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HomeMy WebLinkAbout14-04 Proffer StatementAction: PLANNING COMMISSION: January 19, 2005 Recommended Approval BOARD OF SUPERVISORS: February 9, 2005 APPROVED DENIED PDRes 05 -05 AMENDMENT AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #14 -04 FOR THE HAGGERTY PROPERTY WHEREAS, Rezoning #14 -04 for the Haggerty Property, submitted by Patton Harris Rust Associates, to rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County, in the Red Bud Magisterial District, and is identified by Property Identification Numbers (PINs) 55A -212 and 55- A -212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19. 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9, 2005; 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 111.56 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. PDRes 405 -05 This ordinance shall be in effect on the date of adoption. Passed this 9th day of February, 2005 by the following recorded vote: Richard C. Shickle, Chairman A }P Barbara E. Van Osten AY-e— Gina A. Forrester Na y Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Aye Gene E. Fisher Aye A COPY ATTEST Job Riley, Jr. Frederick County Administrator PROPOSED PROFFER STATEMENT REZONING: RZ. 14 -04 Rural Areas (RA) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property') RECORD OWNER The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISIONDATE(S): 1/12/05; 1/20/05; 2/9/05 The undersigned hereby proffers that the use and development of the subject property "Propertyy"), 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, Haggerty Property" dated December 20, 2004 (the "GDP and shall include the following. 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1 2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 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 Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 maybe requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE &RESCUE.: 4.1 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. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit 5. 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. Page 2 of 8 Rev. 2/09/05 Proffer Staternent 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 7. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. Haggerty $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 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. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOQATION: 10.1 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. 10.2 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 Page 3 of 8 Rev. 2/09/05 Proffer Statement 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 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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WA1ER &SEWER: Haggerty 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick-Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 Rev. 2/09/05 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (U2) cross section with a center tum lane. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151` building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and /or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 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 "GPI -U") published by the United States Department of Labor, such that at the time contributions Page 5 of 8 Rev. 2/09/05 Proffer Staternent 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 )ear, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Haggerty Page 6 of 8 Rev. 2/09/05 Proffer Statement Respectfully submitted, By Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this/6 ih day r ■nrf 2005, by Thi0 .I ci t3 x ¥-Ic i h ;do( My commission expires 2don Notary Public Unlauno ,j Page 7 of 8 The Canyon, LC fYlA4 Haggerty Rev. 2/09/05 O FCSAI1R SIO :TaM1P4STATIOA OJECT e y RDJTE 7 SENSENY REAa \tnLLECTOR 7 IPHERS) DENOTES GENERALIZED OPEN SPACE LAYOUT H4GGERTY PROPERTY ti p e o GENERALIZED DEVELOPMENT PLAN 0 0 FREDERICK COUNTY, VIRGINIA o gilbert w. Clifford associates a division of Patton, Harris, Rust Associates, pc 117 E. Picadlly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FM: (540) 665 -0493 Page 8 of 8 Patton H arris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. P To: Organization/Company: Address: Quantity File 1 Notes: Telephone Number: Date: From: Project Name /Subject: Via: 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 Mike Ruddy a E 11 I-9 Frederick County Planning Department 107 N. Kent Street Winchester, VA 22601 540 665 -5651 10 February 2005 Chuck Maddox Haggerty Received by: Date: FEB 1 0 2005 FREDERICK COUNTY PLANNING DEVELOPMENT Date Description Revised Proffer Statement (final) Transmittal Internal Project File 12617 -1 -0 Transmitted Herewith Under separate cover Material Originals Photocopies Diskette Shop Drawings Mylar Ozalid Prints Invoice Sepia Purpose Approval Please Return: Corrected Prints Please Submit: Revised Prints OUTPUT MODULE APPLICANT: LAND USE TYPE REAL EST VAL FIRE RESCUE Haggerty RP $13,110,000 4 Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT METHODOLOGY: NOTES. Model Run Date 11/01/04 MTR Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Faciltlies col sum only) $88,860 $428,769 $252,221 $369,754 $153,500 $26,686 $15,794 $20,269 $25,858 $1,381,709 $0 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: PLANNING DEPT PREFERENCES 1.0 Project Description: Assumes maximum number of 100 Single Family Detached units on 112 acres. Maximum density of 2.68 units per acre. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. Credits to be Taken for Future Taxes Paid (NPV) Cur. Budget Cur. Budget Cap. Future CIP/ Oper Cap Equip Expend /Debt S. Taxes, Other $70,156 $340,561 $12,941 $24,936 $108,032 $0 $27,531 $368,092 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one -time taxes /fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4: NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). $34,594 $7,463 $3,226 $0 Total Potential Tax Credits (Unadjusted) $0 $410,717 $34,594 $7,463 $16,167 $0 $52,467 $45,283 $521,408 $0 0.0 Rev -Cost Bal 1.0 Ratio to Co Avg NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. Adjustment For Revenue- Net Capital Cost Balance Facilities Impact $0 $293,636 $24,732 $5,336 $11,558 $0 $37,511 $372,773 $1,008,936 $0 0.533 0.715 $88,860 $757,107 $128,768 $21,350 $4,236 $20,269 $0 Net Cost Per Dwelling Unit $889 $7,571 $1,288 $213 $42 $203 $0 $10,089 $1,008,936 1 $10,069 OUTPUT MODULE APPLICANT: LAND USE TYPE REAL EST VAL FIRE RESCUE Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS. NET FISCAL IMPACT NET CAP. FACILITIES IMPACT METHODOLOGY: NOTES: Haggerty RP $14,020,000 4 Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Faciltiies col sum only) $141,316 $681,632 $432,378 $108,240 $525,437 $478,505 $244,116 $42,439 $25,117 $32,234 $41,123 $2,118,861 Model Run Date 11/01/04 MTR $0 INDEX: "1.0" If Cap. Equip Included INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: PLANNING DEPT PREFERENCES Credits to be Taken for Future Taxes Paid (NPV) Cur. Budget Cur. Budget Cap. Future CIP/ Oper Cap Equip Expend /Debt S. Taxes Other $25,862 $49,872 $183,994 1.0 0.0 1.0 1.0 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one -time taxes /fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest Project Description: Assumes maximum number of 200 Single Family Attached Townhouse units on 112 acres. Maximum density of 2.68 units per acre. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. $0 $55,062 $580,499 $55,016 $11,869 $5,130 $0 Total Potential Tax Credits (Unadjusted) $0 $633,677 $55,016 $11,869 $31,012 $0 $104,934 $72,015 $836,508 $0 Rev -Cost Bal Ratio to Co Avg he projects are debt financed. Adjustment For Revenue Cost Balance $0 $416,400 $36,152 $7,799 $20,378 $0 $68,954 $549,683 $0 0.490 0.657 Net Capital Facilities Impact $141,316 $1,176,115 5207,964 $34,640 $4,739 $32,234 $0 $1,569,179 Net Cost Per Dwelling Unit $707 $5,881 $1,040 $173 $24 $161 $0 $7,846 $1,569,179 1 $7,846' gilbert w. clifford associates a division of Patton Harris Rust Associates pc Engineers. Surveyors. Planners. Landscape Architects, P To: Organization /Company: Address: Telephone Number: Date: From: Project Name /Subject: Via: Quantity File 1 Notes: 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 541667.2139 F 540.665.0493 Mike Ruddy Frederick county Planning 107 N. Kent Street Winchester, VA 22601 January 27, 2005 Chris Mohn Haggerty Property Date Description Generalized Development Plan rt JAN 2 7 2005 FREDERICK COUNTY i �nivivnva uz uc vc Lur rotivl Internal Project File 0 0 0 Transmittal Transmitted Herewith Under separate cover Material Originals Photocopies Diskette Shop Drawings Mylar Ozalid Prints Invoice Sepia Purpose Your Use Your Files Approval Please Return: Corrected Prints Please Submit: Revised Prints Received by: Date: PHA CORPORATE. Chantilly VIRGINIA OFFICES: Chantilly B r id gewater Fredericksburg Leesburg Richmond Virginia Beach Winchester Woodbridge LABORATORIES_ Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood 'NEST VIRGINIA OFFICE: Martinsburg t 540.6672139 F 540.665 0493 117 East Piccadilly Winchester, VA 22501 Street gilberi w. Clifford associates a division of Patton Harris Rust Associates, pc Engineers. Surveyors. Planners. Landscape Architects. 26 January 2005 Mr. Michael Ruddy, AICP Deputy Planning Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 RE: Subject: Dear Mike: Haggerty Property Rezoning (The Canyon, LC) Statement of Intent regarding FWSA Land Exchange and Additional Transportation Analysis Thank you for meeting with me on Monday to discuss comments offered by the Planning Commission at its January 19, 2005 meeting concerning the proposed proffer statement for the referenced application. The proffer statement has been revised accordingly, a copy of which is attached for your review. In accordance with your counsel's request, we have removed the proffered condition concerning the Applicant's intent to complete a future land exchange with the Frederick Winchester Service Authority (FWSA). The Applicant will proceed with construction drawings for "spine" collector road improvements, after which a land exchange agreement will be negotiated with FWSA. This agreement will be completed and available for County review at the time of master development plan (MDP) approval. The Applicant will further coordinate with Frederick County Parks and Recreation and FWSA to determine the viability of active recreational use of the exchanged land by UDA residents, which is that area identified on the GDP as "open space." Appropriate transportation studies will also he produced to guide design of proffered road improvements, particularly at the cross -over on VA Route 7. It is agreed that such analysis will indeed be important to ensure proper road design, as noted by Vice Chairman Roger Thomas during the Planning Commission's discussion. CEM /kf Enclosure Please advise if staff agrees with this statement of intent and the revised contents of the proffer statement. As always, I am available to respond to any questions or concerns. Thank you for your assistance with this application. Sincerely, PATTON IS R ST SO D p j 3�Y r es E. lad s r., P.E. e cc resident cc: David Holliday, Manager The Canyon, LC REZONING: PROPERTY: RECORD OWNER APPLICANT: PROJECT NAME: ORIGINAL DAI E OF PROFFERS: 1. LAND USE: 1.1 CLEAN COPY PROPOSED PROFFER STATEMENT RZ. 14 -04 Rural Areas (RA) to 111.56 acres Tax Map Parcels 55- The Canyon, LC The Canyon, LC Haggerty Property December 20, 2004 Residential Performance (RP) A -212 212A (the "Property") REVISIONDATE(S): 1/12/05; 1/20/05 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, Haggerty Property" dated December 20, 2004 (the "GDP and shall include the following: Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE. OF PERM IS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and designestan'dairds� and this Haggerty Proffer Statement as approved by the Board'. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period beginning on the date of master development plan approval by the Board. 2.3 After 48 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE 8c RESCUE: 4.1 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. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. 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. 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Rev. 1/20/05 FREDERICK COUNTY PLANNING DEVELOPMENT Proffer Statement 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: 8. SHERIFF'S OFFICE Haggerty $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 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. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOME OWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 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. 10.2 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 perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if Page 3 of 7 Rev. 1 /20/05 Proffer Statement platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenaiice'of P n' P' streetlights. e. 11. WATER SEWER 12. ENVIRONMENT: Haggerty 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12.1 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. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (U2) cross section with a center turn lane. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the 51" building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151" building permit. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, Page 4 of 7 Rev. 1/20/05 Proffer Statement including Route 7 improvements with turn lanes, pursuant to \DOT specifications and approval. The Applicant shall further enter ,into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and/or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick CountyBoard 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 to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Haggerty Page 5 of 7 Rev. 1/20105 Proffer Statement Respectfully submitted, By The Canyon, LC Tide: Manager STAIN OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2005, by My commission expires Notary Public Haggerty Page 6 of 7 Rev. 1/20/05 F TORE R SENSENY ROAHICOLLECTOR �(HY\OTHERS> 03 ti HAGGERTY PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, 4RCINIA OPOSED OFCSA`REGIONAL �PUL/P:STATION ECT .0) l gilbert w. clifford associates c division of Patton, Harris, Rust Associates, pc 117 E Picodily St. Winchester, Yeginia 22601 VOICE: (540) 667 -2139 FM: (540) 665 -0493 Sheet 7 of 7 REZONING: PROPERTY: RECORD OWNER APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DAIL (S): 1. LAND USE: 1 .1 STRIKE THROUGH COPY PROPOSED PROFFER STATEMENT RZ. 14 -04 Rural Areas (RA) to 111.56 acres Tax Map Parcels 55- The Canyon, LC The Canyon, LC Haggerty Property December 20, 2004 1/12/05; 1/20/05 Residential Performance (RP) A -212 212A (the "Property 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, Haggerty Property" dated December 20, 2004 (the "GDP and shall include the following: Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement 4. FIRE RESCUE: 5. SCHOOLS: 3. PEDESTRIAN TRAIL SYS'1EM AND RECREATION AREAS Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 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 Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 400 in any 12 month period beginning on the date of final master development plan approval by the Board. 2.3 After 48 36 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4.1 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. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached 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. 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Rev. 1/20/05 Proffer Statement 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: 8. SHERIFF'S OFFICE Haggerty $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 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. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 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. 10.2 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 perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if Page 3 of 7 Rev. 1/20/05 Proffer Statement 11. W MLR SEWER: 12. ENVIRONMENT: 13. TRANSPORTATION: Haggerty platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (152) cross section with a center turn lane. The collector road shall be constructed from VA Route 7 to the project site prior, to issuance of the 51" building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151" building permit. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, Page 4 of 7 Rev. 1 /20/05 Proffer Statement Haggerty including Route 7 improvements with tum lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and /or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick CountyBoard 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 5 of 7 Rev. 1/20/05 Proffer Statement Respectfully submitted, By The Canyon, LC Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2005, by My commission expires Notary Public Haggerty Page 6 of 7 Rev. 1/20/05 1. LAND USE: 0313EE11T PROPOSED PROFFER STATEMENT REZONING: RZ. 14 -04 Rural Areas (RA) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME Haggerty Property ORIGINAL DAT OF PROFFERS: December 20, 2004 REVISION DATE (S): 1/12/05; 1/20/05 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, Haggerty Property" dated December 20, 2004 (the "GDP and shall include the following- Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement NOT O URBE IT 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 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 Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period beginning on the date of master development plan approval by the Board. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 48 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3.1 The Applicant shall design and build a public pedestrian bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 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. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. 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 peuuit for each single family detached unit. Page 2 of 7 Rev. 1/20/05 Proffer Statement 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: Haggerty 9. ADMINISTRATION BUILDING 8. SHERIFF'S OFFICE $1,288.00 per issuance of a $1,040.00 per issuance of a 7.1 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. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOQATION: 10.1 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. 10.2 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 Page 3 of 7 Rev. 1/20/05 Proffer Statement 11. WATER &SEWER 12. ENVIRONMENT: Haggerty 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 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. 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick- Wmchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101' building permit is issued. (See 3 on GDP). 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. 13.2 The Applicant shall construct a collector road as the "spine" of the project's intemal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (U2) cross section with a center turn lane. C The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151" Page 4 of 7 Rev. 1/20/05 Proffer Statement 14. ESCALATOR CLAUSE: 14.1 SIGNATURES APPEAR ON THE FOLLOWING PAGES Haggerty building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and /or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and /or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans (See 7 on GDP). 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. Page 5 of 7 Rev. 1/20/05 Proffer Statement Respectfully submitted, By: OT CURgt"T The Canyon, LC Title: Manager STAIL OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: My commission expires 1 Notary Public 1fpyo i The foregoing instrument was acknowled•ed before me this 2 day by-cork.' 2005, by Haggerty Page 6 of 7 Rev. 1/20/05 O ECSa TONAL 44UMP4STATIO Lp ROUTE SENSENY WaROAHCOLLECTOR �I (HY\➢THERS) HAGGERTY PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINIA DENOTES GENERALIZED OPEN SPACE LAYOUT gilbert w. afford associates o division of Patton, Harris, Rust Associates, pc 117 E Picadilty SL Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 Sheet 7 of 7 Patton Harris Rust Associates,pc 1 .Engineers. Surveyors. Planners. Landscape Architects. T i ch s67 41a39inia 22601 cite 200 PHRA F 540.665.0493 To: Mike Ruddy Organization /Company: Frederick County Planning Department Address. 107 N. Kent Street Winchester, VA 22601 Telephone Number: 540 665 5651 Date: 14 January2005 From: Chris Mohn Project Name /Subject: Haggerty Via: Quantity File Date 1 1 Notes: Mike, Revised Proffer Statement (original) VDOT Acceptance of Revisions (copy) Received by: Date: Transmittal Internal Project File 12617 Description Transmitted Herewith Under separate cover Material Originals Photocopies Diskette Shop Drawings Mylar Ozalid Prints Invoice Sepia Purpose Approval Please Return: Attached is the revised proffer statement for the Haggerty Property rezoning The Corrected Prints revisions include the addition of the following. Section 1.3 land swap with FWSA; Section 13.3 cross -over improvements on VA Route 7; Section 13.5 collector road Please Submit: entrance for the Opequon Regional Wastewater Facility. Note that only the proffer text Revised Prints is revised, the GDP remains unchanged. Thanks! Chris 1. LAND USE: PROPOSED PROFFER STATEMENT REZONING: RZ. Rural Areas (RA) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55-A-212 212A (the "Property RECORD OWNER The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DA I E OF PROFFERS: December 20, 2004 REVISION DA'IE(S): January 12, 2005 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, Haggerty Property" dated December 20, 2004 (the "GDP and shall include the following: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. Page 1 of 8 Haggerty Proffer Stalemen! 1.3 It is the intent of the Applicant to negotiate a land exchange with the Frederick Wmchester Service Authority (FWSA) for a portion or all of the approximate 20- acre land bay reserved as open space on the GDP and those lands made available by the FWSA as a part of right of way acquisition for the planned road system. A number of issues must be resolved prior to the completion of said exchange, many requiring design information only available after rezoning The Applicant shall complete the negotiation and exchange agreement with the FWSA prior to approval of the master development plan for the project. 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 Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 100 in any 12 month period beginning on the date of final master development plan approval by the Board. 2.3 After 36 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE RESCUE: 4.1 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 unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 8 I- Iaggerty Proffer Statement 5. SCHOOLS: 7.1 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. 7.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 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. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 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. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 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 Page 3 of 8 11. WA'1ER &SEWER: 12. ENVIRONMENT: 13. TRANSPORTATION: Haggerl�! Proffer Statement responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 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; (di) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any 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. 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101x` building permit is issued. (See 3 on GDP). 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 Haggerty Proffer Statement 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (U2) cross section with a center turn lane. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the 51' building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151` building permit. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross- over at the intersection of the "spine" collector road and VA Route 7, including Rte 7 improvements with turn lanes pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. If this right of way has not been requested for dedication by the 10` anniversary of approval of the rezoning, then this agreement to dedicate is null and void and the Applicant may utili7P the land without restriction except as provided for within County and State law. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and /or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 15. ESCALATOR CLAUSE: 15.1 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 Page 5 of 8 I- Iaggeixy Proffer Statement 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 6 of 8 Respectfully submitted, The Canyon, LC By Tide: Mana e STAIL OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Haggerty Proffer Statement e foregoing instrument was acknowl dged me this. /f day of 2005, by P/0 /D /7 j/ ,41 lC Mycommissio xpires ,10' 31 NotaryPublic C Page 7 of 8 Haggerty Rezoning Proffers Christopher M. Mohn From: Funkhouser, Rhonda Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Ingram, Lloyd Lloyd.ingram @VDOT.Virginia.gov] Sent: Thursday, January 13, 2005 3:10 PM To: 'Christopher.Mohn @phra.com' Cc: Ingram, Lloyd; Eric Lawrence (E -mail) Subject: Haggerty Rezoning Proffers Chris, I have reviewed your proposed additions to the Haggerty Proffers. I feel the comments you have provided address the concerns we reviewed with you during Tuesday's meeting (01/11/2005). We look forward to receiving the smooth version of the proffer package. Have a good weekend. Lloyd Lloyd A. Ingram Transportation Engineer VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984 -5607 (fax) 1/13/2005 Page 1 of 1 REZONING: PROPERTY: RECORD OWNER APPLICANT: PROJECT' NAME ORIGINAL DA 1'E OF PROFFERS: REVISION DALE (S): 1. LAND USE: 1.1 RZ. Rural Areas (RA) to 111.56 acres Tax Map Parcels 55- The Canyon, LC The Canyon, LC Haggerty Property December 20, 2004 N/A PROPOSED PROFFER STATEMENT Residential Performance (RP) A -212 212A (the "Property") 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, Haggerty Property" dated December 20, 2004 (the "GDP and shall include the following. Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. Page 1 of 7 Haggerty Profer Statement 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 Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 100 in any 12 month period beginning on the date of final master development plan approval by the Board. 2.3 After 36 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE &RESCUE: 4.1 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. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 7.1 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. 7.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Hageny 6. PARKS OPEN SPACE: 6.1 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. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: Proffer Statement 7.1 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. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 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. 10.2 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 perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within Page 3 of 7 11. WATER &SEWER 12. ENVIRONMENT: 13. TRANSPORTATION: Haggerty Praffer Staleme residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building pewit is issued. (See 3 on GDP). 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (U2) cross section with a center turn lane. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the 51" building permit for the project, and shall be completed to the south project boundaryprior to issuance of the 151" building permit. (See 4 on GDP) 13.3 The Applicant shall make available the area necessary for the future construction by others of an east -west collector road that will connect to the "spine" collector road. (See 5 on GDP) Page 4 of 7 15. ESCALATOR CLAUSE: Haggerty Proffer Statement 13.4 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. If this right of way has not been requested for dedication by the 10` anniversary of approval of the rezoning, then this agreement to dedicate is null and void and the Applicant may utilize the land without restriction except as provided for within County and State law. (See 6 on GDP). 13.5 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and /or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 15.1 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 "GPI -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 GPI -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 5 of 7 Haggerty Respectfully submitted, By: The Canyon, LC Tide: Manager S TA I L OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this .;2 3 ay of 9t- eia7Il/1r7L 2004, by ID Notary Pub l._ h41116 ,1 I40 A sio expires limey of 9 S? Proffer Statement Page 6 of 7 4 �F�� 65 R HAGGERTY PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, NRGINLI J gilbert w. clifford associates a division of Patton, Harris, Rust Associates, pc 117 E Picadily St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FM (540) 665 -0493 Sheet 7 of 7