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HomeMy WebLinkAbout03-04 Proffer StatementPDRes #05 -04 Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: AMENDMENT June 16, 2004 Recommended Approval July 14, 2004 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03 -04 OF RACEY TRACT APPROVED DENIED WHEREAS, Rezoning #03 of Racey Tract, submitted by Blue Springs View, L.L.C., to rezone. 105.65 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Interstate 81. approximately of a mile south of Fairfax Pike (Route 277), east of Town Run Lane (Route 1012), and to the south of Ridgefield Avenue (Route 1065) along Ewing Lane. This property is south of Ridgefield Subdivision, east of Stephens Ridge Subdivision, and west of Woodside Subdivision, in the Opequon Magisterial District, and is identified by Property Identification Number (PIN) 85 -A -140; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 16, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July.14, 2004; 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 105.65 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. Preliminary Matters REZONING REQUEST PROFFER Property Identification Number 85 -A -140 Opequon Magisterial District Monetary Contribution MEADOWS EDGE (RACEY TRACT) Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #oS -oy for the rezoning of 105.6 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia Law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. The undersigned, who is the applicant of the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 105.6 acres with access from Town Run (Rt. 1012) in the Opequon Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay Frederick County at the time each building permit is applied for the sum of $10,072.00 per lot. This monetary proffer provides for $7,571.00 for Frederick County Schools; $1,288.00 for Frederick County Parks and Recreation; $755.00 for Frederick County Fire and Rescue; $213.00 for Public Library; $42.00 for Sheriffs Office and $203.00 for Administration Building. General Development Plan Voluntarily proffered is the attached General Development Plan including the following improvements: 1. On the 105,6 acres to be rezoned RP no more than 228 single family dwelling units shall be constructed. These units will create a single family detached cluster development with a minimum of 8,000 s.f. lots. 2. Pursuant to an agreement with Stephens City, a public right of way will be dedicated through Parcel #85 -A -142 from the existing right of way of Town Run Lane (Rt. 1012) to the subject property's western boundary, generally as shown on the General Development Plan. The applicant will grade the full width of the right of way so as to accommodate an ultimate 4 -lane undivided collector road. The applicant will construct 2 travel lanes, which would be compatible to the ultimate 4 laning of the roadway, if the County and VDOT should choose to proceed with such construction. 3. At the request of Frederick County or VDOT and at no cost to them, the applicant or homeowners association shall dedicate area for an 80' right of way along the southern boundary of the subject site; alignment of said right of way shall be determined upon final engineering. The applicant or homeowners association shall provide for all necessary construction easements needed in association with such 80' right of way. Such R.O.W. will run from where the 80' R.O.W. outlined in proffer 2 intersects the subject property's western boundary completely through the RP zoned portion of the site. Such a request may be made at any time for a period of 99 years from the date of approval of the rezoning. In any event, neither the applicant, nor the HOA will be prohibited from granting reasonable ingress /egress easements to any properties located adjacent to the southern boundary. 4. The 26.5 acres outside of the UDA to remain zoned RA shall be available to the county for a period of 99 years from the date of approval of the rezoning. The county may use said area or any part there of for any use deemed necessary by the Frederick County Board of Supervisors. Upon request by the Board of Supervisors, the developer or the Homeowner's Association shall dedicate such land at no cost to Frederick County. In any event, neither the applicant, nor the HOA will be prohibited from granting reasonable ingress /egress easements to any properties located adjacent to the southern boundary. 5. No building permits will be issued for any residential units within the project until such time as the improvements shown on the Stickley Drive extension plans prepared by Gilbert W. Clifford Associates entitled "Stickley Dr. Extension," dated 4/5/02 and revised through 12/20/02, have been constructed and are open for traffic usage. 6. Prior to the issuance of any building permits for residential units within the project, the applicant will construct improvements to the Fairfax Pike /Stickley Drive intersection. These improvements will include a second thru travel lane on Fairfax Pike, in both the east and westbound directions, an exclusive right turn lane on eastbound Fairfax Pike, and an upgrading of northbound Stickley Drive to three lanes so as to accommodate an exclusive left turn lane, a shared left thru lane, and an exclusive right turn lane. If the County and VDOT project to install a traffic signal at the Fairfax Pike /Stickley Dr. intersection is done concurrent with or in anticipation of this proffer's improvements, this applicant will make a cash contribution of $200,000, required immediately after completion of the proffer improvements to Frederick County, and such monies are to be used by the County and VDOT for other road improvements to Fairfax Pike between 1 -81 and Double Church Rd. However, if the traffic signal has been installed in such a way as to require the applicant to modify the signal due to the applicant's improvements, the $200,000 cash contribution will be reduced by the applicants cost to so modify the traffic signal to meet the applicant's proffered improvements as stated above. If no signal has been installed at the Fairfax Pike /Stickley Drive intersection by the time the applicant starts these 2 improvements, the applicant will install the necessary signal but will not make any cash contribution. Either this installation or modification will occur prior to the first residential building permit being issued for the site. 7. Prior to the issuance of any building permits for residential units within the development, the applicant will re- stripe the westbound right turn lane on Fairfax Pike at the Town Run Lane intersection to a shared thru right lane, which will carry traffic through to the 1 -81 northbound on -ramp. 8. Prior to this applicant connecting to the existing interparcel roadways in the Woodside Estates subdivision, i.e. Branch Court and Driftwood Drive, the applicant will construct the following improvements to the Fairfax Pike /Double Church Road intersection. The applicant will construct a second eastbound thru travel lane on Fairfax Pike, an exclusive southbound left turn lane onto Double Church Road and re- stripe the northbound approach on Double Church Road to provide an exclusive left turn and a shared thru right turn lane. The applicant will modify the existing signals at this intersection to accommodate the lane improvements outlined above. 9. Prior to the applicant connecting to Branch Court and Driftwood Drive, the applicant will submit core samples, or other acceptable information of Branch Court, Trunk Drive, and Driftwood Drive, for the existing pavement of those roadways to VDOT. Included with that information will be an analysis of the existing pavement's capability to carry the anticipated traffic based on VDOT standards. If the analysis shows the pavement needs to be upgraded, the applicant will upgrade the pavement as directed by VDOT. 10. The applicant will use traffic calming measures at the connection points of Driftwood Drive and Branch Court, subject to VDOT approval. Subject to VDOT approval, the applicant will utilize a choker method recommended by the Institute of Transportation Engineers, which will narrow lane widths at these connection points to minimize vehicle speed. (See Figure 5) In addition, the applicant will place $40,000 in an escrow account for a period of three years. The escrow account will be established concurrent with the issuance of the 220` building permit or upon opening of the connection points, whichever comes first. If the County and VDOT should identify the need for additional traffic calming measures, they may request these funds for use in installing same. 11. Pursuant to the General Development Plan, a centrally located community pool and bathhouse will be provided on approximately 1.4 acres of the site. This facility will be constructed and available for use prior to the issuance of the 150 residential building permit in the project. The pool will be constructed at a minimum size of 3,500 s.f. On a one -time basis, approximately 6 months prior to the start of construction of the pool facility, membership to the facility will be offered to property owners in the adjoining Woodside Estates I, Woodside Estates II, and Ridgefield communities. Based on the number of additional memberships from the open membership period, the applicant will increase the size of the pool if such increase is warranted. 3 12. A tennis court and sports court will be located within the 1.4 acres associated with the community pool and bathhouse. These recreation areas will be constructed and available for use prior to the issuance of the 150'" residential building permit of the project. 13. A central green space will be preserved and will be shown on the General Development Plan. This green space will be at a minimum of 1.3 acres in size. A tree save area will also be provided in the northwestern portion of the Meadows Edge. This area is shown on the General Development Plan. The exact limits of this tree save area will be subject to minor adjustments based on final engineering. 14. Pursuant to the General Development Plan, an area 50 feet in width will be provided north of the town green area. This area will remain as open space and provide a pedestrian linkage to the town green and pool facilities for residents of Woodside Estates. 15. Open space will be provided along the existing communities of Woodside, Ridgefield and Stephens Ridge. This open space area will be a minimum of 40' in depth. This 40' open space area will be shown prominently on the General Development Plan. 16. No structures of any type, including but not limited to decks, additions, etc., shall be located within the 40 foot buffer area, tree save area or slopes of 15% or greater. 17. No lots nor structures shall be permitted within 200' of the southern boundary adjacent to the Agricultural District. 18. A landscape Buffer will be provided and shown on the General Development Plan within the southern green space parcel. The buffer will start approximately 400' East of the common boundary line with the FCSA parcel and continue in an easterly direction for a distance of 800' along the parcel's southern boundary, except where any driveway access must be maintained to the existing residences to the south. 19. A Homeowner's Association shall be formed; such association will specifically prohibit construction of any structures within any open space or buffer areas with the exception to the improvements of the pool and town green area. The Home Owners Association Documents shall further provide that all open space shall be kept free of litter and other foreign debris. They will stipulate that the HOA has responsibility for maintenance and upkeep of the pool facilities, the community green and all other common open spaces. 20. The applicant will provide and construct a five -foot sidewalk along the east side of the Town Run Lane ROW on the Stephens City property from the northern side of the collector road's intersection with the Town Run Lane to the property's northern boundary. This sidewalk is conditional based on the approval of the Town of Stephen City to provide an easement for such sidewalk. 4 21 The applicant shall construct a hard surface pedestrian /bicycle trail 10' in width from Rt. 1012 (Town Run Lane), to the proposed sidewalk located within the proposed development. This trail is conditional based on the approval of the Town of Stephens City to provide an easement for such trail. 22. A statement shall be added to the General Development Plan and covenants for all lots created by this project advising that agricultural uses exist to the South and East of the site, and wastewater treatment facilities exist or previously existed to the southwest of the site. 23. The applicant shall be issued building permits for no more than 75 single family units for each of the first two years and 78 single family units the third or any subsequent year following final subdivision approval for all or any portion of the project by the county, except that the applicant may carry over any unused portion of said units per year to subsequent years. 24. During construction the applicant will meet or exceed all requirements of the Virginia Erosion and Sediment Control Handbook and /or Frederick County requirements, whichever is more restrictive. Runoff from all disturbed areas will be channeled to onsite erosion and sediment control facilities. Such facilities will be inspected on a daily basis and shall be maintained in good working order until all disturbed areas draining to them have been fully stabilized. 25. The developed site will meet or exceed all requirements of the Virginia Stormwater Management Handbook and /or Frederick County requirements whichever is more restrictive, both in terms of stormwater quantity and quality. However, the applicant will not utilize any stormwater management facilities that include permanent pools of water, i.e. wet ponds. Where the subject site drains to existing developed areas, the applicant will channel all onsite runoff to onsite stormwater management facilities, which will then discharge into any existing offsite storm drainage systems at or below the design capacity of those systems. Where onsite stormwater management facilities discharge into natural channels or streams, the onsite facilities will control the discharge and release it at a rate that will not increase the existing flow of the natural receiving channel. 26. The applicant will provide for the closure of an abandoned sanitation lagoon located on the Town of Stephens City, Parcel 85 -A -142. This sanitation lagoon closure will be in strict conformance with the closure plan titled Wastewater Lagoon Closure Plan identified as Appendix "B" provided within this rezoning application, approved by The Virginia Department of Health dated September 9, 2002. Furthermore, the applicant proffers additional procedures beyond the approved closure plan. These additional procedures are identified as Appendix "B1" and provided within this rezoning application. 5 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: Executrix of the E ate of Charles l Racey Executrix of the Estate of Charts W. Racey Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 6 411 day of 200t by 3} e-/V m,Ltky e2 got, Dy Notary Public 40- /94 Date: 6 U My commission expires M 31 'MC hill 6 This ordinance shall be in effect on the date of adoption. Passed this 14i day of July, 2004 by the following recorded vote: Richard C. Shickle, Chairman Nay Barbara E. Van Osten Aye Gina A. Forrester Nay Gary Dove Aye W. Harrington Smith, Jr. Aye Bill M. Ewing Aye Lynda J. Tyler Aye PDRes. #05 -04 A COPY ATTEST John c7' iley. Jr. 1 Frederick County Administrator RECEIVED,F.RONI 4"k 'f 4ll n n a f i5C Qntt014 rnMCI tfneo'?d os 9 !a5 r O is j„ HOW PAID 'E.'la AMT. OF ACCOUNT AMT. PAID BALANCE DUE MONEY ORDER 1 September 12, 2007 County of Frederick Department of Planning and Development Eric Lawrence 107 North Kent Street Winchester, Virginia 22601 Re: Meadows Edge Proffer #7 Cash Contribution Payment Dear Eric, Pursuant to Proffer #7 of the approved Proffer Statement for the Meadows Edge (Racey Tract) subdivision dated June 30, 2004, the Proffer Interpretation letter dated June 7, 2007 and the Proffer Interpretation letter dated September 7, 2007, I am enclosing a check in the amount of 5162,375.00. This check satisfies the cash contribution and signal design/installation /modification language of Proffer #7. If you have any questions, please do not hesitate to call me. Sincerely, CENTEX- OMES SY LD 1 23.doc Attachment CENTEX HOMES Jeff Edelman Land Feasibility Manager cc: Mark Flynn, Centex Homes File 3684 Centerview Drive Suite 100 Chantilly, VA 20151 Phone: 703 -679 -1600 Fax: 703 -961 -7400 September 12, 2007 County of Frederick Department of Planning and Development Eric Lawrence 107 North Kent Street Winchester, Virginia 22601 Re: Meadows Edge Proffer #7 Cash Contribution Payment Dear Eric, Pursuant to Proffer #7 of the approved Proffer Statement for the Meadows Edge (Racey Tract) subdivision dated June 30, 2004, the Proffer Interpretation letter dated June 7, 2007 and the Proffer Interpretation letter dated September 7, 2007, I am enclosing a check in the amount of $162,375.00. This check satisfies the cash contribution and signal design/installation /modification language of Proffer #7. If you have any questions, please do not hesitate to call me. Sincerely, CENTE. OMES eff Edelman Land Feasibility Manager SY LD 1 23.doc Attachment cc: Mark Flynn, Centex Homes File 1 CENTEX HOMES 3684 Centerview Drive Suite 100 Chantilly, VA 20151 Phone: 703 -679 -1600 Fax: 703- 961 -7400 INVOICE NO NV�,,,, .efDATE ,Lop I DENTIFICATION .TOSS 1s.c96NT •M -1031 SY -91107 0 -1031 SY -91107 09/11/07 09/11/07 71521 SY LE 1 Invoice total Vendor payment 162,375.00 162,375.00 162,375.00 Total vendor payment 162,375.00 162,375.00 162,375.00 CHECK NO: 247158 PAYEE:Frederick County @SAFEGUARD.. CencxncrvcCIN LITHO USA VENDOR NO: 028760 DATE: 09/12/07 01/07 LO5SF006176M GENlTExtkii iES D METRO 3684 CENTERVIEW DRIVE'. SUITE .100 ma y` CHANTILLY; VA.'20.1 .q One Hundred.Sixty Two+Thousand ;Three FRund il rica Tt'� y •Bank of Amenca N A'7Atlanta Dekalb Cty k:..C4 w YtS.. A !i� redenck 07 Kent,Street V 1nchester;' VA`s'22601 7 15U 644278 6114 t qb, VEC 1A EATER TIN 7,55;000 00m yyMAY BEISIGNED :BY FACSIMILE 3 C' ATNIS.DOCUMENT INCLUDES AN ORIGINAL WATERMARK HOLD AT-AN 'ANGLE TONIEW as ,m =+}C*i. 11' 2471 5811' 1 :06LLL27aa1: 329997L5B211'` September 7, 2007 County of Frederick Department of Planning and Development Eric Lawrence 107 North Kent Street Winchester, Virginia 22601 Re: Meadows Edge Proffer #7 Cash Contribution Interpretation Request Dear Eric, I am requesting an interpretation of Proffer #7 Proffer #7 requires certain improvements to the intersection of Route 277 and Stickley Drive and either installation of a traffic signal Of not already built), modification of the signal (if already constructed) or contribution to Frederick County for the signal if already constructed and no modifications are necessary. Presently, the traffic signal has not been constructed nor designed. Pursuant to our discussions, Frederick County and Centex Homes agree that Centex will make the cash contribution to Frederick County in lieu of the signal design and installation. We have previously agreed (in a letter dated 6/7/07, attached) that a portion of the $200,000.00 payment can be offset by the value of certain additional improvements to Route 277. Attached you will find a copy of a letter from Perry Engineering Company, Inc. (Contractor) to Centex Homes stating the value of the additional widening ($37,625.00) has been paid in full. It is understood and agreed that sufficient payment has been made to the Contractor and that upon deposit of the check to Frederick County for the remaining amount ($162,375.00), the traffic signal and cash contribution portion of Proffer #7 is fully satisfied. Please sign the Seen and Agreed Block below indicating your acceptance of the above and confirming our compliance with the intent of the traffic signal and cash contribution language of Proffer #7 for Meadows Edge, and return one copy to me for my records. If you have any questions or would like to discuss this issue, ple se do not hesitate to call me. Sincerely, CENTEX HOMES Jeff Edelman Land Feasibility Manager SY LD 1 19.doc Attachment cc: Mark Flynn, Centex Homes File CENTEX HOMES SEEN A AGREED Eric f awrence Director, Dept. of Planning and Development County of Frederick, Virginia Date 36E4 Centerview Drive Suite 100 Cnantilly, VA 20151 Phone: 703 -679 -1600 Fax 703 -961 -7400 t en Jeff Edelman Centex Homes 3684 Centerview Drive Chantilly, VA 20151 RE: Rt. 277 Widening Meadows Edge Dear Jeff: September 4, 2007 Sincerely, /aft san L. Clem Project Manager If you need any additional information, feel free to call. PERRY ENGINEER CO., INC. WE ARE AN EQUAL OPPORTUNITY EMPLOYER 1945 MILLWOOD PIKE WINCHESTER, VIRGINIA 22602 540 667 -4310 FAX 540 722 -2505 www.perryeng.com Please accept this letter as confirmation of payments received to date on the Rt. 277 widening project as you requested. Perry Engineering has been paid in full for all items invoiced thru August 31, 2007 on Payment Application #8 which includes the cost of $37,625.00 for the 14' lane widening. Preliminary Matters REZONING REQUEST PROFFER Property Identification Number 85 -A -140 Opequon Magisterial District RACEY TRACT Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 105.6 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia Law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who is the applicant of the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 105.6 acres with access from Town Run (Rt. 1012) in the Opequon Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay Frederick County at the time a building permit is applied for the sum of $10,072.00 per lot. This monetary proffer provides for $7,571.00 for Frederick County Schools; $1,288.00 N for Frederick County Parks and Recreation; $755.00 for Frederick County Fire and Rescue; $213.00 for Public Library; $42.00 for Sheriff's Office and $203.00 for 1/Th Administration Building. General Development Plan Voluntarily proffered is the attached General Development Plan including the following improvements: 1. On the 105.6 acres to be rezoned RP no more than 228 single family dwelling units shall be constructed. These units shall consist of single family detached home lots. 2. A collector road will be constructed from Town Run Lane (Rt. 1012), through Parcel 85 -A -142 to the subject property, Parcel 85 -A -140. This collector road will be constructed within an 80' right -of -way. 3. No building permits will be issued for any residential units within the project until such time as the improvements of Town Run Lane into the proposed extension of Stickley Drive as shown on plans prepared by Gilbert W. Clifford Associates entitled "Stickley Dr. Extension," dated 4/5/02 and revised through 12/20/02, has been constructed and is open for traffic usage. 4. Prior to the issuance of any building permits for residential units within the development, the applicant will re- stripe the westbound right turn lane on Fairfax Pike at the Town Run Lane intersection to a shared thru right lane, which will carry traffic through to the 1 -81 northbound on -ramp. 5. Prior to the issuance of any building permits for residential units within the project, the applicant will construct improvements to the Fairfax Pike /Stickley Drive intersection. These improvements will include a second thru travel lane on Fairfax Pike, in both the east and westbound directions, an exclusive right turn lane on eastbound Fairfax Pike, and an upgrading of northbound Stickley Drive to three lanes so as to accommodate an exclusive left turn lane, a shared left thru lane, and an exclusive right turn lane. The applicant will construct a new traffic signal at this intersection based on the above outlined lane improvements. The applicant will make all necessary improvements to the Stickley Drive and Fairfax Pike signal; such improvement to meet all VDOT standards and regulations, beyond the existing $100,000 for the signal proffered by the Southern Hills rezoning. (See Figure 4 in the application package). 6. Prior to this applicant connecting to the existing interparcel roadways in the Woodside Estates subdivision, i.e. Branch Court and Driftwood Drive, the applicant will construct the following improvements to the Fairfax Pike /Double Church Road intersection. The applicant will construct a second eastbound thru travel lane on Fairfax Pike, an exclusive southbound left turn lane onto Double Church Road and re- stripe the northbound approach on Double Church Road to provide an exclusive left turn and a shared thru right turn lane. The applicant will modify the existing signals at this intersection to accommodate the lane improvements outlined above. 7. Prior to the applicant connecting to Branch Court and Driftwood Drive, the applicant will submit core samples, or other acceptable information of Branch Court, Trunk Drive, and Driftwood Drive, for the existing pavement of those roadways to VDOT. Included with that information will be an analysis of the existing pavement to carry the anticipated traffic based on VDOT standards. If the analysis shows the pavement needs to be upgraded, the applicant will upgrade the pavement as directed by VDOT. 8. A centrally located community pool and bathhouse will be provided on approximately 1.4 acres of the site. This facility will be constructed and available for use prior to the issuance of the 150` residential building permit with the project. On a one time basis, prior to construction, membership to the facility will be offered to property owners in the adjoining Woodside Estates and Ridgefield. 2 9. Open space will be provided along the existing communities of Woodside, Ridgefield and Stephens Ridge. This open space area will be a minimum of 40' in depth and will be shown prominently on the General Development Plan. 10. An open space parcel shall be established along the Southern property boundary. This parcel will have a minimum depth of 200' from the parcel's southern boundary to the lot lines of any proposed residential lots. 11. A landscape Buffer will be provided and shown on the General Development Plan within the southern green space parcel. The buffer will start approximately 400' East of the common boundary line with the FCSA parcel arid continue in an easterly direction for a distance of 800' along the parcel's southern boundary. 12. Within the open space parcel an 80' wide right -of -way reservation will be shown on the General Development Plan. The General Development Plan will note this reservation as approximate and subject to revisions based on final engineering. The General Development Plan will further note that this right of way will be dedicated to the Frederick County Board of Supervisors or VDOT upon their request for same and at no cost to them. Cost of the dedication of this 80' right -of -way will be the responsibility of the Developer or Homeowners Association, depending upon ownership of said open space. 13. A statement shall be added to the General Development Plan and covenants for all lots created by this project advising that agricultural uses exist to the South and East of the site, and wastewater treatment facilities exist or previously existed to the southwest of the site. 14. A central green space will be preserved and will be shown on the General Development Plan. This green space will be at a minimum of 1.3 acres in size. A tree save area will also be provided in the northwestern portion of the Racey Tract. This area is shown on the General Development Plan and is approximate until Final Engineering is complete. 15. The applicant will provide and construct a five -foot sidewalk extending from the proposed collector road providing the entrance to the Racey Tract north along the Town of Stephen City's property. This sidewalk is conditional based on the approval of the Town of Stephen City to provide an easement for such sidewalk. 3 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: My commi ion expi Notary Public l Date: Date: 17' STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: p L (atty. The foregoing instrument was acknowledged before me this day of I-r- �M.Ca' 2001 by Al c P` n 11\ �J. 'l N2 cm n) f s he✓ M 31 ?oo`) 4 f Lars PROFFER STATEMENT Preliminary Matters REZONING REQUEST PROFFER Property Identification Number 85 -A -140 Opequon Magisterial District RACEY TRACT Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 03 for the rezoning of 105.6 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia Law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who is the applicant of the above described property, hereby voluntarily proffers that if the Board of Supervisors for the CountyofFrederick, Virginia approves the rezoning for the 105.6 acres with access from /Old /Town Run (Rt. 1012) in the Opequon Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay Frederick County at the time a building permit is applied for the sum of $10,072.00 per lot. This monetary proffer provides for $7,571.00 for Frederick County Schools; $1,288.00 for Frederick County Parks and Recreation; $755.00 for Frederick County Fire and Rescue; $213.00 for Public Library; $42.00 for Sheriff's Office and $203.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Rezoning Plan Set including the following improvements: 1. On the 105.6 acres to be rezoned RP no more than 228 single family dwelling units shall be constructed. These units shall consist of single family detached home lots. 2. A connector road will be constructed from Rt. 1012 (Town Run Lane) Parcel to the site, Parcel #85 A 142. This connector road will be constructed within an 80' right -of -way. 3. No occupancy permits will be issued for any residential units within the project until such time as the realignment of Town Run Lane into the to proposed extension of Stickley Drive as shown on plans prepared by Gilbert W. Clifford Associates entitled "Stickley Dr. Extension," dated 4/5/02 and revised through 12/20/02, has been constructed and is open for traffic usage. 4. Prior to the issuance of any occupancy permits for residential units within the development, the applicant will re- stripe the westbound right turn lane on Fairfax Pike at the Town Run Lane intersection to a shared thru right lane, which will carry traffic through to the 1 -81 northbound on -ramp. 5. Prior to the issuance of any occupancy permits for residential units within the project, the applicant will construct improvements to the Fairfax Pike /Stickley Drive intersection. These improvements will include a second thru travel lane on Fairfax Drive, in both the east and westbound directions, an exclusive right turn lane on eastbound Fairfax Pike, and an upgrading of northbound Stickley Drive to three lanes so as to accommodate an exclusive left turn lane, a shared left thru lane, and an exclusive right turn lane. The applicant will construct a new traffic signal at this intersection based on the above outlined lanage improvements. The applicant will make all necessary improvements to the Stickley Drive and Fairfax Pike signal; such improvement to meet all VDOT standards and regulations, beyond the existing $100,000 for the signal proffered by the Southern Hills rezoning. (See Figure 4 in the application package). 6. Prior to this applicant connecting to the existing interparcel roadways in the Woodside Estates subdivision, i.e. Trunk Drive and Driftwood Drive, the applicant will construct the following improvements to the Fairfax Pike /Double Church Road intersection. The applicant will construct a second eastbound thru travel lane on Fairfax Pike, an exclusive southbound left turn lane onto Double Church Road and re- stripe the northbound approach on Double Church Road to provide an exclusive left turn and a shared thru right turn lane. The applicant will modify the existing signals at this intersection to accommodate the laneage improvements outlined above. 7. Prior to the applicant connecting to Trunk Drive and Driftwood Drive, the applicant will submit core samples, or other acceptable information, for the existing pavement of those roadways to VDOT. Included with that information will be an analysis of the existing pavement to carry the anticipated traffic based on VDOT standards. If the analysis shows the pavement needs to be upgraded, the applicant will upgrade the pavement as directed by VDOT. 8. A centrally located community pool and bathhouse will be provided on approximately 1.4 acres of the site. This facility will be constructed and available for use prior to the issuance of the 150` residential building permit with the project. On a one time basis, prior to construction, membership to the facility will be offered to property owners in the adjoining Woodside Estates and Ridgefield. 2 Th 9. Open space will be provided along the existing communities of Woodside, Ridgefield and Stephens Ridge. This open space area will be a minimum of 40' in depth and will be shown prominently on the General Development Plan. 10. An open space parcel shall be established along the Southern property boundary. This parcel will have a minimum depth of 200' from the parcel's southern boundary to the lot lines of any proposed residential lots. 11. A landscape Buffer will be provided and shown on the General Development Plan within the southern green space parcel. The buffer will start approximately 400' East of the common boundary line with the FCSA parcel and continue in an easterly direction for a distance of 800' along the parcel's southern boundary. 12. Within the open space parcel an 80' wide right -of -way reservation will be shown on the General Development Plan. The General Development Plan will note this reservation as approximate and subject to revisions based on final engineering. The General Development Plan will further note that this right of way will be dedicated to the Frederick County Board of Supervisors or VDOT upon their request for same and at no cost to them. 13. A statement shall be added to the General Development Plan and covenants for all lots created by this project advising that agricultural uses exist to the South and East of the site, and wastewater treatment facilities exist or previously existed to the southwest of the site. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER BY ee�L/4' 41l 4-2-4:-/ 1 BY: s -extt'u -ke Lc.r,t. —Cp ec:JC( ('h,; l(5 'bU 1:c.ce.k c3 c-l\r L \nor \cs 'J- 4 h Date: -)`l y- A1c!:, }n R- P E‘34(14{... Date: l `l c t-1 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoingystrjment ti eve{. 2003, by My co Notary Public day of wle ed before-me this ission expire 3k) 'D� au u. 4 1 Preliminary Matters Monetary Contribution REZONING REQUEST PROFFER Property Identification Number 85 -A -140 Opequon MagisterialDistrict MEADOWS EDGE (RACEY TRACT) Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 105.6 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia Law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. The undersigned, who is the applicant of the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 105.6 acres with access from Town Run (Rt. 1012) in the Opequon Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay Frederick County at the time each building permit is applied for the sum of $10,072.00 per lot. This monetary proffer provides for $7,571.00 for Frederick County Schools; $1,288.00 for Frederick County Parks and Recreation; $755.00 for Frederick County Fire and Rescue; $213.00 for Public Library; $42.00 for Sheriffs Office and $203.00 for Administration Building. General Development Plan Voluntarily proffered is the attached General Development Plan including the following improvements: 1. On the 105.6 acres to be rezoned RP no more than 228 single family dwelling units shall be constructed. These units will create a single family detached duster development with a minimum of 8,000 s.f. lots. 2. Pursuant to an agreement with Stephens City, a public right of way will be dedicated through Parcel #85 -A -142 from the existing right of way of Town Run Lane (Rt. 1012) to the subject property's western boundary, generally as shown on the General Development Plan. The applicant will grade the full width of the right of way so as to accommodate an ultimate 4 -lane undivided collector road. The applicant will construct 2 travel lanes, which would be compatible to the ultimate 4 laning of the roadway, if the County and VDOT should choose to proceed with a future 4 -lane collector road. The construction of these two travel lanes shall be constructed prior to any connection being- made -to Driftwood Dr..and Branch Cour frorn,the.r Meadows Edge development. 3. At the request of Frederick County or VDOT and at no cost to them, the applicant or homeowners association shall dedicate area for an 80' right of way along the southern boundary of the subject site; alignment of said right of way shall be determined upon final engineering. The applicant or homeowners association shall provide for all necessary construction easements needed in association with such 80' right of way. Such R.O.W. will run from where the 80' R.O.W. outlined in proffer 2 intersects the subject property's western boundary completely through the RP zoned portion of the site. Such a request may be made at any time for a period of 99 years from the date of approval of the rezoning. In any event, neither the applicant, nor the HOA will be prohibited from granting reasonable ingress /egress easements to any properties located adjacent to the southern boundary. 4. The 26.5 acres outside of the UDA to remain zoned RA shall be available to the county for a period of 99 years from the date of approval of the rezoning. The county may use said area or any part there of for any use deemed necessary by the Frederick County Board of Supervisors. Upon request by the Board of Supervisors, the developer or the Homeowner's Association shall dedicate such and at no cost to Frederick County. In any event, neither the applicant, nor the HOA will be prohibited from granting reasonable ingress /egress easements to any properties located adjacent to the southern boundary. 5. No building permits will be issued for any residential units within the project until such time as the improvements shown on the Stickley Drive extension plans prepared by Gilbert W. Clifford Associates entitled "Stickley Dr. Extension," dated 4/2/02 and revised through 12/20/02, have been constructed and are open for traffic usage. 6. In addition to the improvements associated to Town Run Lane (SR 1012) shown on the Stickley Drive Extension plans prepared by Gilbert W. Clifford Associates entitled "Stickley Dr. Extension," dated 4/2/02 and revised through 12/20/02, the applicant will also provide improvements to Town Run Lane along the frontage of the Town of Stephens City property, parcel #85 -A -142 by overlaying said road with a bituminous concrete surface. Guard rails shall be installed on both sides of Town Run Lane in those areas where VDOT standards require guardrails and subject to VDOT approval. These improvements shall be bonded and complete prior to the issuance of the 1st building permit. 7. Prior to the issuance of any building permits for residential units within the project, the applicant will construct improvements to the Fairfax Pike /Stickley Drive intersection. These improvements will include a second thru travel lane on Fairfax Pike, in both the east and westbound directions, an exclusive right turn lane on eastbound Fairfax Pike, and an upgrading of northbound Stickley Drive to three lanes so as to accommodate an exclusive left turn lane, a shared left thru. lane, and an exclusive right turn lane. If the County and VDOT project to install a traffic signal at the Fairfax Pike /Stickley Dr. intersection is done concurrent with or in anticipation of this proffer's improvements, this applicant will make a cash contribution of $200,000, required-immediately after completion :of the :proffer improvements rove -;q Frederick County, and such monies are to be used by the County and VDOT for other road improvements to Fairfax Pike between 1 -81 and Double Church Rd. However, if the traffic signal has been installed in such a way as to require the applicant to modify the signal due to the applicant's improvements, the $200,000 cash contribution will be reduced by the applicants cost to so modify the traffic signal to meet the applicant's proffered improvements as stated above. If no signal has been installed at the Fairfax Pike /Stickley Drive intersection by the time the applicant starts these improvements. the applicant will install the necessary signal but will not make any cash contribution. Either this installation or modification will occur prior to the first residential building permit being issued for the site. 8. Prior to the issuance of any building permits for residential units within the development, the applicant will re- stripe the westbound right turn lane on Fairfax Pike at the Town Run Lane intersection to a shared thru right lane, which will carry traffic through to the 1 -81 northbound on -ramp. 9. Prior to this applicant connecting to the existing interparcel roadways in the Woodside Estates subdivision, i.e. Branch Court and Driftwood Drive, the applicant will construct the following improvements to the Fairfax Pike /Double Church Road intersection. The applicant will construct a second eastbound thru travel lane on Fairfax Pike, an exclusive southbound left turn lane onto Double Church Road and re- stripe the northbound approach on Double Church Road to provide an exclusive left turn and a shared thru right turn lane. The applicant will modify the existing signals at this intersection to accommodate the lane improvements outlined above. 10. All construction traffic will be required to enter the site through the Town of Stephens City property, parcel 85 -A -42. At no time, shall any construction vehicles or materials gain access to the site from Driftwood Drive or Branch Court. The applicant will post and enforce this exclusion of construction vehicle access throughout the construction process 11. Prior to the applicant connecting to Branch Court and Driftwood Drive, the applicant will submit core samples, or other acceptable information of Branch Court, Trunk Drive, and Driftwood Drive, for the existing pavement of those roadways to VDOT. Included with that information will be an analysis of the existing pavement's capability to carry the anticipated traffic based on VDOT standards. If the analysis shows the pavement needs to be upgraded, the applicant will upgrade the pavement as directed by VDOT. 3 12. The applicant will use traffic calming measures at the connection points of Driftwood Drive and Branch Court, subject to-VDOT approvah.•Subject4o- VDOT approval, the applicant will utilize a choker method recommended by the Institute of Transportation Engineers, which will narrow lane widths at these connection points to minimize vehicle speed. (See Figure 5) In addition, the applicant will place $40,000 in an escrow account for a period of three years. The escrow account will be established concurrent with the issuance of the 220 building permit or upon opening of the connection points, whichever comes first. If the County and VDOT should identify the need for additional traffic calming measures, they may request these funds for use in installing same. 13. Pursuant to the General Development Plan, a centrally located community pool and bathhouse will be provided on approximately 1.4 acres of the site. This facility will be constructed and available for use prior to the issuance of the 150 residential building permit in the project. The pool will be constructed at a minimum size of 3,500 s.f. On a one -time basis, approximately 6 months prior to the start of construction of the pool facility, membership to the facility will be offered to property owners in the adjoining Woodside Estates I, Woodside Estates II, and Ridgefield communities. Based on the number of additional memberships from the open membership period, the applicant will increase the size of the pool if such increase is warranted. The applicant will provide a .bond in an amount adequate to construct both the swimming pool and bathhouse to provide assurance that if the project does not exceed the 149 building permit, the funds to construct these two facilities will be available. 14. A tennis court and sports court will be located within the 1.4 acres associated with the community pool and bathhouse. These recreation areas will be constructed and available for use prior to the issuance of the 150 residential building permit of the project. The applicant will provide a bond in an amount adequate to construct both the tennis court and sports court to provide assurance that if the project does not exceed the 149 building permit, the funds to construct these two sports courts will be available. 15. A central green space will be preserved and will be shown on the General Development Plan. This green space will be at a minimum of 1.3 acres in size. A tree save area will also be provided in the northwestern portion of the Meadows Edge. This area is shown on the General Development Plan. The exact limits of this tree save area will be subject to minor adjustments based on final engineering. 16. Pursuant to the General Development Plan, an area 50 feet in width will be provided north of the town green area. This area will remain as open space and provide a pedestrian linkage to the town green and pool facilities for residents of Woodside Estates. 17. Open space will be provided along the existing communities of Woodside, Ridgefield and Stephens Ridge. This open space area will be a minimum of 40' in depth. This 40' open space area will be shown prominently on the General Development Plan. 18. No structures of any type, including but not limited to decks, additions, etc., shall be located within the 40 foot buffer area, tree save area or slopes of -15% or:greater: 19. No lots nor structures shall be permitted within 200' of the southern boundary adjacent to the Agricultural District while such area is under the control of the Homeowner's Association. 20. A landscape Buffer will be provided and shown on the General Development Plan within the southern green space parcel. The buffer will start approximately 400' East of the common boundary line with the FCSA parcel and continue in an easterly direction for a distance of 800' along the parcel's southern boundary, except where any driveway access must be maintained to the existing residences to the south. 21. A Homeowner's Association shall be formed; such association will specifically prohibit construction of any structures within any open space or buffer areas with the exception to the improvements of the pool and town green area. The Home Owners Association Documents shall further provide that all open space shall be kept free of litter and other foreign debris. They will stipulate that the HOA has responsibility for maintenance and upkeep of the pool facilities, the community green and all other common open spaces. 22. The applicant will provide and construct a five -foot sidewalk along the east side of the Town Run Lane ROW on the Stephens City property from the northern side of the collector road's intersection with the Town Run Lane to the property's northern boundary. This sidewalk is conditional based on the approval of the Town of Stephen City to provide an easement for such sidewalk. The: applicant shall be responsible for all costs of providing such easement. 23. The applicant shall construct a hard surface pedestrian /bicycle trail 10' in width from Rt. 1012 (Town Run Lane), to the proposed sidewalk located within the proposed development. This trail is shown as Exhibit A -1 which is approved by the Town of Stephens City pursuant to Appendix "B" within this application. 24. A statement shall be added to the General Development Plan and covenants for all lots created by this project advising that agricultural uses exist to the South and East of the site, and wastewater treatment facilities exist or previously existed to the southwest of the site. 25. The applicant shall be issued building permits for no more than 75 single family units for each of the first two years and 78 single family units the third or any subsequent year following final subdivision approval for all or any portion of the project by the county, except that the applicant may carry over any unused portion of said units per year to subsequent years. 5 26. During construction the applicant will meet or exceed all requirements of the Virginia-Erosion and Sediment Control Handbook and /or;Frederick.County requirements, whichever is more restrictive. Runoff from all disturbed areas will be channeled to onsite erosion and sediment control facilities. Such facilities will be inspected on a daily basis and shall be maintained in good working order until all disturbed areas draining to them have been fully stabilized. 27. The developed site will meet or exceed all requirements of the Virginia Stormwater Management Handbook and /or Frederick County requirements whichever is more restrictive, both in terms of stormwater quantity and quality. However, the applicant will not utilize any stormwater management facilities that include permanent pools of water, i.e. wet ponds. Where the subject site drains to existing developed areas, the applicant will channel all onsite runoff to onsite stormwater management facilities, which will then discharge into any existing offsite storm drainage systems at or below the design capacity of those systems. Where onsite stormwater management facilities discharge into natural channels or streams, the onsite facilities will control the discharge and release it at a rate that will not increase the existing flow of the natural receiving channel. 28. The applicant will provide for the closure of an abandoned sanitation lagoon located on the Town of Stephens City, Parcel 85 -A -142. This sanitation lagoon closure will be in strict conformance with the closure plan titled Wastewater Lagoon Closure Plan identified as Appendix "8" provided within this rezoning applidation,.approved by The Virginia Department of Health dated September 9,:2002.. Furthermore, the applicant proffers additional procedures beyond the approved closure plan. These additional procedures are identified as Appendix "B1" and provided within this rezoning application. 6 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors interest of the Applicant and Owner. In the event the Frederick County •Board of Supervisors grant said:rezoning accepts these. conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By By Executrix of the Estate of Charles W. Racey Executrix of the Estate of Charles W. Racey Date: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2004. by My commission expires Notary Public Comments: 1) Proffer 2: "Pursuant to an agreement with Stephens City, a public right of way will be dedicated through Parcel #85 -A -142 from the existing right of way of Town Run Lane (Rt. 1012) to the subject property's western boundary, generally as shown on the General Development Plan. The applicant will construct 2 travel lanes, which would be compatible to the ultimate 4 laning of the roadway, if the County and VDOT should choose to proceed with such construction Concern A: There does not appear to be a guarantee that the proposed access road, from Town Run Lane to the western boundary of the Racey Tract, will be constructed prior to the road connections with the adjoining subdivisions. It may be appropriate to construct the proposed access road prior to the issuance of any building permits. Concern addressed in Proffer #2 Concern B: the phrase if the County and VDOT should choose to proceed with such construction" adds some confusion to the intent of the sentence, which appears to be to construct two lanes but grade for 4 lanes. It may be appropriate to provide a more explicit statement. Comment addressed in Proffer 42 Concern C: The proffer statement does not state the width of the proffered public right of -way through the Town of Stephen's City It may be appropriate to provide -at least 80' of right of way. The current right -of -way agreement with the Town of Stephens City provides for 70' of right -of -way. which is adequate for the proffered 4 -lane road design: Additional right- of -wav for the trail is currently under negotiations with the Town of Stephens City pursuant to the attached letter from Mike Kehoe, Town Administrator. but cannot be proffered at this time per Scott Plein and Eric Lawrence conversations. 2) Proffer 5: No building permits will be issued for any residential units within the project until such time as the improvements shown on the Stickley Drive extension plans prepared by Gilbert W. Clifford Associates entitled "Stickley Drive Extension dated 4/5/02 and revised through 12/20/02, have been constructed and are open for traffic usage." Concern A: The referenced plan appears to have an original preparation date of 4/2/02. Concern addressed in Proffer 45 Concern B: This proffer does not guarantee any improvements to Town Run Lane from where the Stickley Drive Extension ends to where the proposed access road through the Stephens City Parcel begins. It may be appropriate to guarantee improvements to Town Run Lane. Concern addressed in Proffer 46 3) Proffer 11: "Pursuant to the General Development Plan, a centrally located community pool and bathhouse will be provided on approximately 1.4 acres of the site. This facility will be constructed and available for use prior to the issuance of the 150th residential building permit in the project. The pool will be constructed at a minimum size of 3,500 square feet. On a one -time basis, approximately 6 months prior to the start of the construction of the pool facility, membership to the facility will be offered to property owners in the adjoining Woodside Estates 1, Woodside Estates II, and Ridgefield communities. Based on the number of additional memberships from the open membership period, the applicant will increase the size of the pool if such increase is warranted." Concern A: If the development stops at 149 residential permits there does not appear to be a guarantee in the proffer that a pool will be constructed. It may be appropriate to provide such a guarantee for this facility. Concern addressed in Proffer 1113 4) Proffer 12: "A tennis court and sports court will be located within the 1.4 acres associated with the community pool and bathhouse. These recreational areas will be constructed and available for use prior to the issuance of the 150th residential building permit of the project." Concern A: As with the proffered pool and bathhouse, it may be appropriate to provide a guarantee that these facilities will be built if development stops at the 149th building permit. Concern addressed in Proffer 1114 5) Proffer 17: "No lots nor structures shall be permitted within 200' of the southern boundary adjacent to the Agricultural District." Concern A: The proffer leaves it open to interpretation if the 200' no build area is solely on the southern boundary of the portion of the parcel being rezoned or along the entire southern boundary of the parcel, including the 26.5 areas proposed to remain RA (Rural Areas) District. It may be appropriate to clarify this. It may also be appropriate that this no build area not apply to the 26.5 acres proposed to remain RA District, if transferred to Frederick County in the future. Concern addressed in Proffer #19 6) Proffer 20: "The applicant will provide and construct a five -foot sidewalk along the east side of the Town Run Lane ROW on the Stephens City property from the northern side of the collector road's intersection with the Town Run Lane to the property's northern boundary. This sidewalk is conditional based on the approval of the Town of Stephens City to provide an easement for such sidewalk" Concern A: It may be appropriate to clarify that the cost for providing the easement for the sidewalk shall be paved for entirely by the developer Concern addressed in Proffer #22 7) Proffer 21: "The applicant shall construct a hard surface pedestrian /bicycle trail 10' in width from Rt. 1012 (Town Run Lane), to the proposed sidewalk located within the proposed development. This trail is conditional based on the approval of the Town of Stephens City to provide an easement for such trail." Concern A: I f the Town of Stephens City does not provide an easement for such trail then Mere does not appear to 'be a guarantee that the trail will constructed. It may be appropriate that if the Town of Stephens City does not grant an easement for the trail then the trail will be designed to VDOT specifications and approval and constructed within the VDOT right -of -way. Proffer 423 has been amended as Proffer #22. Pursuant to the aforementioned Proffer #2, concern "C" the applicant is working in good faith with the Town of Stephens City to get additional right-of-way and provide for the most beneficial trail design. 8) Construction Traffic. Concern A: There is no proffer which would restrict construction vehicles from accessing the property through the adjoining subdivisions. It may be appropriate for construction vehicles to only access the property via the access road from Town Run Lane through the Town of Stephens City property. Concern addressed in Proffer #10 Preliminary Matters REZONING REQUEST PROFFER Property Identification Number 85 -A -140 Opequon Magisterial District MEADOWS EDGE (RACEY TRACT) Pursuant to Section 15.2 -2296 et. Seq. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 105.6 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia Law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who is the applicant of the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 105.6 acres with access from Town Run (Rt. 1012) in the Opequon Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay Frederick County at the time each building permit is applied for the sum of $10,072.00 per lot. This monetary proffer provides for $7,571.00 for Frederick County Schools; $1,288.00 for Frederick County Parks and Recreation; $755.00 for Frederick County Fire and Rescue; $213.00 for Public Library; $42.00 for Sheriffs Office and $203.00 for Administration Building. General Development Plan Voluntarily proffered is the attached General Development Plan including the following improvements: 1. On the 105.6 acres to be rezoned RP no more than 228 single family dwelling units shall be constructed. These units will create a single family detached cluster development with a minimum of 8,000 s.f. lots. 2. Pursuant to an agreement with Stephens City, a public right of way will be dedicated through Parcel #85 -A -142 from the existing right of way of Town Run Lane (Rt. 1012) to the subject property's westem boundary, generally as shown on the General Development Plan. The applicant will grade the full width of the right of way so as to accommodate an ultimate 4 -lane undivided collector road. The applicant will construct 2 travel lanes, which would be compatible to the ultimate 4 laning of the roadway, if the County and VDOT should choose to proceed witltia future 4 -lane collector road. The construction of these two travel lanes shall be constructed prior to any connection being made to Driftwood Dr. and Branch Court, from the Meadows Edge development. 3. At the request of Frederick County or VDOT and at no cost to them, the applicant or homeowners association shall dedicate area for an 80' right of way along the southern boundary of the subject site; alignment of said right of way shall be determined upon final engineering. The applicant or homeowners association shall provide for all necessary construction easements needed in association with such 80' right of way. Such R.O.W. will run from where the 80' R.O.W. outlined in proffer 2 intersects the subject property's western boundary completely through the RP zoned portion of the site. Such a request may be made at any time for a period of 99 years from the date of approval of the rezoning. In any event, neither the applicant, nor the HOA will be prohibited from granting reasonable ingress /egress easements to any properties located adjacent to the southern boundary. 4. The 26.5 acres outside of the UDA to remain zoned RA shall be available to the county for a period of 99 years from the date of approval of the rezoning. The county may use said area or any part there of for any use deemed necessary by the Frederick County Board of Supervisors. Upon request by the Board of Supervisors, the developer or the Homeowner's Association shall dedicate such land at no cost to Frederick County. In any event, neither the applicant, nor the HOA will be prohibited from granting reasonable ingress /egress easements to any properties located adjacent to the southern boundary. 5. No building permits will be issued for any residential units within the project until such time as the improvements shown on the Stickley Drive extension plans prepared by Gilbert W. Clifford Associates entitled "Stickley Dr. Extension," dated 4002 and revised through 12/20/02, have been constructed and are opervfor traffic usage. 6. In addition to the improvements associated to Town Run Lane (SR 1012) shown on the Stickley Drive Extension plans prepared by Gilbert W. Clifford Associates entitled "Stickley Dr. Extension," dated 4/2/02 and revised through 12/20/02. the applicant will also provide improvements to Town Run Lane alone the frontage of the Town of Stephens City property parcel #85 -A -142 by overlaying said road with a bituminous concrete surface. Guardrails shall be installed on both sides of Town Run Lane in those areas where VDOT standards require guardrails and subject to VDOT approval. These improvements shall be bonded and complete prior to the issuance of the 1 building permit. 7. Prior to the issuance of any building permits for residential units within the project, the applicant will construct improvements to the Fairfax Pike /Stickley Drive intersection. These improvements will include a second thru travel lane on Fairfax Pike, in both the east and westbound directions, an exclusive right turn lane on eastbound Fairfax Pike, and an upgrading of northbound Stickley Drive to three lanes so as to accommodate an exclusive left turn lane, a shared left thru lane, and an exclusive right turn lane. If the County and VDOT project to install a traffic signal at the Fairfax Pike /Stickley Dr. 'I Deleted: such construction -I Deleted: 5 Formatted: Bullets and Numbering I Formatted intersection is done concurrent with or in anticipation of this proffer's improvements, this applicant will make a cash contribution of $200,000, required immediately after completion of the proffer improvements to Frederick County, and such monies are to he used by the County and VDOT for other road improvements to Fairfax Pike between 1 -81 and Double Church Rd. However, if the traffic signal has been installed in such a way as to require the applicant to modify the signal due to the applicant's improvements, the $200,000 cash contribution will be reduced by the applicants cost to so modify the traffic signal to meet the applicant's proffered improvements as stated above. If no signal has been installed at the Fairfax Pike /Stickley Drive intersection by the time the applicant starts these improvements, the applicant will install the necessary signal but will not make any cash contribution. Either this installation or modification will occur prior to the first residential building permit being issued for the site. 8. Prior to the issuance of any building permits for residential units within the development, the applicant will re- stripe the westbound right turn lane on Fairfax Pike at the Town Run Lane intersection to a shared thru right lane, which will carry traffic through to the 1 -81 northbound on -ramp. 9_ Prior to this applicant connecting to the existing interparcel roadways in the Formatted: Bullets and Numbering Woodside Estates subdivision, i.e. Branch Court and Driftwood Drive, the applicant will construct the following improvements to the Fairfax Pike /Double Church Road intersection. The applicant will construct a second eastbound thru travel lane on Fairfax Pike, an exclusive southbound left turn lane onto Double Church Road and re- stripe the northbound approach on Double Church Road to provide an exclusive left turn and a shared thru right turn lane. The applicant will modify the existing signals at this intersection to accommodate the lane improvements outlined above. 10. All construction traffic will be required to enter the site through the Town of Stephens City property, parcel 85 -A -42. At no time, shall any construction vehicles or materials gain access to the site from Driftwood Drive or Branch Court. The applicant will post and enforce this exclusion of construction vehicle access throughout the construction process 11. Prior to the applicant connecting to Branch Court and Driftwood Drive, the applicant will submit core samples, or other acceptable information of Branch Court, Trunk Drive, and Driftwood Drive, for the existing pavement of those roadways to VDOT. Included with that information will be an analysis of the existing pavement's capability to carry the anticipated traffic based on VDOT standards. If the analysis shows the pavement needs to be upgraded, the applicant will upgrade the pavement as directed by VDOT. Formatted: Bullets and Numbering 1 Formatted: Bullets and Numbering Bullets and Numbering 12. The applicant will use traffic calming measures at the connection points of Driftwood Drive and Branch Court, subject to VDOT approval. Subject to VDOT approval, the applicant wiltutilize a. choker method recommendedby the Institute of Transportation Engineers, which will narrow lane widths at these connection points to minimize vehicle speed. (See Figure 5) In addition, the applicant will place $40,000 in an escrow account for a period of three years. The escrow account will be established concurrent with the issuance of the 220 building permit or upon opening of the connection points, whichever comes first. If the County and VDOT should identify the need for additional traffic calming measures, they may request these funds for use in installing same. 13. Pursuant to the General Development Plan, a centrally located community pool and bathhouse will be provided on approximately 1.4 acres of the site. This facility will be constructed and available for use prior to the issuance of the 150'" residential building permit in the project. The pool will be constructed at a minimum size of 3,500 s.f. On a one -time basis, approximately 6 months prior to the start of construction of the pool facility, membership to the facility will be offered to property owners in the adjoining Woodside Estates I, Woodside Estates II, and Ridgefield communities. Based on the number of additional memberships from the open membership period, the applicant will increase the size of the pool if such increase is warranted. The applicant will provide a bond in an amount adequate to construct both the swimming pool and bathhouse to provide assurance that if the project does not exceed the 149' building permit the funds to construct these two facilities will be available. 14. A tennis court and sports court will be located within the 1.4 acres associated with the community pool and bathhouse. These recreation areas will be constructed and available for use prior to the issuance of the 150 residential building permit of the project. The applicant will provide a bond in an amount adequate to construct both the tennis court and sports court to provide assurance that if the project does not exceed the 149"' building permit. the funds to construct these two sports courts will be available. 15. A central green space will be preserved and will be shown on the General Development Plan. This green space will be at a minimum of 1.3 acres in size. A tree save area will also be provided in the northwestern portion of the Meadows Edge. This area is shown on the General Development Plan. The exact limits of this tree save area will be subject to minor adjustments based on final engineering. 16. Pursuant to the General Development Plan, an area 50 feet in width will be provided north of the town green area. This area will remain as open space and provide a pedestrian linkage to the town green and pool facilities for residents of Woodside Estates. 17. Open space will be provided along the existing communities of Woodside, Formatted: Bullets and Numbering 1 Ridgefield and Stephens Ridge. This open space area will be a minimum of 40' in depth. This 40' open space area will be shown prominently on the General Development Plan. Formatted: Bullets and Numbering 1j Formatted: Bullets and Numbering Formatted Formatted: Bullets and Numbering Formatted: Bullets and Numbering j 18. No structures of any type, including but not limited to decks, additions, etc., shall be located within the 40 foot buffer area, tree save area or slopes of 15% or greater. 19. No lots nor structures shall be permitted within 200' of the southern boundary adjacent to the Agricultural District while such area is under the control of the Homeowner's Association 20. A landscape Buffer will be provided and shown on the General Development [Formatted: Bullets and Numbering Plan within the southern green space parcel. The buffer will start approximately 400' East of the common boundary line with the FCSA parcel and continue in an easterly direction for a distance of 800' along the parcel's southern boundary, except where any driveway access must be maintained to the existing residences to the south. 21. A Homeowner's Association shall be formed; such association will specifically- Formatted: Bullets and Numbering prohibit construction of any structures within any open space or buffer areas with the exception to the improvements of the pool and town green area. The Horne Owners Association Documents shall further provide that all open space shall be kept free of litter and other foreign debris. They will stipulate that the HOA has responsibility for maintenance and upkeep of the pool facilities, the community green and all other common open spaces. 22. The applicant will provide and construct a five -foot sidewalk along the east `Formatted: Bullets and Numbering side of the Town Run Lane ROW on the Stephens City property from the northern side of the collector road's intersection with the Town Run Lane to the property's northern boundary. This sidewalk is conditional based on the approval of the Town of Stephen City to provide an easement for such sidewalk. The applicant shall be responsible for all costs of providing such easement. 23. The applicant shall construct a hard surface pedestrian /bicycle trail 10' in width from Rt. 1012 (Town Run Lane), to the proposed sidewalk located within the proposed development. This trail is conditional based on the approval of the Town of Stephens City to provide an easement for such trail. The applicant shall be responsible for all costs of providing such easement. 24. A statement shall be added to the General Development Plan and covenants for all lots created by this project advising that agricultural uses exist to the South and East of the site, and wastewater treatment facilities exist or previously existed to the southwest of the site. 25. The applicant shall be issued building permits for no more than 75 single family units for each of the first two years and 78 single family units the third or any subsequent year following final subdivision approval for all or any portion of the project by the county, except that the applicant may carry over any unused portion of said units per year to subsequent years. i Formatted: Bullets and Numbering [Deleted: Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering 26. During construction the applicant will meet or exceed all requirements of the Virginia Erosion and Sediment Control Handbook and /or Frederick County requirements, whichever is more restrictive. Runoff from all disturbed areas will be channeled to onsite erosion and sediment control facilities. Such facilities will be inspected on a daily basis and shall be maintained in good working order until all disturbed areas draining to them have been fully stabilized. 27. The developed site will meet or exceed all requirements of the Virginia Stormwater Management Handbook and /or Frederick County requirements whichever is more restrictive, both in terms of stormwater quantity and quality. However, the applicant will not utilize any stormwater management facilities that include permanent pools of water, i.e. wet ponds. Where the subject site drains to existing developed areas, the applicant will channel all onsite runoff to onsite stormwater management facilities, which will then discharge into any existing offsite storm drainage systems at or below the design capacity of those systems. Where onsite stormwater management facilities discharge into natural channels or streams, the onsite facilities will control the discharge and release it at a rate that will not increase the existing flow of the natural receiving channel. 28. The applicant will provide for the closure of an abandoned sanitation lagoon located on the Town of Stephens City, Parcel 85 -A -142. This sanitation lagoon closure will be in strict conformance with the closure plan titled Wastewater Lagoon Closure Plan identified as Appendix "B" provided within this rezoning application, approved by The Virginia Department of Health dated September 9, 2002. Furthermore, the applicant proffers additional procedures beyond the approved closure plan. These additional procedures are identified as Appendix "B1" and provided within this rezoning application. I Formatted: Bullets and Numbering 1 l Formatted: Bullets and Numbering The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezonedin addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By By Executrix of the Estate of Charles W. Racey Executrix of the Estate of Charles W. Racey Date: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2004, by My commission expires Notary Public 7 Meadows Edge Revised Proffers #$o +0$(1$23.$ +(45,66$5. 7 1 Thu, 24 Jun 2004 11:49:17 -0400 9 Jn "Bryan Condie" <bryancondie @ecl- eng.com> b9Jn <jcamprrco.frederick.va.us> ccJn "Scott Plein" <splein a equinoainvestmentslle.com> "County of Frederick" <elawrene @co.frederick.va.us> Jeremy, I have attached the following for your review. m A 0 1. Concerns addressed letter I took your concerns and red -lined them as to where we addressed each issue. ro 2. Red -lined version of our proffer statement showing the changes made that addresses your concerns m 3. Clean proffer statement CPO PrI a As you are aware, we are on a tight time frame to have the Rezoning packages resubmitted by June 30th and maintain our schedule for the July 14th Board of Supervisors. I hope we can have your response to these new proffers today, so we can immediately submit them to the County Attorney. In order to meet the submission deadline with signed proffers and complete packages we feel that we will need the County Attorney's a o A 0 S 3 w a fD e Meadows Edge Itevised Proffers -a ('nnrernc aridres erl doe 2004- 06 -23- PROFFER STATEMENT- red- lined.doc 2004- 06 -23- PROFFER STATEMENT.doc @1 <Jn 51g in ".29:a. Bin Concerns addres WINWORD Fili base64 ed.doc (application /msword) @I< blg .In ".29:a.B.In ".29:a.BJn 3 0 ro 2004-06t3 WIT Wtr a bas&s6t a a c o c e9 a o o' u' a 6, V: tie V1 T 2004 STAT WINV (appli base6z OFFER S S,le (applica C 7