HomeMy WebLinkAbout12-04 Proffer StatementAction:
AMENDMENT
PLANNING COMMISSION: October 6, 2004 Recommended Approval
BOARD OF SUPERVISORS: October 27, 2004 APPROVED DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #12 -04 OF THE BUTCHER PROPERTY (BRIARWOOD LC)
WHEREAS, Rezoning #12 -04 of the Butcher Property (Briarwood LC), submitted by Gilbert W.
Clifford Associates, Inc., to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential
Performance) District. This property is located east of Greenwood Road (Route 656), south and adjacent to
the Briarwood Subdivision, in the Red Bud Magisterial District, and is identified by Property Identification
Number (PIN) 55 -A -200; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 6, 20041 and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 27, 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 29.9891 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 wriing by the applicant and the property owner.
PDRes #22 -04
This ordinance shall be in effect on the date of adoption.
Passed this 27" day of October, 2004 by the following recorded vote:
Richard C. Shickle, Chairman
Gina A. Forrester
Gene E. Fisher
Lynda J. Tyler
PDRes #22 -04
Aye
Nay
Aye
Nay
Barbara E. Van Osten
Gary Dove
Bill M. Ewing
A COPY ATTEST
4 s i
John R. Riles, Jr.
Frederick County Administrator
Aye
Aye
Aye
1. LAND USE:
PROPOSED PROFFER STATEMENT
REZONING: RZ. 12 04: RA (Rural Areas) to RP (Residential Performance)
PROPERTY: 29.99 Acres
Tax Map Parcel 55 -A -200 (the "Property
RECORD OWNER Briarwood LC
APPLICANT: Briarwood LC
PROJECT NAME Butcher Property
ORIGINAL DAI
OF PROFFERS: September 7, 2004
RE VISION DATE (S): October 7, 2004; October 18, 2004
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, Butcher Property" dated July 1, 2004 [revised October 6, 2004]
(the "GDP and shall include the following.
1.1 Areas of residential development on the Property shall be developed in
confon ahce 'with the regulations of the Residential Performance "RP
zoning district; as set forth in the Frederick County Code. All residential
I development on the Property shall comply with the aforesaid regulations, or as
i j i may r be approved by Frederick County.
Page 1 of 6
3. FIRE 8t RESCUE:
4. SCHOOLS:
Butcher Proffer Statement
1.2 Residential development on the Property shall not exceed a maximum of 69
single family detached dwelling units.
1.3 The project shall be comprised solely of single family, detached urban housing
(minimum 12,000 square foot lots).
1.4 The project shall be developed pursuant to an annualized phasing plan.
Certificates of occupancy for no more than 36 dwelling units shall be issued
within any twelve (12) month period, beginning from the date of rezoning
approval.
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, and design standards, and
this Butcher Proffer Statement as approved by the Board.
3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit
for fire and rescue purposes, payable upon the issuance of a building permit for
each single family detached unit.
4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling
unit for school purposes, payable upon the issuance of a building permit for each
single family detached unit except those that may be designated as "age
restricted
5. PARKS OPEN SPACE:
4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling
unit for recreational purposes, payable upon the issuance of a building permit for
each single family detached unit.
6. LIBRARIES:
6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit
for library purposes, payable upon the issuance of a building permit for each
such single family detached unit.
7. SHERIFF'S OFFICE
rj) l
f U
7.1, shall.'
contribute The Applicant shall cont to the Board the sum of $42.00 per dwelling unit
forcthe Sheriffs Off issuance of building permit for each such unit.
YT 1 r i- •8313R3
iV3' l3 .1;
Page 2 of 6
Butcher P %(Jer Statement
8. ADMINISTRATION BUILDING
8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit
for construction of a general governmental administration building upon
issuance of building permit for each such unit.
9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
9.1 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.
9.2 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 not
otherwise dedicated to public use, (ii) common buffer areas located outside of
residential lots; (iii) common solid waste disposal programs, if they decide to use
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.
10. WATER SEWER
10.1 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.
11. ENVIRONMENT:
11.1 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 which results in
the highest order of stormwater control in existing Virginia law at the time of
construction of`anysuch facility.
7 11 c �,l �.1 1 i
12. TRANSPORTATION: SL 1
1 `2. 1 T r an s p orttati on n i m p r ovements shall be designed and constructed consistent with
the study entitled "1/4. Traffic Impact Analysis of the Butcher Property," prepared
•byP Rust Associated, dated September 8, 2004 (the "TIA The
rna.• 3a ,a 0.,eWra9
Page 3 of 6
Butcher Proffer Statement
13. ESCALATOR CLAUSE:
1 W.1 =31 3 is
1
Applicant shall privately fund all transportation improvements required of this
project.
12.2 The Applicant shall enter into a signalization agreement with the Virginia
Department of Transportation (VDOT) for a pro -rata share of the cost of
installation of a traffic signal at the intersection of Farmington Boulevard and
Greenwood Road. (See 1 on GDP)
12.3 The extension of Farmington Boulevard through the project shall be designed
and constructed to include traffic calming measures acceptable to VDOT. (See 2
on GDP)
13.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Frederick County Board County Supervisors ("Board") within 30
months of the approval of this rezoning, as applied for by the Applicant, said
contributions shall be in the amounts as stated herein. Any monetary
contributions set forth in the Proffer Statement which are paid to the Board after
30 months following the approval of this rezoning shall be adjusted in
accordance with the Urban Consumer Price Index "CPI -U") published by the
United States Department of Labor, such that at the time contributions are paid,
they shall be adjusted by the percentage change in the CPI -U from that date 24
months after the approval of this rezoning to the most recently available CPI -U
to the date the contributions are paid, subject to a cap of 6% per year, non
compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Ism r S TDO
Page 4of6
Butcher Proffer Statement
Respectfully submitted,
By:
BRIARWOOD LC
Title: V Aer
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
I The foregoing instrument was acknowledgec beforgg me this I� day
of Q=tcme 2004, by 1) i e R II i clay
My commission e xpires 10'31.05
NotaryPublic ('M
,.1 Airs (S 171
Page 5 of 6
ON r:
RESIOEN
1 -1 -10
m
59 -1 -I -8
J.-?-
55J -1 -1 -7
GIAS
bSJ -1 -2
55J-1-2-3
eeUR
ASOt
KIIJ6
55J -1 -2
55J -1 -5 -115
5J -I -6 -1
BETTIE`g1NSLOIN
55 —A- 184
ONED RP
USE: ,ES/ -N TIAL
RICK C
55
ZONED:
USE: CEME
ETERY CO, INC.
A 01
A
RY
ORRICK CEMETERY CO, INC.
55 —A -201
ZONED: RA
USE: CEMEIERY
t -5-
1 -6-11
(,r& IT7iil
L
{i{t l BUTCHER PROPER 1
I.M Jil1(1e r TI(1 ��I
Q
GENERAL /ZED DEVELOPMENT PLAN
FREDERICK)CDUN IA
Y41yn17uO rv:u cneni1}1J1
REV 10/6/04
gilbert w. clifford associates
0 d of
Patton, Harris, Rust Associates, pc
117 E. Picodilly 5t. Winchester, Virginia 22601
VOICE (540) 667 -2139 FAX (540) 655 -0493
Page 6 of 6
REZONING: RZ. RA to RP
PROPERTY: 29.99 Acres
Tax Map Parcel 55 -A -200 (the "Property
RODS t 932
RECORD OWNER Bnarwood LC,
APPLICANT: David B: Holliday
PROJECT NAME: Butcher Property
ORIGINAL DA'I'S
OF PROFFERS: September 7, 2004
REVISION DATA: N/A
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 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. If
this application is denied by the Board, but in the event that an appeal is for any reason
thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then
these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or
any portion hereof in a writing specifically for that purpose.
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, Butcher Property" dated July 1, 2004 (the "GDP and shall
include the following:
1. LAND USE:
PROPOSED PROFFER STATEMENT
1.1 Areas of residential development on the Property shall be developed in
conformance with the regulations of the Residential Performance "RP zoning
district, as set forth in the Frederick County Code. All residential development
on the Property shall comply with the aforesaid regulations, or as may be
approved by Frederick County.
!'age I of 6
Butcher
Proffer Statemen
1.2 Residential development on the Property shall not exceed a maximum of 69
singly family detached dwelling units.
1.3 The project shall be comprised solely of single family, detached housing types.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMI1S AND PLAN
APPROVALS:
2.1 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, and design standards, and
this Butcher Proffer Statement as approved by the Board.
3. FIRE &RESCUE:
3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit
for fire and rescue purposes, payable upon the issuance of a building permit for
each single family detached unit.
4. SCHOOLS:
4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling
unit for school purposes, payable upon the issuance of a building permit for each
single family detached unit except those that may be designated as "age
restricted
5. PARKS OPEN SPACE:
5.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling
unit for recreational purposes, payable upon the issuance of a building permit for
each single family detached unit.
6. LIBRARIES:
6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit
for library purposes, payable upon the issuance of a building permit for each
such single family detached unit.
7. SHERIFF'S OFFICE
7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit
for the Sheriff's Office upon issuance of building permit for each such unit.
8. ADMINISTRATION BUILDING
8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit
for construction of a general governmental administration building upon
issuance of building permit for each such unit.
Page 2 of 6
Butcher
Proffer Statement
9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
9.1 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.
9.2 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 not
otherwise dedicated to public use, (ii) common buffer areas located outside of
residential lots; (iii) common solid waste disposal programs, if they decide to use
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.
10. WA1ER &SEWER:
10.1 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.
11. ENVIRONMENT:
11.1 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 which results in
the highest order of stormwater control in existing Virginia law at the time of
construction of any such facility.
12. TRANSPORTATION:
12.1 Transportation improvements shall be designed and constructed consistent with
the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared
by Patton Harris Rust Associated, dated September 8, 2004 (the "TIA The
Applicant shall privately fund all transportation improvements required of this
project.
12.2 The Applicant shall enter into a signalization agreement with the Virginia
Department of Transportation (VDOT) for a pro -rata share of the cost of
installation of a traffic signal at the intersection of Farmington Boulevard and
Greenwood Road.
Page 3 of 6
Butcher Proffer Stateme
12.3 The extension of Farmington Boulevard through the project shall be designed
and constructed to include traffic calming measures acceptable to VDOT.
13. ESCALATOR CLAUSE:
13.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Frederick County Board County Supervisors (`Board within 30
months of the approval of this rezoning, as applied for by the Applicant, said
contributions shall be in the amounts as stated herein. Any monetary
contributions set forth in the Proffer Statement which are paid to the Board after
30 months following the approval of this rezoning shall be adjusted in
accordance with the Urban Consumer Price Index "CPI -LJ") published by the
United States Department of Labor, such that at the time contributions are paid,
they shall be adjusted by the percentage change in the CPI -U from that date 24
months after the approval of this rezoning to the most recently available CPI -U
to the date the contributions are paid, subject to a cap of 6% per year, non
compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 4 of 6
Butcher Proffer Statement
Respectfully submitted,
Title:
DAVID B. HOLLIDAY
STA I E OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
My commission expires
Notary Public frz i
The foregoing instrume t was acknowle ged before me this
of 1P[) fl bat-, 2004, by
4001
Page 5 of 6
1C■
ONL
FESIDEWL L
27 015
5 5J-
SLEY
dJ- 1 -1 -10
rsw
55J I -I W5J -I -1J'
55J- I`I8 T'•M.. a5J 11" APVFf fittf
ASpf
OL ICI.
fi 55- -T-
551 -1 -2
SA VILLE
555 -I -6 -115
S5J -1 -6 -1
BETTIE NSLOM
55 —A- 1
ONED: RP
USE ,EST NT/AL
9RRICK 21 EE Y CO, INC.
55 —A- 201
ZONED: 'A
USE CEME
ORRICK CENETERY CO, INC,
55 —A -201
ZONED: RA
USE: CEMETERY
AM1IAIONI
5J -1_6-
BUTCHER PROPERTY
GENERAL /ZED DEVELOPMENT PLAN
FREDERICK COUNTY, VIRGINIA
gilbert w. clifford associates
a division of
Patton, Harris, Rust Associates, pc
117 E. Picadilly SL Winchester, Virginia 22601
VOICE: (540) 667 -2139 FAX: (540) 665 -0493
Page 6 of 6
1. LAND USE:
PROPOSED PROFFER STATEMENT
REZONING: RZ. RA to RP
PROPERTY: 29.99 Acres
Tax Map Parcel 55 (the "Property")
RECORD OWNER Briarwood LC
APPLICANT: David B. Holliday
PROJE C I NAME: Butcher Property
ORIGINAL DAI
OF PROFFERS: September 7, 2004
REVISION DATA: N/A
approved by Frederick County.
PLANNING &lO EVELOPMENT
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 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. If
this application is denied by the Board, but in the event that an appeal is for any reason
thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then
these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or
any portion hereof in a writing specifically for that purpose.
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, Butcher Property' dated July 1, 2004 (the "GDP and shall
include the following:
1.1 Areas of residential development on the Property shall be developed in
conformance with the regulations of the Residential Performance "RP zoning_
district, as set forth in the Frederick County Code. All residential development
on the Property shall comply with the aforesaid regulations, or as may be
Page 1 of 6
Butcher Proffer Statement
1.2 Residential development on the Property shall not exceed a maximum of 69
single family detached dwelling units.
1.3 The project shall be comprised solely of single family, detached housing types.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITb AND PLAN
APPROVALS:
2.1 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, and design standards, and
this Butcher Proffer Statement as approved by the Board.
3. FIRE ($c RESCUE:
3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit
for fire and rescue purposes, payable upon the issuance of a building permit for
each single family detached unit.
4. SCHOOLS:
4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling
unit for school purposes, payable upon the issuance of a building permit for each
single family detached unit except those that may be designated as "age
restricted
5. PARKS &OPEN SPACE:
5.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling
unit for recreational purposes, payable upon the issuance of a building permit for
each single family detached unit.
6. LIBRARIES:
6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit
for library purposes, payable upon the issuance of a building permit for each
such single family detached unit.
7. SHERIFF'S OFFICE
7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit
for the Sheriff's Office upon issuance of building permit for each such unit.
ADMINISTRATION BUILDING
8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit
for construction of a general governmental administration building upon
issuance of building permit for each such unit.
Page 2 of 6
Butcher Proffer Statement
9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
9.1 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.
9.2 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 not
otherwise dedicated to public use, (ii) common buffer areas located outside of
residential lots; (iii) common solid waste disposal programs, if they decide to use
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.
10. WATER &SEWER
10.1 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.
11. ENVIRONMENT:
11.1 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 which results in
the highest order of stormwater control in existing Virginia law at the time of
construction of any such facility.
12. TRANSPORTATION:
12.1 Transportation improvements shall be designed and constructed consistent with
the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared
by Patton Harris Rust Associated, dated September 8, 2004 (the "TIA The
Applicant shall privately fund all transportation improvements required of this
project.
12.2 The Applicant shall enter into a signalization agreement with the Virginia
Department of Transportation (VDOT) to share 25% of the cost of installation
of a traffic signal at the intersection of Farmington Boulevard and Greenwood
Road.
Page 3 of 6
Butcher Proffer State/net
12.3 The extension of Farmington Boulevard through the project shall be designed
and constructed to include traffic calming measures acceptable to VDOT.
13. ESCALATOR CLAUSE:
13.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Frederick County Board County Supervisors ("Board") within 30
months of the approval of this rezoning, as applied for by the Applicant, said
contributions shall be in the amounts as stated herein. Any monetary
contributions set forth in the Proffer Statement which are paid to the Board after
30 months following the approval of this rezoning shall be adjusted in
accordance with the Urban Consumer Price Index "CPI -U") published by the
United States Department of Labor, such that at the time contributions are paid,
they shall be adjusted by the percentage change in the CPI -U from that date 24
months after the approval of this rezoning to the most recently available CPI -U
to the date the contributions are paid, subject to a cap of 6% per year, non
compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 4 of 6
butcher
Respectfully submitted,
DAVID B. HOLLIDAY
By:
Title:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowle4ged before me this
J I r /Qty/
7'IT
baiY, 2004, by li ;(i f
My commission expires
Notary Public ly2,3Pj
Proffer Statement
Page 5 of 6
BETTIE NSLOW
55—A 184
ZONED; RP
USE: RESIL N ➢AL
ORRICK CEM ETERY CO. INC.
55 —A 201
ZONED: RA
USE CEME "RY
BUTCHER PROPERTY
GENERALIZED DEVELOPMENT PLAN
FREDERICK COUNTY, V /RGINW
ORRICK CEMETERY CO, INC.
55 —A -201
ZONED: RA
USE CEMETERY
gilbert w. clifford associates
a division of
Patton, Harris, Rust Associates, pc
117 E. PicadiIIy SL Watchester, Virginia 22601
VOICE: (540) 667 -2139 FA%: (540) 665 -0493
HAMMONO
5J- 1 -5 -11
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