ♦ v♦� �-�:♦�� a C� �:�:��♦�♦�♦♦ ♦j�♦�♦�♦:♦♦j e�, .• ♦�♦ ..,® � ♦♦fie♦♦e♦ "�.., ♦♦♦e♦♦♦♦j♦jee ♦e♦jee ♦ ♦, ♦� •: •• ••♦je .O ♦♦e♦e`,� �`� •♦ ♦i♦i♦i♦%%%%%%oil ♦♦ ♦e��%♦® • `% iei♦ .• a r'S'UR ' P� ei♦iei♦We�♦�♦�♦�♦♦e♦�e�♦�e�♦♦e♦�e�♦�e�♦tee♦ ♦ ♦�e�♦ ♦♦ ♦ e v :. � • ♦♦♦♦♦♦♦�♦♦♦♦♦ems,♦♦♦♦♦♦♦ .. �. .. �. ycr � Ce'.TIC�7 '•' ♦♦♦e♦♦♦e♦♦e♦♦♦a♦♦♦e♦♦i.�♦�♦..♦��..!♦%%�ei♦♦♦e♦ems:i♦i♦♦ee�♦�♦�♦�♦♦e♦ ♦ , ►♦♦♦♦♦ ♦♦♦♦ ♦♦♦♦♦e♦�e ♦♦ ' '9 a♦♦♦e♦♦♦♦�♦�♦♦♦e♦♦♦♦♦i ORRICK COMMONS ♦♦♦♦�♦ -- �•:., ee♦e♦♦♦e♦♦ee♦e♦♦♦e ♦.♦. - �♦♦♦♦ee♦♦♦e♦♦♦e♦eee♦��i♦ie♦eee♦e♦i0 ' • �• , �® a♦e♦♦♦♦:♦:e:♦e♦♦♦♦♦e♦♦♦e♦♦♦♦k ud- i issiion ♦♦:♦�♦♦♦e♦♦♦♦♦j♦jam♦�♦♦♦e♦jej:♦:�:e:♦:♦♦♦♦♦ lel � e♦♦e♦ee♦♦♦e♦♦♦e♦ ♦♦♦♦e♦♦♦♦e e♦♦♦♦♦♦♦♦e♦♦♦e♦��♦.,ems♦♦ ♦♦♦♦♦♦♦♦e♦♦♦e♦ ♦♦e♦e♦e♦� ♦♦♦♦♦♦♦♦e♦♦♦e♦♦♦♦♦♦♦ Lapc? '•',-� ♦e♦♦♦♦♦♦♦♦♦♦♦♦� e�e�♦♦♦ems♦♦♦♦♦♦e♦e♦eiii e♦♦♦e♦♦ee♦♦♦♦�♦♦♦♦♦♦♦♦REZ!#04-21�e♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦e♦e♦♦�♦tee♦♦�e�♦ee�'�.►� ♦e♦♦♦e♦♦♦♦ ♦♦♦♦♦e ♦♦♦e + v♦♦e ♦♦♦♦♦♦ " •.. . ♦♦♦♦♦e♦♦♦♦♦♦e♦♦a♦♦♦♦♦♦e♦♦♦e, '-"-♦♦e♦e♦♦♦♦♦♦a♦j♦♦♦♦♦♦♦�j♦j♦♦♦♦♦♦eee♦je♦♦♦♦♦e ° • • a< � ♦♦ T ♦�e�♦�♦�♦�♦♦♦e♦♦♦es♦�♦♦♦e♦♦♦e♦♦♦♦:♦e♦♦♦e♦♦ee♦ee♦:♦:♦♦♦e♦ee♦:♦:♦♦ee♦ee♦♦♦e♦�♦�♦♦ee♦♦1 ' • ♦♦♦♦e♦♦♦e�♦♦♦♦♦e♦♦♦e♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�e�♦♦�♦�♦�♦�e�♦♦e♦♦♦�♦�e�♦♦e♦♦♦e♦♦ • ♦e♦♦♦♦♦♦♦e♦♦♦�♦�e®♦♦e♦♦♦e♦♦e�♦�e�♦♦e♦♦e♦♦♦e♦♦�e♦�e�♦�♦�,►�♦eA♦�♦�♦�♦�♦�♦�♦♦e♦♦♦.♦♦ .,, ♦♦e ♦♦�,. ♦♦ee♦♦♦♦♦e♦♦♦e♦♦♦♦e♦♦♦e♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦e ♦e♦e ♦♦♦♦♦♦♦ ®.♦,,. . . . . . . ♦♦♦♦♦♦♦e♦♦e♦♦♦♦♦♦e♦♦♦♦♦♦♦♦e�♦♦♦♦♦♦e♦♦♦♦♦♦♦�♦♦♦♦♦♦♦♦�e�®�♦s♦♦e♦♦ee♦♦♦e♦♦ ♦ ®.♦e ♦♦♦♦♦♦♦�e�♦�e♦e♦♦e♦e ♦♦♦♦♦♦♦ ♦♦♦♦e♦♦ a®♦♦♦�♦�♦�e�♦�e�♦tee . ♦ e♦ , . . . . . a♦♦♦♦♦♦e♦♦♦♦♦♦♦♦e♦♦♦♦♦e♦♦♦♦♦♦♦�♦�♦�♦♦e♦�♦�♦�♦�♦�e�:♦:♦ee♦♦♦e♦i i ie♦♦ . . ♦ems♦�♦�e�♦�♦��e�♦♦ ♦♦�e�♦�♦�♦♦♦♦�♦�♦�♦�♦�♦a♦♦�♦�♦�♦♦♦♦♦♦♦♦e ♦ ♦e ♦.c ♦♦♦:e:♦�♦�♦♦♦♦♦�♦♦ee♦ ♦e♦♦♦♦♦♦♦♦♦♦e:♦:e�♦�♦♦e♦♦♦♦♦�♦�♦�♦♦e♦♦♦ ♦�♦�♦♦ ♦♦ ♦ ♦ ♦�♦!, . . . . . . . ee♦♦i♦iei♦iei♦ie♦ ♦♦i♦%%♦�♦♦♦e♦♦♦e♦�♦�♦�♦�e♦♦♦♦♦♦�♦�♦�e�♦♦ .' • • • • • • • • • •e♦e♦j♦♦♦e♦ • • • • e♦♦e♦♦�♦j♦j♦♦♦♦e♦ewe♦e♦♦♦♦e♦e♦e♦ee♦♦e♦♦ a♦ee♦e S►a e®♦ ♦♦♦ • ♦j♦j ♦♦♦♦♦♦ej♦je♦♦♦♦♦ej♦je♦♦♦e e ♦ ♦ ♦e • • • • • • • • • • • • • • • • • • • ♦j�♦�♦�♦♦♦e♦jej♦♦e♦♦e♦je♦♦ '� � S ♦ e • • • • • • • • • • • • • •, • • • • • • • • • ♦ems♦�♦j♦j♦�♦�♦��je� • ♦e a ''��®♦ S,qR ®e® �• • • • ��• • • • • • • • • • • • � • • • • • '• • • ♦♦eejj:�:♦�♦wee • • • � ®ems ♦♦ �� w •. • • • • • • • .� • • • • • • • • • • • ♦j�e�♦,e►♦ • • • • • ♦jam ♦♦ '� e♦S. .� • • -� • • • • • • • • • • • • • • • • • • • • • • • • • • • • LYNNEHAVEN • • • • • • • • • • " • • • • '= • • • • • ,• • • • • • • • • • • • • Subdivision • • • • • ,H.L.PATTON • • '• • • '• • • • • • • • • • • • •Subdivision, • • • • • • • • • • • • • • • • • • • • • • • • O�O�( NASSAUDR= • SF/ys • • • • • • • • • • • • • • • • • • • • • • • • BRAS o a °A'° �Fa ° • • • ' _ FNY/p� • • • • • • • • • • • • • • • • • • •• • •SUb( a RTyGA P� ,��pQ' • • ' • • , • • • • • • • • • • • • • • • • • • • • z GROCERYAVE ��0,(,P 2GpQ' Jo �r'• • � • • ., • • • • • • • • • • • • • • • • • • • � � tam° 220 r•' • • • • • • • yoi \oP2 SENSENYRD Application Parcels Sewer and Water Service Area Long Range Land Use N Urban Center 1 O Residential,4 u/a 7 \ W E J S r J Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 175 350 700 Feet Map Created:August 16,2021 Orrick Commons Residential Proffer Statement PROFFER STATEMENT REZONING: RZ. #: RP (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY: 33.61 Acres +/-; Tax Map Parcel 55-A-201B (the "Property") RECORD OWNER: DAVE HOLLIDAY CONSTRUCTION INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION INC. PROJECT NAME: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: May 5, 2021 REVISION DATE(S): August 5, 2021; September 7, 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 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. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 revised September 7, 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page 1 of 6 Orrick Commons Residential Proffer Statement 1. LAND USE: 1.1 Residential development shall be provided as a mixture of single family and multi-family units. Development of the Property shall not exceed a total of 170 dwelling units. Multi-family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDP. 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age-restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances,regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS'ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA' that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) Page 2 of 6 Orrick Commons Residential Proffer Statement responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets. 4. WATER&SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP) 5.2 The Applicant shall provide a single row of evergreen trees planted a maximum of ten feet on center within a 10 foot wide landscape easement between any single family residential lots constructed on the Property and existing single family lots adjacent to the Property. Said trees shall be a minimum of four feet tall at time of planting, maintained by the HOA, and shall be bonded or installed prior to issuance of an occupancy permit for the 75'x'dwelling unit constructed on the Property. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA's. The Applicant shall privately fund all transportation improvements required of this project. 6.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201F and 55-A-201G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on GDP) Page 3 of 6 Orrick Commons Residential Proffer Statement 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on GDP). 7. DESIGN STANDARDS 7.1 All facades of any multi-family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone;wood; Hardishingle and/or Harditrim, or material of comparable quality;Azek Trimboards or material of comparable quality;Fypon brackets and/or cornice details; stucco;glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi-family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. S. PARKS AND RECREATION 8.1 The Applicant shall reserve an open space area for an approximately 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open space for the Property and may be utilized for utilities, grading, as well as drainage and stormwater improvements associated with development of the Property. Any recreation improvements constructed by the Applicant within the park area shall be permitted to count towards the recreation amenities required by the Frederick County Zoning Ordinance for development of the Property. 8.2 The Applicant shall contribute to the Board the sum of$248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 9. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of$166.00 per dwelling unit for fire and rescue purposes,payable upon the issuance of an occupancy permit for each dwelling unit. Page 4 of 6 Orrick Commons Residential Proffer Statement 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of$37.00 per dwelling unit for general government purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of$76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of$31.00 per dwelling unit for library purposes, payable upon the issuance of an occupancy permit for each dwelling unit. 14. FUTURE ROAD IMPROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an occupancy permit for each dwelling unit. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 5 of 6 Orrick Commons Residential Proffer Statement Respectfully submitted, Dave Holliday Construction,Inc. By: Title: STATE OF VIRGINIA,AT LARGE FREDERICK COUNTY,To-wit: The foregoing instrume was ackno ledged before me this i —day of L 021,by My commis ion expires Notary Public Nancy Tilson Sinback NOTARY PUBLIC Commonwealth of Virginia Reg. #7292148 My Commission Expires 12/31/2022 Page 6 of 6 X D D 7 m NORTH 2TNEOT.ATE GRID 7 RD 2 a � O u F D C Z n O Z / n / k a11, 4 m " A,�, •; 1 7 all i r d'a 1 i r T° , l< 0a--- s" — _ -- / 3 \ r C n G rn � - O K � a n Orrick Commons Residential Proffer Statement PROFFER STATEMENT REZONING: RZ. #: RP (Residential Performance) to RP (Residential Performance) 33.61 acres +/- PROPERTY: 33.61 Acres +/-; Tax Map Parcel�55-A-201B [rii(the "Property") RECORD OWNER: DAVE HOLLIDAY CONSTRUCTION, INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION, INC. PROJECT NAME: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: May 5, 2021 REVISION DATE(S): August 5,2021: September 7, 2021 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 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. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" dated April 12, 2021 revised September 7, 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement, and shall include the following: Page 1 of 6 Orrick Commons Residential Proffer Statement 1. LAND USE: I[P2] 1.1 Residential development shall be provided as a mixture of single family and multi-family units. Development of the Property shall not exceed a total of 170 dwelling units. Multi-family units shall not exceed 48 total units. The locations of the dwelling units on the Property shall be located as generally depicted on the GDPI[Ps]. 1.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age-restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. [P4#P5] 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS'ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument, (v) Page 2 of 6 Orrick Commons Residential Proffer Statement responsibility for payment for maintenance of streetlights, and (vi) maintenance of private streets�1?6]. 4. WATER& SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Wate4l?7]. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: [P8] 5.1 The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Property. Disturbance of the stream channel shall be prohibited. (See 1 on GDP�P9i) 5.2 The Applicant shall provide a single row of evergreen trees planted a maximum of ten feet on center within a 10 foot wide landscape easement between any single family residential lots constructed on the Properj,: and existing single family lots adjacent to the Property. Said trees shall be a minimum of four feet tall at time of planting, maintained by the HOA_ and shall be bonded or installed prior to issuance of an occupanc312ermit for the 75`h dwelling unit constructed on the Propert3:[Pioi 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. [Pii16.2 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) [P12]�[P13]6.3 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax map parcels 55-A-201F and 55-A-201G, for both vehicular and pedestrian traffic. Said connection shall be made in the location depicted on the GDP. (See 3 on IGDPkP14]) Page 3 of 6 Orrick Commons Residential Proffer Statement 6.4 Concurrent with the extension of Farmington Boulevard provided by Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing Ladyslipper Drive. (See 4 on�GDP�[P15]). [P16]�[P17]�[P18]7. DESIGN STANDARDS [P19] I[P2o]7.1 All facades of any multi-family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone;wood; Hardishingle and/or Harditrim, or material of comparable quality;Azek Trimboards or material of comparable quality;Fypon brackets and/or cornice details; stucco;glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.2 Any multi-family residential structures located on the Property shall incorporate bays and columned porches to more effectively relate to surrounding properties. �M] 8. PARKS AND RECREATION 8.1 [P22]The Applicant shall reserve an open space area for an approximately 6.0 acre park in the location depicted on the GDP. At such time that both the Applicant and the Board find it to be in the best interest of the County, said nark may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open space for the Property and may be utilized for utilities, grading, as well as drainage and stormwater improvements associated with development of the Property. Any recreation improvements constructed by the Applicant within the nark area shall be permitted to count towards the recreation amenities required by the Frederick County Zoning Ordinance for development of the propeP23 . ,8 8.2 [P241The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, ayable upon the issuance of an IoccupanCy P251 permit for each dwelling unit. [P26#P27#P28] Page 4 of 6 Orrick Commons Residential Proffer Statement 9. SOLID WASTE AND RECYCLING CONTAINERS 9.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 10. FIRE AND RESCUE 10.1 The Applicant shall contribute to the Board the sum of$166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occupancy Ipermi�[1`29] for each dwelling unit. 11. GENERAL GOVERNMENT 11.1 The Applicant shall contribute to the Board the sum of$37.00 per dwelling unit for general government purposes, payable upon the issuance of an (occupancy Pao] permit for each dwelling unit. 12. PUBLIC SAFETY 12.1 The Applicant shall contribute to the Board the sum of$76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occupancy[P3i] permit for each dwelling unit. 13. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of$31.00 per dwelling unit for library purposes, payable upon the issuance of an occupanc�1`321 permit for each dwelling unit. 14. FUTURE ROAD IMPROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an loccupancyl[P33] permit for each dwelling unit. [P34#P35#P36] Page 5 of 6 Orrick Commons Residential Proffer Statement SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, Dave Holliday Construction,Inc. By: Title: STATE OF VIRGINIA,AT LARGE FREDERICK COUNTY,To-wit: Page 6 of 6 Orrick Commons Residential Proffer Statement The foregoing instrument was acknowledged before me this day of ,2021,by My commission expires Notary Public Page 7 of 6 Orrick Common Residential ProfferStatement ]PRO P0944D PROFFER STATEMENT REZONING: RZ.#: RA—RP (P ra!AreasResidentia]Performance)to RP(Residential Performance)33.61 acres PROPERTY: 5033.61 Acres+/-; Tax Map Parcel 155-A-201B (the"Property") --------------- Commented[Pt]:This Proffer Amendment deals only with the RP zoned(Residential)portion of Orrick Commons RECORD OWNER: .DAVE HOLLIDAY CONSTRUCTION,INC. APPLICANT: DAVE HOLLIDAY CONSTRUCTION,INC. PROJECT NAME: Orrick Commons Residential ORIGINAL DATE OF PROFFERS: Deeet"b _6,200 May 5,2021 REVISION DATE(S): August 5 2021: Sot207,2021 The undersigned hereby proffers that the use and development of the subject property ("Property"),as described above,shall be in strict conformance with the following conditions,which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP --� onditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be cull and void. Further, these proffers are contingent upon final rezoning of the Property with "filial rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed,the day following which the decision has been affirmed on appeal. 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. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement,unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest When used ill these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons Residential" datedN: 45, 20"2o1il 12, 2021 revised Alfty 42,-2006S�otember 7, Page 1 of 96 Orrick Commons Residential Proffer Statement 2021 (the "GDP"), attached hereto and incorporated as part of this Proffer Statement,and shall include the following: 1. LAND USE: 458,000 .______feet,:__ a__t___.:___ a__:_._a ___a__16"nl Commented[P2]•Proffer removed asitisspecific tothe adjoining commercial property. 4-.-21.1 Residential development shall be provided as a mixture of single family and multi-family units. Development of the Property shall not exceed a total of 170 dwelling units. Getitt�y GeAe. Multi-family units shall not exceed 48 total units. The locations of the dwelling units on the PropeM shall be located as generally depicted on the JGDPI _ _____ -- Commented[P3]:Proffer added to(i)limit development to a maximum of 170 dwelling units instead of 201 units 4-31.2 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, currently permitted,and(ii)limit total number of multi- family units to 48. Areas for each housing type are more the Federal Fair Housing Law, and other applicable federal, state, or local fully described by the proffered GDP. legal requirements, all dwelluig units shall be identified as "age-restricted" and shall be restricted to"housing for older persons"as defined in Va.Code Atm. 5 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. ______________________________________ Commented[P4]:Proffer removed asrtisspecific tothe adjoining commercial property. .._et a_4e -- Commented[PS]:Proffer removed as it is specific to the adjoining commercial property. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances,regulations,design standards,and this Orrick Commons Residential Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS'ASSOCIATION: Page 2 of 96 Orrick Common Residential Proffer Statement 3.1 The residential development shall be made subject to a homeowners' association (hereinafter"HOA")that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities,duties,and powers as are customary for such associations or as may be required for such HOA herein. 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots,or otherwise granted to the HOA by appropriate instrument, (y) responsibility for payment for maintenance of streetlights and vi maintenance of private�streets�. --- Commented[P6]:Clarifies HOA's maintenance responsibilities for private streets within the development 4. WATER&SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of ''ate--Frederick County Sattifatieft Tate The cost of all water and sewer im rovements will be ____________________p____________- Commented[P7]:Proffer updated to reflect Frederick borne by the Applicant. Water as current entity name for water and sewer. 5. ENVIRONMENT: HCC-�94V14 F6"H- 4 t"SH6�T I --- Commented[P8]:Proffer removed as compliance with current stormwater management regulations will require 5.21 BMP for the site. The Applicant shall preserve the existing intermittent stream channel located on the Southeast portion of the Pro er . Disturbance of the stream channel shall be prohibited. See 1 on GDP ,-- Commented[P9]:The tree save area proffer was specific to the adjoining commercial area. The stream preservation 5.2 The Applicant shall provide a single row of evergreen trees planted a area is a newly proposed proffer based on existing site an maximum of ten feet on center within a 10 foot wide landscape easement conditions d the layout proposed by the latest GDP. between any single family residential lots constructed on the Property and existing single family lots adjacent to the Property. Said trees shall be a Page 3 of 96 Orrick Commons Residential ProfferStatement minimum of four feet tall at time of planting,maintained by the HOA,and shall be bonded or installed prior to issuance of an occupancy permit for the 75"dwelling unit constructed on the Property- --- Commented[PI 0]:This proffer provides for a landscape buffer between proposed single family dwellings and 6. TRANSPORTATION: existing single family dwellings on adjoining parcels. This buffer is not otherwise required by the Zoning Ordinance or by the existing proffers for the project. 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled"A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust&Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. C_____ _____________________________ Commented[PI I]:Proffer removed as it is specific to the adjoining commercial property. 6.-32 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) latte of Settsetty Read (Route 657) at the inferseefiett of Setise"Read fttt 696)to ,,.. , 4te 13_e13e...a 13-rej et 1ettt f.t,e --- Commented[PI 2]:Proffer removed as it is specific to the adjoining commercial property. f_effiIG—W&,,_. --- Commented[PI 3]:Proffer removed as it is specific to the adjoining commercial property. 6.63 The Applicant shall construct an interconnected transportation network to connect the Property with the adjoining commercial property, identified as Frederick County tax may parcels 55-A- 201F and 55-A-201G, for both vehicular and pedestrian traffic. Said (AMP) attd/or site development platt (SDP) preeess and sh*U iftelude a onnection Page 4 of 96 Orrick Commons Residential Proffer Statement F-4 41 Pe 4-2-rFv eei:4-shall be made in the location depicted otu the GDP. (See 43 on IGDPb -- Commented[P14]:Proffer re-worded to reflect that the proposed interparcel connection proffer is specific to the 6.74 subject Property and not the adjoining commercial area. As proposed,the interparcel connection will align with the existing access easement on record in the commercial area, consistent with the existing proffers. bttildittg.Colicurrelit with the extension of Farrningiori Boulevard provided b): Proffer 6.2, the Applicant shall construct a sidewalk connection from Farmington Boulevard to the existing sidewalk along existing LaasliPper Drive. (See 4onGDP.�-___________________________________ Commented[P1 5]:The Senseny and Greenwood transportation improvements have been removed as they are specific to the commercial property. The addition of a sidewalk connection from Farmington Blvd to Ladyslipper Drive is an addition associated with this proposed proffer amendment. rl____.ft___f of T_____�_..._d___ /C__5___!GDP __________,-' Commented[Pt 6]:Proffer removed as it is specific to the adjoining commercial property. -' Commented[Pt 7]:Proffer removed as it is specific to the adjoining commercial property. 6.40 4he Arpfieftttf sltft4 work with Gottttty Sfftff ftttd VBOT ftf the fittte of site by _ Commented[PI 8]:Proffer removed asitisspecifictothe adjoining commercial property. 7. DESIGN STANDARDS Page 5 of 96 Orrick Commons Residential ProfferStatement tttftferi94 f___n ________.__:_ih___aa:____I Commented[PI 9]:Proffer removed as it is specific to the adjoining commercial property. 7.2 AU buildings wi"n the eammereial area of the Property shA itteerper-Afe ,...t_4i ftg se ff ffi tfte. 1_eeaf_g t fe4�eff_ . s .._f_:c_,:f_g.t..,.:,_._L.le ...._.I Commented[P20]:Proffer removed as it is specific to the adjoining commercial property. 7.31 All facades of any multi-family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick,stone,or simulated stone;wood;Hardishingle and/or Harditrim,or material of comparable quality,Azek Trimboards or material of comparable ug alit Fypon brackets and/or cornice details;stucco;glass. Any multi- family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.42 Any multi-family residential structures located on the Property shall incorporate ,bays;and columned porches to more effectively relate to surrounding properties, eatteept-tiff!.t_.__:"g,.k4et_6a,..t s;_44i ih-i. n ff d h;_Mbit tz I ,- Commented[P27]:The development concept for the project 15 years ago planned for a single L-shaped apartment 8. PARKS AND 1EC1EAMN building with 87 dwelling units. As the proposed proffer amendment now provides for fewer multi-family units and the intent is not to provide for a single,L-shaped building, 8.1 The Applicant shall reserve the"non-symmetrical massing"language has been removed. an open space area for an approximately X6_0 acre park in the location As the referenced Exhibits were specific to a product for a depicted on the GDP previous applicant,the reference to those Exhibits has been the residential partiatt of the Proper . n _v ,.h* :_elu removed. �� At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. The park area shall be permitted to count towards the required open space for the Property and may be utilized for utilities, Wading, as well as drainage and stormwater improvements associated with development of the Property. Any recreation improvements constructed by the Applicant within the park area shall be permitted to count towards the recreation amenities required by the Frederick County Zoning Ordinance for development of the Proer -- Commented[P22]:The open space/park area has been shifted from the west side of the site to a larger bay of open space on the east side of the site(3.5 acres vs 6.0 acres)to incorporate the existing ephemeral stream located on the Property. The Applicant intended to remove this proffer entirely,but in response to comments made at the 9/1/21 Planning Commission meeting,the Applicant has included the potential for the park space to be dedicated to the County at a future date should the County and Applicant(likely the future HOA for the development at that time)agree. Page 6 of 96 Orrick Common Residential ProfferStatement a_c___ __c_______._.:___ of a__proposed-l._4 -- Commented[P23]:Proffer removed as it is specific to the adjoining commercial property. 8�8.2 The Applicant shall contribute to the Board the sum of$248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of an occu an ermit for eac-h d_w_el_ling unit -- Commented[P24]:All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, P. _11"_NLPNLPr 144 nr A N consistent with the Code of Virginia. -- Commented[P25]:Proffer removed as the Zoning Ordinance requires full cut-off fixtures and prohibits 40 8IG TGE floodlighting. ------- Commented[P26]:Proffer removed as it is specific to the adjoining commercial property. 40.2n_tett i.. a._,.n be p feliR_]....7 e._.>,,.In_e._,._«J -. Commented[P27]:Proffer removed as it is currently a requirement of the Zoning Ordinance. 4479. SOLID WASTE AND RECYCLING CONTAINERS 8-49.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 410. FIRE AND RESCUE "LO.1 The Applicant shall contribute to the Board the sum of$166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of an occu anc ermit fox each dwellingunit. - Commented P28•All monetary proffers revised to Pip �----____- _-- - [ ]• Y reflect trigger of occupancy permit for monetary proffers, 4-311. GENERAL GOVERNMENT consistent with requirements of the Code of Virginia. 4-311.1 The Applicant shall contribute to the Board the sum of$37.00 per dwelling unit for general government purposes, payable upon the issuance of an btiiMittg-occu an ermit for each dwelling unit. ,- Commented[P29]:All monetary proffers revised to reflect trigger of occupancy permit for monetary proffers, 4412. PUBLIC SAFETY I consistent with requirements of the Code of Virginia. 12.1 The Applicant shall contribute to the Board the sum of$76.00 per dwelling unit for public safety purposes, payable upon the issuance of an occu anc permit for each dwellingutast ,- Commented P30 All monetary proffers revised to ------------- -------------------- [ ]• Y reflect trigger of occupancy permit for monetary proffers, consistent with requirements of the Code of Virginia. Page 7 of 96 Orrick Common Residential ProfferStatement 4-513. LIBRARY 13.1 The Applicant shall contribute to the Board the sum of$31.00 per dwelling unit for library purposes,payable upon the issuance of an occu anc -- Commented[P31]:All monetary proffers revised to permit for each dwelling unit. reflect trigger of occupancy permit for monetary proffers, consistenI with requirements of the Code of Virginia. 4-614. FUTURE ROAD IMPROVEMENTS 14.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of an htii44iftgoccu anc permit for each ,- Commented[P32]:All monetary proffers revised to dwelling unit. reflect trigger of occupancy permit for monetary proffers, consistent with requirements of the Code of Virginia. 1'Z TTTTL'Dn A D!`L'T !`/ITTTTL'!`TT/IT.Tj VllrnTr)ml____.__I - Commented[P33]:Proffer removed as the GDP shows all interparcel connection proposed as part of the development. 1Q !`(ID DTTI(lD L'T�TU ATS A`L'T TL'r.TTc beth eerri4ers. Said street frees shall be planted of 40'I P._.I ___- - Commented[P34]:Proffer removed as it is specific to the adjoining commercial property. 49i-N'TERIG T A NDSG AA T]NQ 0 �F --- Commented[P35]:Proffer removed as it is specific to the adjoining commercial property. Page 8 of 96 Orrick Common Residential Proffer Statement SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, Dave Holliday Construction,Inc. By: Title: Page 9 of 96 Orrick Common Residential Proffer Statement STATE OF VIRGINIA,AT LARGE FREDERICK COUNTY,To-wit: The foregoing instrument was acknowledged before me this day Of -20062021,by My commission expires Notary Public cT n TL' OF oz fl , To Witt Page 10 of 96 Orrick Common Residential Proffer Statement of -2006,by Noffti7 publiE Page 11 of 96 Ila-Hollidav Construction,Inc. September 8, 2021 Candice Perkins, AICP Deputy Director Department of Planning and Development Frederick County 107 North Kent Street Winchester, VA 22601 RE: Orrick Commons Residential — Proffer Amendment Revisions Dear Mrs. Perkins, Please find attached the following revised application materials for the Orrick Commons Residential Proffer Amendment: 1. Revised Proffer Statement dated September 7, 2021 2. Redlined version of revised proffer statement compared with existing approved proffers for the project 3. Redlined version of the revised proffer statement compared with the August 5t" version, as presented to the Planning Commission, to show only those changes made in response to comments made at the September 1st Planning Commission meeting 4. Revised GDP dated September 7, 2021 In response to comments made by the Planning Commission, the attached revised proffer statement and GDP provides for (i) an evergreen buffer between any new single family lots proposed within the project and existing single family lots on adjoining parcels and (ii) a park reservation area, approximately 6.0 acres in size. Should the Applicant and Board of Supervisors agree at a future date, this area will be dedicated to the County for use as a public park. If you have any questions or would like to discuss further, please feel free to contact me at (540) 336-3333. Sincerely, Patrick Sowers Director of Land Development 420 W.Jubal Early Drive, Suite 103 • Winchester,VA 22601 • Ph: 540-667-2120 • Fx: 540-667-5414 CO�� 4 � AMENDMENT yt*Gf Inn Action: PLANNING COMMISSION: May 3, 2006 - Recommended Approval BOARD OF SUPERVISORS: Tune 29, 2006 U APPROVED DENII-D AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 404-06 OF ORRICK CEMETERY, INC. WHEREAS, Rezoning 404-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates,to rezone 33.61 acres from RA (Rural Areas)District to RP(Residential Performance)District and 22.06 acres from RA(Rural Areas) District to 132 (General Business)District with proffers,for Mixed Use CommerciallRcsidential, was considered. The property is located on the northeast quadrant of the intersection of Senseny Road(Route 657) and Greenwood Road(Route 656)with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number(PIN) 55-A-201. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 3, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 24, 2006; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan: NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, 'Zoning, is amended to revise the Zoning District Map to change 33.61 acres from RA (Rural Areas) District to RP(Residential Performance)District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. for Mixed Use CommerciallResident]a], as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 417-06 This ordinance shall be in effect on the date of adoption. Passed this 28th day of June, 2006 by the follmving recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Clary Dove Aye Bill M. l wing Aye Gene E. Fisher Aye Charles S. Del-liven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST me" John Hey, Jr. Frederick County Administrator PDR es#17-06 Orrick C'ommon.r nr6la r -.xcmcrt PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA(Rural Areas) to RP (Residential Performance) 33.61 acres +/ and B2 (Business General) 22.06 acres +/- PROPERTY: 55.6708 Acres +/-; Tax Map Parcel 55-A-201 (the "Property") RECORD OWNER Orrick Cemetery Company,Inc. APPLICANT: Paramount Development Corporation JUN 9 PROSECT NAME: Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 March 22, 2006 April 13, 2006 May 12, 2006 May 24,2006 June 2, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 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. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated November 15, 2005 revised May 12, 2006 (the "GDP"), and shall include the following: Page 1 of 9 Urr7ck C.ommonf 1. LAND USE: 1.1 Commercial development on the Properly shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi-family units, the mixture of which will be dictated by the Frederic,-, County Code. The locations of the single family units and multi-family units shall be located as generally depicted on the GDP. 1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age-restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. 5 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS'ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as maybe required for such HOA herein. Page 2 of 9 n u�u taf,mcr.: Umck C.ammans 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. NATER&SENVER 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be bome by the Applicant. 5. ENVIRONMENT: 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 vAiich results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 5.2 The applicant shall preserve a minimum of 8,000 square feet as a tree save area in the location depicted on the GDP to protect the existing trees located in this area of the Property. Clearing or grading of said tree save area shall be prohibited. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as aright tum lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes gill be installed within existing right of ways. Page 3 of 9 01 rLc k C011 MOnf S 117f'mpnl 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the fust single farnily dwelling unit. Design of Famsington Boulevard shall include traffic cahning measures acceptable to VDOT. (See 2 on GDP) 64 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and GreenNvood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Green'wwod Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional right-of-way along Greenwood Road (Route 656). Said right of ways shall be dedicated 'Within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property, A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 da)5 of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a Iandscaped median with street trees. Page 4 of 9 Orrick COlT r111Jl7J -Pr er j iairzvexi 6.1Q The Applicant shall work Kith County Staff and VDOT at the time of site plan review to install a raised, textured, concrete median on Senseny Road if deemed appropriate. The size and width of said median shall be determined by VD OT. 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal fagade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Properryshall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi-family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick, stone, or simulated stone;wood;Hardishingle and/or Harditrirn, or material of comparable quality; Azek Trimboards; Fypon brackets and/or cornice details; stucco; glass. Any multi-family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi-family residential structures located on the Property shall incorporate non-s}T=ctncal massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. 8, PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minirnurn, walking trails and a water feature utilizing an existing pond. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. 8.2 The Applicant shall design and build a public pedestrian-bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails Page 5 of Orn'k Commons shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy, of any commercial building. The trail crossing of the proposed boulevard stele entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwellirtg unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit 9. LI GFMNG PL-kN 9.1 Low impact outdoor lighting meeting dark sly criteria will be utilized anth a maximurn pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $166.00 per du=elling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVE RNTME NT 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 ne Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 Orrick Commons Proffer Szazrmr,,1 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building pem-11it for each dwelling unit. 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. INTERPARCEL CONNECTIONS 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. 18. CORRIDOR ENHANCEMENTS 18.1 The Applicant shall locate street trees along the road frontage of both Senseny Road and Greenwood Road to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. 19. INTERIOR LANDSCAPING 19.1 The Applicant shall landscape a minimum of 6% of the interior portions of parking lots for all parking located within the commercial area of the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 C rr k Common Pro er Datemert Respectfully subrm'ned, Orrick Cemetery Company,Inc. By. 4 Title: S'L'ATE OF VIRGINTIA, AT LARGE FREDERICK COUNTY, To-ait: The foregoing instrument -vas acknowledged before me thisday of )(J c _ , 2006, by 5 Myconir fission expires . �� [ p- Notary Public Page 8 of 9 Orr*k Commons Pro_#er S tatement Paramount Development Corporation By: Tide: [S I f), rV STATE OF VUJ,-� AT LARGE COUNTY,To-wit: DM V The for going instnun as AC-no w ' day of 2006 v My co s on ices Notatty Public Respectfully s ed, Page 9 of 9 c S Uric - r It 14f�l O ' U ` ~ O I U LL- CDcr Q o O � m I x O L r z m w I � a ❑ � n f ui �J moa ` a a / a � Li cc �� Q W C7 U� O d1 C U ` ° �L m ` • A E om o \ x ' I N J\ C • +� U]ll.I , 2M wQ LL m � j 1 Ni 6 N p u / mo O C a27 AR m �L Z b IL N UJ m L 2 m m GREENVdC ROAD Rt. 656 L L SL4 rnaa �n SNOMOO >01000 ,t vied— >mI - �.�c-ter.,✓� ��'�:.h-Tf��i-��_+E'�,` � •t'� 1 � lda� I k� ��' '� c 1�=1., ,lig.�..gel' S..� - '��I. ;ir,•. . ' '. y �I iif-J it r' tel; !fI W r, . -sk oil ®mn SNOWW03 A:)QI O 74, i I/.�I Yz� Jf- OUTPUT MODULE Applicant: Orrick Commons Residential Units (number) 184 Units SFD 92 SFA 0 MFD 92 Non-Residential (sq. ft.) 55,000 Sq. Ft. Retail 53,000 Sq. Ft. Office 0 Sq. Ft. Total capital facilities impacts to mitigate $ 2,976,608 Total revenue from commercial component $ 3,206,871 10 Year average of expenditures toward capital items 18% Revenue to assign as credit from commercial component $577,237 Total capital facilities impacts left to be mitigated $ 2,399,371 Total Cost of Total Net Cost of Capital Facilities Capital Facilities Per Unit Fire And Rescue $115,922 $93,442 $508 General Government $51,916 $41,848 $227 Public Safety $106,817 $86,102 $468 Library $43,278 $34,885 $190 Parks and Recreation $346,848 $279,586 $1,519 School Construction $2,31 1,828 $1,863,508 $10, 128 Total $2,976,608 $2,399,37[ $13,040 ORRICK COMMONS RESIDENTIAL Proffer Amendment— Impact Statement—8/6/21 Background and Summary of Proposed Revisions On June 24, 2006, the Frederick County Board of Supervisors (the "BOS") approved Rezoning Application 04-06 for Orrick Commons (the "2006 Rezoning"). The Orrick Commons property is located in the NE quadrant of the intersection of Senseny Road and Greenwood Road and the 2006 Rezoning provided for 22.06 Acres of commercial and 33.61 acres of age-restricted residential. The residential portions of the project, identified by Frederick County as tax map parcel 55-A-201B (the "Property"), provides for the final connection of Farmington Boulevard between the existing Lynnehaven and Steeplechase Subdivisions. This proposed proffer amendment applies only to the 33.61 acre residential area of the project, as identified on the location map attached as Exhibit A, and proposes the following primary changes to the existing approval: A. Housing Types The 2006 Rezoning permits a mixture of single family (attached and detached) as well as multifamily housing types. The 2006 Rezoning does not limit the maximum number of dwelling units permitted on the Property, so the maximum permitted currently by the RP zoning district regulations would be 201 dwelling units. The proposed proffer amendment would limit the maximum number of residential units to 170. In addition, the proposed proffer amendment provides additional detail on housing types, limiting multi-family housing on the project to a maximum of 48 units. The proposed proffer amendment maintains the age-restricted requirement for all dwelling units. B. Project Layout The proposed proffer amendment includes a revised Generalized Development Plan (GDP) providing additional detail for the layout of the project. As shown on the GDP, the multi-family area of the project remains consistent with the 2006 Rezoning. Housing types for the perimeter of the site are now limited to single family detached dwellings, providing for a better transition with the existing, adjoining subdivisions. Age-restricted townhomes would then be located internal to the site. A proffered interparcel connection between the residential area and the adjoining commercial area is also maintained. A side-by-side comparison of the existing and proposed GDP is provided as Exhibit B. C. Community Park/Open Space Area As shown on the existing GDP for the 2006 Rezoning, the development planned previously included a 3.5 acre open space/community park area along the eastern limits of the site. This Location Map: Orrick Commons Residential Blinn U v ♦ �y�� 1 ��,p �`'► � � �f1 oda►� � ! �� `.•' `� ori� �'�� NEW��j� '� �� I�►� � : �►��0°neo a►fo��0 I� JIM go 1,� el�� I�rr . ►��o�o oat �� t i Its � � �I� ♦ : : Project . 1 ,rr� Site107 N Kent St Winchester,VA 22601 W+ 540-665-5614 S �►� 2 RIM WN Frederick County Information Technologies *S. GDP—Existing: 5xm SINGLE FAMILY /D :.. s.,,ao0 sP �� %gym ,"nr N* .. u m Cammere�el ,�pge R.cstrlateel ni o (TOTAL RESIDENTIAL 33-61 AGr08) A Piupn ee P'edaslnan- O 5'wue mall COMMERCIAL Iv. m-nlLd l�(V/) .�` •� (22,.06 Acres) Ca ea'ron MULTI-FAldI d / \\ ♦� r ROgD P,ppased PedealMn�Scycle Troll F - a" o GENERALDEVELOPMENT PLAN ORRICK COMMONS C ,. F1 �'A e o aim�., ¢Eo MEXRIck MU .vr.Gixu GDP—Proposed: a� 77 1 ° o Dave Holliday Coastructioa,Inc. am w—j bil E � Ely w� 105 wi=-.vkpIkmol 11=50.6e721m ess Si0W541a GcnnWized Development Plan "`'°"�"�L161YC°NS1Y1°`1°"'1N6' ` •' 0,rick C,,nmrms licsidcnaal Exhibit 8—Existing and Proposed GDP area included an existing, shallow farm pond. A wetland delineation of the site identified an existing ephemeral stream channel on the western portions of the Property. The proposed development plan, as shown on the proposed GDP, would locate a larger open space area on the western portions of the Property with the proposed proffer statement prohibiting disturbance of the stream channel. The proffer statement associated with the 2006 Rezoning provided the option, if agreed to by both Frederick County and the owner of the Property, for the open space/community park area to be dedicated to the County. With the project being age restricted, the current owner of the Property would not desire to dedicate land within the project to the County for a public park. Accordingly, that proffer has been removed. Age-appropriate recreation amenities would be provided within the project consistent with current Zoning Ordinance requirements. With the configuration provided by the proposed GDP, the new development plan utilizes land more efficiently, allowing for additional open space with protection of the existing ephemeral stream channel and, ultimately, less impervious area and its associated impacts to stormwater management. D. Multi-family Residential The area planned for multi-family residential units mirrors that from the 2006 Rezoning Application, with those units located as a transition between the commercial and single family areas. In 2006, the intended development plan included a single, large building for the multi- family units. The master development plan previously approved for the project provided for up to 87 multi-family units. The 2006 Rezoning included a building materials palette for multi-family units as well as elevations to depict additional requirements, such as"non-symmetrical massing". The 87-unit building planned for as part of the 2006 rezoning included an "L" shape to its layout, thus the proffer for"non-symmetrical massing". As the proposed development plan reduces the total number of age-restricted multi-family units to 48, the proposed proffer statement removes the elevation exhibits and proffered "non-symmetrical massing", but maintains the design materials palette for the units as well as other proffered requirements associated with the 2006 Rezoning, including the requirement for bays and columned porches. Adjoining Properties Adjoining properties include single family detached dwellings within the Steeplechase, Briarwood Estates, and Lynnhaven subdivisions as well as single family detached dwellings fronting Senseny Road and the Orrick Commons commercial development to the west. By locating family detached and open space areas along the common boundaries with the adjoining subdivisions, the project provides for a transition from the existing adjoining subdivisions. The age-restricted multifamily housing is located immediately adjoining the existing Orrick Commons commercial land bay serving as a transition from the commercial uses to the single family detached and attached product proposed within the Property. Impacts to Community facilities The proposed proffer amendment results in a net decrease of units from those permitted by the 2006 Rezoning, so impacts to community facilities associated with this application will be unaffected or less than those approved as part of the 2006 Rezoning. The existing monetary proffers for community facilities as well as transportation improvements remain unchanged from the 2006 Rezoning. A. Public Schools The application proposes no changes to the age restricted designation for all dwelling units within the project, resulting in no impacts to public school facilities. B. Trash Service The project will utilize private refuse collection services administered by the HOA, which will result in limited impacts to the Greenwood convenience center. C. Sewer and Water Facilities The project will serve to connect the existing water mains within the Steeplechase, Briarwood Estates, and Lynnhaven subdivisions. This will provide for additional loops/redundancy within the system. For 170 dwelling units, using an average of 200 gallons per day, the expected water and sewer demands for the subdivision are 34,000 gallons per day. Sewer will be provided by connection to the existing main within the Lynnhaven subdivision, immediately adjoining the project area, which will convey sewage flows to the Opequon Wastewater Reclamation Facility. D. Traffic The project provides for the construction of Farmington Boulevard, which will finalize the connection of this planned minor collector road from Channing Drive to Greenwood Road. In addition, the proffer statement includes a monetary contribution of$2,854.00 per dwelling unit for transportation improvements within the vicinity of the site. E. Emergency Services Emergency services for the site will be provided by Greenwood Fire and Rescue. The construction of Farmington Boulevard through the site will provide for additional connectivity for emergency response vehicles serving the area. F. Stormwater The site generally flows from West to East. Stormwater design for the site will fall under the latest regulations, providing for both quantity and quality controls. q c COUNTY of FREDERICK 0.w Department of Planning and Development 540/665-5651 Fax: 540/665-6395 June 15, 2021 Mr. Patrick Sowers Dave Holliday Construction Inc. 420 W. Jubal Early Drive, Suite 103 Winchester, Virginia 22601 RE: Proposed Rezoning for Orrick Commons Residential Property Identification Numbers (PIN): 55-A-2016 Dear Patrick, I have had the opportunity to review the draft rezoning application for Orrick Commons. This application seeks to rezone 33.61 acres from the RP (Residential Performance) District with proffers to the RP District with revised proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Senseny Eastern Frederick Urban Area Land Use Plan. The 2035 Comprehensive Plan and the Senseny Eastern Urban Area Land Use Plan provide guidance on the future development of the property. The Plan identifies this property with a residential land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. 2. Impact Statement. Provide an impact statement with this rezoning per §165-102.05. 3. Proffer 6.3. Proffer 6.3 should include the Property Identification Number for the referenced commercial property or refer to the proffer statement that applies to the referenced property. 4. Capital Impact Model. The proposed proffer statement shows the monetary proffers that were approved with the original rezoning. The rezoning does not account for the updated impacts shown in the Frederick County Capital Impact Model — please see the attached. Preliminary Rezoning Comments Orrick Commons Residential June 15, 2021 Page 2 5. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director-Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 6. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Parks and Recreation, Frederick County Fire Marshal, Frederick Water, Frederick County Transportation, and the County Attorney. 7. Fees. Based on the fees adopted by the Board of Supervisors, the rezoning fee for this application would be $13,361 based upon acreage of 33.61 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd CASH PROFFER ELIGIBLE SUMMARY PAGE •- -�•.�,^ Capital Impacts Model TischlerBise Frederick County, Virginia FISCAL I ECONOMIC I PLANNING General Service Area Drban 71 School or School Region Elementary Region Evendale Middle School Region admiral Byrd High School Millbrook Fire & Rescue Service Area I'oillwood SUMMARY OF PROJECT OUTPUT: • Test Project .� CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL RESIDENTIAL • rTOTALJ, Housing Units 170 - 170 Projected Population 284 - 284 Projected Students Elementary School Students 0 - 0 Middle School School Students 0 - 0 High School Students 0 - 0 Projected Total Students 0 - 0 Nonresidential Sq. Ft. - 0 0 Projected Jobs - 0 0 Frederick County Capital Impacts Model Developed by TischlerBise ©2019 Frederick County Capital Impacts Model Run on 3/23/2021 CASH PROFFER ELIGIBLE SUMMARY PAGE ,,r•-- ---�•..,` Capital Impacts Modal Ti'schler&se Frederick County, Viri;inia FISCAL I ECONOMIC: I PLANNING CASH PROFFER ELEGIBILE INFRASTRUCTURE CATEGORIES, RESIDENTIAL • • 170 $0 $0 • ' - - • 170 $52,362 $308 • 170 $302,320 $1,778 • 1701 $354,682 $2,086 • Housing Unit 170 $0 '>0 170 $302,320 $1,778 • - 170 $0 $0 Frederick County Capital Impacts Model Developed by TischlerBise © 2019 Frederick County Capital Impacts Model Run on 3/23/2021 PROJECT SUMMARY PAGE Capital Impacts Model Ti sch B i$e Frederick County,Virginia IiscAt I ECONOMIC I H Inuit I, SUMMARY OF PROJECT INPUTS Project Name Test Project Project Location Parameters General Service Area Urban School or School Region Elementary Region Evendale Middle School Region Admiral Byrd High School Millbrook Fire&Rescue Service Area Millwood Library Region Urban Park Region JUrban Numbdw �lling Units Single Family-Detached 0 Single Family-Attached 0 Multifamily 0 Age-Restricted Single Family 170 _Additional Housing Unit 0 TOTAL DWELLING UNITS 170 Amount of Nonresidential Square Footage(Gross) Retail 0 Office and Other Services 0 Industrial 0 Institutional 0 TOTAL NONRESIDENTIAL SQUARE FOOTAGE 0 Frederick County Capital Impacts Model Developed by TischlerSise®2019 Frederick County Capital Impacts Model Run on 3/23/2021 Orrick.xlsm Printed on 3/23/2021 Page 3 of 4 TischierBise FISCAL I ECONOMIC I PLANNING SUMMARY OF PROJECT OUTPUTS Project Name Test Project CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL RESIVENTI&"IVIP • , Housing Units 170 170 Projected Population 284 284 Projected Students Projected Elementary School Students 0.0 0.0 Projected Middle School School Students 0.0 0.0 Projected High School Students 0.0 0.0 Projected Total Students 0.0 0.0 Nonresidential Sq.Ft. 0 0 Projected Jobs 0 0 Totalfor the DevIelopment Proposal INFRASTRUCTURE CATEGORY RESIDENTIAL NONRESIDENTIAL TOTAL RESIDENTIAL NONRESIDENTIAL TOTAL * $0 $0 $0 $0 $0 $0 * $110,925 $0 $110,92.5 $52,362 $0 $52,362 * $25,730 $0 $25,730 $0 $0 $0 * $302,320 $0 $302,320 $302,320 $0 $302,320 * $7,985 $0 $7,985 $0 $0 $0 $39,679 $0 $39,679 $0 $0 $0 $86,438 $0 $86,438 $86,438 $0 $86,438 $23,096 $0 $23,096 $23,096 $0 $23,096 $27,797 $0 $27,797 $27,797 $0 $27,797 • • $623,970 $0 $623,970 $492,013 $0 $492,013 • •' $446,960 $0 $4_4_6,960 $354,682 $0 $354,682 " Cosh proffer categories limited to public safety facilities,school facilities,and parks&rec facilities FULL CAPITAL IMPACT Residential, Nonresidential, Residential, Nonresidential, Average Cost Per Unit per unit per 1,000 sq.ft. per unit per 1,000 sq.ft. $3,670 $0 $2,894 $0 Cash Proffer Categories $2,629 $0 $2,086 $0 Frederick County Capital Impacts Model Developed by Tischler6ise®2019 Frederick County Capital Impacts Model Hun on 312312021 Orrick.xlsm Printed on 3/23/2021 Page 4 of 4 4�G f COQ w COUNTY of FREDERICK Roderick B. Williams County Attorney 1738 540/722-8383 Fax 540/667-0370 E-mail: rwi11iaC co.frederick.va.us June 29, 2021 VIAE-MAIL—Patrick.R.Sowers�tr�_,mail.com—AND REGULAR MAIL Mr. Patrick Sowers Dave Holliday Construction, Inc. 420 West Jubal Early Drive, Suite 103 Winchester, Virginia 22601 Re: Rezoning Application—Orrick Commons, Parcel Number 55-A-201B (33.61± acres) (the "Property")—Proffer Statement dated May 5, 2021 Dear Patrick: You have submitted to Frederick County for review the proposed proffer statement(the "Proffer Statement") for the above-referenced proposed rezoning of the Property, in the Redbud Magisterial District, from the RP (Residential Performance) District, with proffers,to the RP (Residential Performance) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: 1. In the heading of the Proffer Statement, please delete the word "Proposed". In our experience, when that word is in the initial version,we find that it ends up remaining throughout the process and then causes confusion at the time of recording the Proffer Statement in the land records. 2. Also relative to the heading, because we record Proffer Statements in the land records, to comport with the standards for recorded documents, please change the name of the record owner and applicant to appear as bold, underlined, and capitalized. 3. Proffer Statement, Introduction, 2nd paragraph—In the reference to the GDP,please change the text to indicate that the GDP is attached to and incorporated as part of the Proffer Statement. 4. Proffer Statement, Section 3.2—Given the proposed inclusion of private streets in the development, it would appear appropriate to include maintenance of private streets among the indicated responsibilities of the HOA. 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowers June 29,2021 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Commission. SincerllN yours, Roderick B. Williams County Attorney cc: Candice E. Perkins, Department of Planning and Development(via e-mail) Rezoning Comments Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn: Director of Engineering Attn: Director of Engineering RECEIVED 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Suite 200 MAY 2 4 2021 (540) 665-5643 Winchester, Virginia Frederick County Public We�lcsfflspeetie Applicant: Please fill out the information as accurately as possible in order to assist the Department of 1 Public Works with their review. Attach a copy of.your application'form,_location map, proffer statement,impact analysis, and any other pertinent information. Applicants Name: Dave Holliday Construction, Inc. Telephone: 540-667-2120 Mailing Address: 420 W.Jubal Early Drive,Suite 103 and East of the terminus of Farmington Blvd in Steeplechase. Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Department of Public Works Comments: C� M�"i rt P-nl ey Shy'( y e-C-1' a&r_ Sy b Public Works Signature &Date: '-r L Notice to Dept. of Public Works -Please Return This Form to the Applicant 22 ma I Patrick Sowers <patrickrsowers@gmail.com> Orrick Commons Residential - VDOT Comments to Rezoning Rhonda Funkhouser<Rhonda.Funkhouser@vdot.virginia.gov> Tue, Jun 29, 2021 at 8:53 AM To: Patrick Sowers<patrickrsowers@gmail.com> Cc:jbishop@fcva.us, "Riggleman, Bradley" <bradley.riggleman@vdot.virginia.gov>, Lloyd Ingram <Iloyd.Ing ram@vdot.virgin!a.gov> DEPARTMENT OF TRANSPORTATION 14031 Old Valley Pike Edinburg,VA 22824 Mr.Sowers, A VDOT review has been conducted for the Orrick Commons Residential Rezoning dated May 24,2021. The documentation within the application to rezone this property appears to have little measurable impact on Route 656(Greenwood Road)and Route 1080 (Farmington Boulevard). These are the VDOT roadways which have been considered as access to the referenced property. VDOT is satisfied the transportation proffers offered in the Orrick Commons Residential Rezoning application dated May 24,2021 address transportation concerns associated with this request. If you have any questions or need further information, please do not hesitate to contact me. Regards, Lloyd Ingram Land Development Engineer VDOT Edinburg Residency Office I Land Use 14031 Old Valley Pike I Edinburg, VA 22824 Phone#540.534.3214 1 Fax#540.984.5607 Email: Lloyd.ingram@vdot.virginia.gov Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Department of Parks &Recreation Department of Parks &Recreation 107 North Kent Street County Administration Bldg., 2nd Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-5678 Winchester, Virginia Applicant: Please fill out the information as~accurately as possible in order to assist the Department of Par1 '& Rccreatlgn vi~lh "opy of,your appl><cat►on farm, loat�on map,,proffer i my"111"tam 4 Applicant's Name: Dave Holliday Construction,Inc. Telephone: 540-667-2120 Mailing Address: 420 W.Jubal Early Drive,Suite 103 Winchester,VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Department of Parks & Recreation Comments: Lk J JQ ('.>S Ue— L1U 4 k k AJV 1 IV � `fN�J '9) All (44N14i LA P-n Pks. &Rec. Signature&Date: Notice to Department of Park4 Recreation -Please Return This Form to the Applicant it 24 Gma I I Patrick Sowers <patrickrsowers@gmail.com> Orrick Commons Wayne Lee <Leew@fcpskl2.net> Tue, Jun 8, 2021 at 10:51 AM To: Patrick Sowers<patrickrsowers@gmail.com> Cc: David Sovine <Sovined @fcpskl 2.net>,Al Orndorff<orndorfa@fcpskl 2.net>, John Grubbs<Gru bbsj@fcpskl 2.net>, Calvin Davis<davisc@fcpskl2.net>, Tyler Klein <tklein@fcva.us> Patrick, Good morning. As Orrick Commons will be retaining its age restricted status, FCPS offers no comments. Thanks. Wayne Kenneth Wayne Lee, Jr., ALEP, LEED AP Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street Winchester, VA 22601 teew@fcpskl2.net (office) 540-662-3889 x88249 (cell) 540-333-2941 CONFIDENTIALITY NOTICE. This email message and any attachments are for the sole use of the intended recipient and may contain confidential or privileged information.Any unauthorized review, use, disclosure or distribution is prohibited and may be a violation of law. If you are not the intended recipient or a person responsible for delivering this message to an intended recipient,please contact the sender by reply email and destroy all copies of the original message.All communications may also be subject to Virginia's Freedom of Information Act ' RECEIVED 2 6 ..;21 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn:Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out.the:information as accurately aspossibte in order to assist the Frederick County. Fire Marshal with his review.. Attach a copy of your application form, location map, proffer statement,impact analysis,and any other pertinent information:. ;I Applicant's Name: Dave Holliday Construction,Inc. Telephone: 540-667-2120 Mailing Address: 420 W.Jubal Early Drive,Suite 103 Winchester,VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Fire Marshal's Comments: Fire Marshal's Signature&Date: low, s" 29, - �J Notice to Fire Marshal-Please Return This Form to the Applicant 23 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester,VA 22602 �l f, Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Business Name Orrick Commons Orrick Commons Senseny Rd/Greenwood Rd Winchester,Virginia 22602 Contractor: Printed Date: 05/28/2021 Dave Holliday Construction General Information Received Date: 05/25/2021 Occupancy Type: Review Begin Date: 05/28/2021 Property Use: Review End Date: 05/28/2021 Activity Number: 1051035 Hours: 1.0000 Review Cause: New Construction Activity Details Project Name Residential Subdivision Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 Rezoning Comments Frederick Water Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form,, location map, proffer statement, impact analysis, and any other petynent tlir�folrrtaat�€' Y Applicant's Name: Dave Holliday Construction, Inc. Telephone: 540-667-2120 Mailing Address: 420 W.Jubal Early Drive,Suite 103 Winchester,VA 22601 Location of property: Generally 1111E quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Frederick Water Comments: At/allf-6 P126Pem- `��z� A'I/?Y S;Zoz( . /Ja &^jj4.jC-WJ1r. Frederick Water Signature & Date: Z(oA0 2- Notice to Frederick Water-Please Return This Form to the Applicant 26 Rezoning Comments Frederick-Winchester Service Authority Mail to: Hand deliver to: Fred-Winc Service Authority Fred-Winc Service Authority Attn: Executive Director Attn: Executive Director P.O. Box 43 9 W. Piccadilly Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 rv,Applicant: Please„ryfill out the information as accurately as possible din order to assist the Fred-Winc service Authority witli thOr revrcw Attach a copy of your applIcatipn form, loeahon 1map, proffer Stdk�' �t� Applicants Name: Dave Holliday Construction, Inc. Telephone: 540-667-2120 Mailing Address: 420 W.Jubal Early Drive,Suite 103 Winchester,VA 22601 Location of property: Generally NE quadrant of Senseny Road and Greenwood Road, West of the terminus of Farmington Blvd in Lynnehaven subdivision and East of the terminus of Farmington Blvd in Steeplechase. Current zoning: RP Zoning requested: RP Acreage: 33.61 Fred-Winc Service Authority's Comments: SA tA , �ArA Fred-Winc Service Authority's Signature &Date: z x Notice to Fred-Winc Service Authority-Please Return Form to Applicant 34 j REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Dave Holliday Construction, Inc. Specific Contact Person if Other than Above: Patrick Sowers Address: 420 W. Jubal Early Drive, Suite 103, Winchester, VA 22601 Telephone: 540-336-3333 Email: Patrick.R.Sowers@gmail.com Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property,will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning,the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Orrick Commons Residential 5. Property Information: a. Property Identification Number(s): 55-A-201 B b. Total acreage of the parcel(s): 33.61 Acres c. Total acreage of parcel(s)to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: RP - 33.61 Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP - 33.61 Acres f. Magisterial District(s): Red Bud g. Location-the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): West of terminus of Farmington Blvd within Lynnhaven Subdvision and East of terminus of Farmington Blvd within Steeplechase Subdivision. h. Adjoining Properties: Parcel ID Number Use Zoning See attached. Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership,the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Dave Holliday Construction, Inc. David B. Holliday Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑✓ Location Map Q Plat Depicting Metes/Bounds of Proposed Zoning ❑✓ Impact Analysis Statement Z✓ Proffer Statement (if any) Er Agency Comments Fee 71 Copies of Deed(s)to Property(ies) ❑✓ Tax Payment Verification F Digital copies (pdfs) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I(we) authorize Frederick County officials to enter the property for site inspection purposes. I (we)understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I(we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date s z i r1fining on behalf of an entity,please state name of entity and your title: l Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity,please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Orrick Commons Residential-Adjoining Properties Tax Map Owner Address 55J-2-1-24 Amy Miller 124 Ardeyth Ln Winchester,VA 22602 55J-2-1-23 Alison Van Sickler 119 Ardeyth Ln Winchester,VA 22602 55J-2-1-22 Thomas Sosebee 117 Ardeyth Ln Heather Sosebee Winchester,VA 22602 55J-2-1-21 Richard Whaley 115 Ardeyth Ln Marinette Whaley Winchester,VA 22602 55J-2-1-20 Michael Huck 113 Ardeyth Ln Amy Huck Winchester,VA 22602 5J-2-1-19 Michael Kenyon 111 Ardeyth Ln Jennifer Kenyon Winchester,VA 22602 55J-2-1-18 Erlin Parades Izaguirre 109 Ardeyth Ln Winchester,VA 22602 55J-2-1-17 Johri Shelor 107 Ardeyth Ln Robyn Shelor Winchester,VA 22602 55J-2-1-16 Corey Hiett 105 Ardeyth Ln Britney Hiett Winchester,VA 22602 55J-2-1-15 Dena Marrale 103 Ardeyth Ln Winchester,VA 22602 55J-2-1-14 Dennis Sherrill 101 Ardeyth Ln Stephanie Sherrill Winchester, VA 22602 55J-2-1-13 Mark Claycomb 231 Farmington Blvd Emilyn Claycomb Winchester,VA 22602 55J-2-1-69A Steeplechase Homeowners P.O. Box 4364 Association, Inc. Winchester,VA 22604 55J-1-6-118 Chad Crosbie 210 Trefoil Ct Emily Crosbie Winchester,VA 22602 55J-1-6-119 Jimmi Escolero Obando 212 Trefoil Ct Winchester,VA 22602 55J-1-9-204A Briarwood Estates P.O. Box 2070 Homeowners Association Purcellville, VA 20134 55J-1-9-194 Darrin O'Donnell 120 Teaberry Dr Deborah O'Donnell Winchester,VA 22602 55J-1-9-195 Zachary Paine 122 Teaberry Dr Bonnie Paine Winchester,VA 22602 55J-1-9-196 Alberto Otoya 124 Teaberry Dr Winchester,VA 22602 55J-1-9-197 Stacy Spates 126 Teaberry Dr Adam Spates Winchester,VA 22602 55J-1-9-198 Mary Whitbeck 4504 Senseny Road Berryville,VA 22611 55J-1-9-199 Edward Hillyard, III 130 Teaberry Dr Jennifer Hillyard Winchester, VA 22602 55J-1-9-204 Bruce Hull 215 Ladyslipper Dr Alice Irvin Winchester,VA 22602 55K-12-2-25 Darlene Campbell 401 Farmington Blvd Winchester,VA 22602 55K-12-2-24 Gene Orr 400 Farmington Blvd Laurie Orr Winchester,VA 22602 55K-1-1-14 John Robben 118 Sesar Ct Dawn Robben Winchester,VA 22602 55K-1-1-13 Randall Golden 120 Sesar Ct Lisa Golden Winchester,VA 22602 55K-1-1-12 Jack Funkhouser,Jr 121 Sesar Ct Winchester,VA 22602 55K-1-1-24A Lynnehaven, LC 21 S Kent Street,Suite 1 Winchester,VA 22601 65-A-23 Leonel Majano-Torress 2105 Senseny Rd Ana Majano Winchester,VA 22602 65-A-22 George Damko 2097 Senseny Rd Winchester,VA 22602 657-21 Rocky Rhodes 2085 Senseny Rd Phylliss Rhodes Winchester,VA 22602 55-A-203 Charles Lloyd 2045 Senseny Rd Winchester,VA 22602 55-A-202 Charles Lloyd 2045 Senseny Rd Penny Lloyd Winchester,VA 22602 65A-1-8 Ronald Green 2037 Senseny Rd Winchester, VA 22602 65A-1-7 Henry Agragaard, III 2031 Senseny Rd Winchester,VA 22602 65A-1-6 Skp Baker 520 Burnt Factory Road Vickie Baker Stephenson,VA 22656 65A-1-5 Marshall Baldwin P.O. Box 101956 Arlington,VA 22210 65A-1-4 Bryan Goodwin 49 Benson Ct Bernice Marks Front Royal,VA 22630 65A-1-3 Genoa Kees 2009 Senseny Rd Winchester,VA 22602 65A-1-2 Scott Campbell 10500 Rockville Pike, Unit M10 Rockville, MD 20852 65A-1-1 Lousie Sinkoski 1997 Senseny Rd Winchester,VA 22602 55-A-201F Orrick Cemetary Company P.O. Box 637 c/o Curtis Slaughter Stephens City,VA 22655 55-A-201G jOrrick Cemetary Company P.O. Box 637 c/o Curtis Slaughter IStephens City,VA 22655 cam' 2000 .2060 THIS DEED, made this i qday of 2020,by and between Orrick N 6 Cemetery Company, Inc. a Virginia corporation, GRANTOR; and Dave Holliday Construction,Inc.,a Virginia corporation,GRANTEE; � a U c1 0 WITNESSETH: THAT, for and in consideration of the sum of TEN DOLLARS v ($10.00)and other good and valuable consideration,receipt of which is hereby acknowledged, QH the GRANTOR does hereby grant,bargain, sell and convey,in fee simple and with Special w o Warranty and English Covenants of Title,unto the GRANTEE,all that certain lot or parcel of o o z land together with the improvements thereon and all appurtenances thereunto belonging,more omo oo M particularly described as follows: y b All.that certain tractor parcel of land,-situate,lying,and being in Red Bud Magisterial .. a 0 0 0 „ � •�, a� District,Frederick County,Virginia containing 33.6096 acres,more or less,designated Pq as "Remainder' on that certain "Final Plat Lots 2 thru 8, Orrick Commons", dated ad p X ti m H March 26,2007,revised through May 29,2007,attached to.and recorded with the Deed c of Subdivision and Declaration of Easements dated May 12,2008,recorded May 22, ncog 10 r1i N 2008 in the Office of the Clerk of the Circuit Court of Frederick County,.Virginia as Instrument Number 080006286. • AND BEING a portion of the same property conveyed to the Grantor herein by Deed dated November 22, 1967 and recorded in Deed Book.337,Page 179,in the aforesaid Clerk's Office. This conveyance is made subject to covenants,conditions,restrictions,easements and rights of way of record. HRIFL Pry ATTORNEYS Cha,1.T°"nWV The GRANTOR covenants that said GRANTOR has the right to convey the aforesaid Mad�wv Wr4w5ter,VA Awn VA property; that the GRANTOR has done no act to encumber said property; and that the GRANTOR will execute such further assurances as may be requisite. 1. 7. cn WITNESS the following signature and seal: a Orr1c Cemetery Com any,Inc,a Virginia c Deborrah B.Walker,President STATE OF VIRGINIA CITY OF WINCHESTER I,the undersigned,a Notary Public in and for.tbe jurisdiction aforesaid,do certify that Deborrah B. Walker,'President of Orrick Cemetery Company, Inc, a Virginia corporation, whose name is signed to the foregoing document,acknowledged the same before me this day ofd 2020, Notary Public My Commission Expires:,�21 28' 1;20,2-1 Susan prances Wickham Registration* r r�'l/ / ,/ Commonwealth of Virginia Nota. Public aCommission No.7576443 OMy Comm ssion Expires 2128/20 Return to:' Briel PC Attorneys 440 W.Jubal Early Dr.,Suite 200 Winchester,VA 22601 WR20-02-1114 VIRGINIA:FREDERICK COUNTY.SCT. This instrument of writing was /produced to and on BRIEL PC,ATTORNEY$ --.q..q-Aoat) at !•• Ckw4sTowryWv and with certificate acknowledgement th reto annexed Male�t Wmctiester;VAA was admitted to record. Tax Imposed by Sec.58.1-802 of �(f,and 58.1-801 have been paid,if assessable. Clerk 2 Cr NViqp gC� t3i C till red e . �_ ,.. otmt. ?. .'t p°z, Pay/Lookup axes Payment Hoene Personal Property RiF,4 Estate Dog e a s Pail Parking Vld€"°ition Other P pv r Yd s Inquiry of Real Estate Map 55 A View DAVE HOLLIDAY Number: 201 E Map Name: CONSTRUCTION INC =PkCC01 1.se et° `ck t e �ue Dai ;ail m a i. A i r (Click B low� Me View Back of ViewBill Bill 8045496 ,RE20151 29457 1 6/5/2015 2015 REAL ESTATE $0.00 ( ViewBill i View Back of 8045496 IRE2015 29457 2 12/7/201512015 REAL ESTATE 3 $0.00 Bill I View Back of E ViewBillBill ;8045496 IRE2016 29107 116/6/2016 12016 REAL ESTATE $0.001 113 View Back of ViewBill Bill 8045496 IRE2016 29107 2 12/5/201612016 REAL ESTATE $0.00 3 3 View Back of ViewBill Bill 8045496 IRE2017 29346 1 6/5/2017 2017 REAL ESTATE $0.00 ViewBill View Back of 8045496 IRE2017 29346 2912/5/2017 2017 REAL ESTATE $0.00' Bill 9 I I 1 ViewBill View B ick of 8045496 RE2018 29361 116/5/2018 12018 REAL ESTATE $0.00 O Show Current Charges Due 0 Show All Charges Total Due $0.00 t�eturn to Search