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Home My WebLink About01-05 Proffer Statement0 4`4 coG�� AMENDMENT w a� m Action: PLANNING COMMISSION: March 16, 2005 - Recommended Approval BOARD OF SUPERVISORS: September 28, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01 -05 FOR RUSSELL 150 WHEREAS, Rezoning #01 -05 for Russell 150, was submitted by Greenway Engineering to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property fronts on the west side of Front Royal Pike (Route 522), opposite Airport Road (Koute 645), in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINs) 64 -A -10 and 64 -A -12. The property also fronts on the east side of Interstate 81. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 16, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 13, 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 I'ivderiek LAniuV' 06C. Zoning, i S dlilended to revisl the Zoning Distiwi Vviali change 96.28 acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres hone 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. i'I)Rcs. #I I -05 i This ordinance shall be in effect on the date of adoption. Passed this 28th day of September, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Lynda J. Tyler Gene E. FichFr Nay Gary Dove Aye Aye Bill M. Ewing Aye Aye A COPY ATTEST RY�4 John R. i} v h'. PDRes. #I1 -05 Greemcay Engineering October 22. 2004 Russell 15012ezouin- Revised October 27, 2004, Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 Revised September 28, 2005 RUSSELL 150, LC - PROFFER STATEMENT REZONING: RZ4 01 -05 Rural Areas (RA) to Business General (B2) and Residential Performance (RP) PROPERTY: 150.28- acres + / -, "fax Parcels 464- ((A)) -10 & 64- ((A)) -12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after the "Applicant ") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: October 22, 2004 REVISION DATE: September 16, 2005 Preliminari Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 4 01 -05 for the rezoning of 150.28± -acres from the Rural Areas (RA) District to 96.28± -acres of Business General (B2) District and 54.0± -acres Residential Performance (RP) District, development of the subject property ( "Property ") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. hi the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Applicant and any legal successors, heirs, or assigns. The Property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64- ((A)) -10 and 64- ((A)) -12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. Pile 93701 /PAW Creemcuy Engineering October22,2004 Russell ISO Rezoning Revised Oclober27, 2004, Revised February 17, 2005 Revised March 16, 2005, Revised September 16, 2005 Revised September 28, 2005 1. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformance with a Generalized Development Plan prepared by Greenway Engineering dated September 16, 2005 ( "GDP ") approved as part of the rezoning application. The GDP is intended to delineate the major thoroughfares that will traverse the Property and provide access to the commercial and residential land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road Extended is intended to be developed unless the Virginia Department of Transportation ( "VDOT ") determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT approval of another intersection design at Warrior Drive and Airport Road Extended will not necessitate approval of a new GDP by the Board of Supervisors. The-GDP identifies the 96.28± -acre Business General (132) District land bay and the 54.0± -acre Residential Performance (RP) District land bay. It. Transportation A. Community Development Authority (Agreement to Participate) The Applicant hereby proffers to participate fully in the Community Development Authority ( "CDA ") special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate -81 /East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road Extended, and East 'Levis Street and associated bicycle lanes within the Property, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. B, Warrior Drive The Applicant hereby proffers to construct the ultimate section of Warrior Drive within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120 -foot wide right -of -way extending from the intersection with East Tevis Street to the southern boundary of the Property, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road Extended shall be in the form of f ire 4�70UTAW 2 Grcemvav Lngitteerine Octobcr 22. 20011 0 Russell ISO Rezonins Revised October 27, 2004, Rcvlsed Fehruary 17, 2005 Revised March 16, 2005; Revised September 16. 2005 kcvised September 28 2005 a roundabout, unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are Unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. C. Airport Road Extended The Applicant hereby proffers to construct the ultimate section of Airport Road Extended within the Property in conformance with the Public Improvement Plan that wit[ be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate right -of -way as required by VDOT, extending from the eastern boundary of the Property to the intersection with Warrior Drive, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The Applicant shall install fall intersection improvements at the pront Royal Pile (Route 522) and Airport Road Extended intersection as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. D. Interstate 8PEast Tevis Street Flyover Bridge The Applicant hereby proffers to construct a four -lane Ilyover bridge crossing of Interstate 81 to allow for the East Tevis Street connection between Frederick County and the City of Winchester. The construction of the four -lane flyover bridge and associated sidewalks will be in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the fast phase of improvements by the Applicant. E. East Tevis Street Within Property The Applicant hereby proffers to construct the ultimate section of East Tevis Street within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120 -foot wide right -of -way extending from the western boundary of the Property to the northern boundary of the Property in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. If for any File 4 3 Uccmcay Gngineerine Octoberr22, 2004 Russell 15012cz011111e Revised October 27, 2004, Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 Revised September 28, 2005 reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. F. Contribution to Frederick County General Transportation Fund The Applicant hereby proffers to provide a monetary contribution unconditionally to the Frederick County General Transportation Fund in the amount of $1,000,000.00. This monetary contribution shall be paid to Frederick County at the time of building permit issuance for the residential portion of the Property. The Applicant shall provide a per unit monetary contribution of $3,500.00 to fiord the $1,000,000.00 commitment, or such additional amounts based upon the total number of approved residential units which will equal $1,000,000.00. G. Tax Map Parcel 64- ((A)) -18 Inter- Parcel Connection The Applicant hereby proffers to provide for an inter - parcel public street connection between the residential portion of the Property and Tax Map Parcel 64- ((A)) -18. If an inter - parcel connection cannot be constructed to connect with another public street on Tax Map Parcel 64- ((A)) -18 at the time of development of the final residential phase within the Property, the Applicant will dedicate a 50 -foot right -of -way between the public street serving the residential portion of the Property and Tax Map Parcel 64- ((A))- 18, and will construct the public street serving the residential portion of the Property to connect to Front Royal Pile (Route 522). H. Bicycle Lanes The Applicant hereby proffers to construct bicycle lanes along Warrior Drive, Airport Road Extended, and East Tevis Street within the Property as depicted on the GDP. These bicycle lanes will be designed as 10 -foot wide asphalt lanes separate from the vehicular travel lanes and included as part of the VDOT approved Public Improvement Plan for each of the roads described above. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the First phase of improvements by the Applicant. File 43701 /HAP' 4 Grwmeay Engincerin_, October 22,2004 0 Russell 150Rezonlno Revised October 27, 2004, Revised Febrnnry 17, 2005 Revised March 16, 2005; Revised September 16, 200, Revised September 28, 2005 III. Residential A. Residential Use Restriction The Applicant hereby proffers to prohibit the following housing types within the Property: Single - family detached rural traditional 2. Single - family detached traditional 3. Garden apartments B. Phasing The Applicant hereby profilers that residential development shall be phased to limit the number of residential dwelling unit building permits to forty (40) per calendar year beginning in the calendar year in which the Master Development Plan is approved. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80 %) of the exterior wall surface, exclusive of glazing and rooting. D. Monetary Contribution to Establish Homeowners' Association Fund The Applicant hereby proffers to establish a start -up fund for the residential development within the Property that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot, of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Homeowners' Association ( "HOA ") fund. Language will be incorporated into the Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the HOA. The start -up funds for the FIOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and /or legal fees. Pile 93701 /BFl W 5 Grecimay Fir- ineerin' October 22, 2004 0 Russell 150 Rezoning Revised Oclober27, 2004; 12cvised February 17, 2005 Revised March 16,2005: Revised September I6, 2005 Revised September 28, 2005 IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above - described property hereby voluntarily proffer that in the event rezoning application # 01 -05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School Svsteru The Applicant hereby proffers to contribute $3,000.00 per residential unit to be directed to Frederick County Public Schools. This monetary contribution shall be paid at the time of building permit issuance of each residential dwelling unit on the Property. B. Fire and Rescue Services The Applicant hereby proffers to contribute $10,000.00 for fire and rescue services to be directed to the local fire and rescue company providing first response service to the Property. This monetary contribution shall be paid at the time of issuance of the first building permit on the Property. V. Stormwater Quality Measures The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and /or Best Management Practices (BMP) to promote storinwater quality measures. A statement will be provided oil each commercial and residential site plan identifying the party or parties responsible for maintaining these Llla and /or BMP facilities as a condition of site plan approval. The Applicant hereby proffers to establish a no disturbance easement within the Buffalo Lick Run stream valley that is depicted on the GDP. The purpose of this no disturbance casement is to prohibit development activities within the commercial and residential land bays that are located within the defined area. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing for the continuation of Warrior Drive. File 43701 /1 6 I Grcenway Hnglneering October 22, 2004 Russell 150 Rezoning Revised October 27,2004: Revised February 17, 2005 keviscd March 16, 2005, Revised September 16, 2005 Revised September 28, 2005 V1. Sir nature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Subyf�i ted: I By: Denver E. Qui ncl v, Manager Date Russell 150, L Commonwealth of Virginia, Citv ount of �F rede)r(C� To Wit: The foregoing instrument was acknowledged before me this �ln day of uvlifr X0 by E. oui My Commission Ex pires eto 2, Notary Public rile 9370 venw 7 Ll [IV �y Z 0 lu 2 lu I" c� °o �, ,per -- -- 3 �� z 64-(( D GLUZZ • Al tau p zOmm: ml USE ol s /f I .�•"�i � ICYC E LANEx.- p LAN w Lh ni P.I. z v d9 . A ONE L & ' I YGLE z E- " IL Ile ' S LLI ( t3 x I N RA, USE: V NT N C3 2 X1 a OUTPUTMODULE Takar, W EgM IMMP&ld APPUCANr: Ruax518O Net Fwalimpad LANOUSETYPE $27RP Costs of baoact Credit REAL EST VAL. 575,677,679 di. RegWed (o9eredin FIRE& RESCUE• 6 Culls! FadYHea cclsum FIm and Resuo DaPanmanl $485.629 ElsmntaO 8dlw6 51,001,599 Mbde Schad, $635,596 IFBh $'hods $794402 Pero and Reoeadon $!54061 Path LbM $52,366 Shgra ORCes 358,923 Adn2deVallgn Buldhg $47.564 Otar bxeltaneaw Far350es 360,451 SUBTOTAL $2,392,820 LESS' NET FISCAL IMPACT 523.064,847 NET CAP. FACILITIES IMPACT C,dim b be Takar, W EgM IMMP&ld 1NPVI Total PaeMldl A*01olaot For Cur. Sudgal Cw- B udgel Cep- 6' Fulum 1 T.CWft ReVNUS Net CepON Net Coot Per p Inc UN1 OWCw EUdc E4cend)Deb15. Taaa+.OBmr LUluducledl Cast Balance Facto"lomad SO 90 5485.629 51,652 5159,113 5172383 $031,508 5931,598 51,408.491 44,784 gpllam S80.6T3 $60.87$ 5277,878 S94S $17,448 $11.448 317,440 444.955 $153 571,553 $0 57.541 VEIN 570,194 50 s0 $47,384 s0 $161 $161894 $16$000 50 50 S925,803 5379.803 $D s $384.3110 $942,702 5185,862 $1,432.824 $1,432624 51,958,707 se,666 19,004.847 $73.0114.817 0 INOEX'1.0' 11 Cap. EgdP lndudad 1.0 INDEX: - I.D - 9 Rd*Ccal Be4'0.011 Rata to Cc Avg: ED Res -Cwt Ual° PLANNING DEPT PAEFERENCM 1.0 1.0 Rota to Co Avg 1 METHODOLOGY: I. New Flaepq ha Impact KPV kM ap lsareinpd bereu IsI P AIa u to 1 pd rub hmadei 2, . Net Impact NPY Mm " e U -d las Mcf ahNl roat0 at fug mul Imo ae�t up w hrJ ere Bm IN spa aidh od c cflees fa o uyeaa only shag va5fa. 3. NPV W b5aa 011arpry pa ddumn a COIC"Wad h fiscal ads 4. WV V of ho" ca Mass paid to bd efmla w4my p1, Nmbard b mlaaa+k a. b iffaS. a 5. S I NPahA4ae ms peltlbbdnp anent wanly up MO r rma fac0iees,s wisulaled ha axn acs maul. G CdumacUnee trough$ae are added so paloollal cmda agam We wlwlsted wpBN I fad5k5regWemaas. These amaaflnted (a Percentactdla cwaetl OY 5le revemms I han iha Wolff laclud, ar es n6a bavl br aN maitlewl dea0opnere7. I NOTE: PmBes cdcWalm5 de ad bWUtle 5r3uda Ykresl because Vn em wan paPnerts up lax CredOS do lntlude hbre5t98ue prejecb are dolts *--d NOTES: Modal R. Data IN2B84 MTR I I Proles L4ttdgio7a AaaanoemaaMmum rNmbBi TavN1ollaee ard284,OW 4guare faelaOmce antl440450 square feddRebl I Tabl Aaeape 150.13acres(9826 saes 82754 saw RP reeuIHrB lna resldxUd dars8yd G4 udU Pa aue4 Ooe bdlerlphp cmdgare assodale0vA1 derekpmenlhl BID Cllunl, Yue msulla o18Ye Output Nodule may n41 M w5tl bryond apnbd d W days hmi Na nodal rw dale. Loot 1.342 _ 1 Y d N m A N N m m 9 rt m m N m N • C� Greenway Engineering 0 October 22, 2004 0 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 - Revised March 16, 2005; Revised September 16, 2005 RUSSELL 150, LC - PROFFER STATEMENT REZONING: RZ# 01 -05 Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28 -acres + / -; Tax Parcels #64- ((A)) -10 & 64- ((A)) -l2 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after the "Applicant ") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: October 22, 2004 REVISION DATE: September 16, 2005 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01 -05 for the rezoning of 150.28± -acres from the Rural Areas (RA) District to 96.28± -acres of Business General (132) District and 54.0± -acres Residential Performance (RP) District, development of the subject property ( "Property ") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Applicant and any legal successors, heirs, or assigns. The Property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64- ((A)) -10 and 64- ((A)) -12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Assoc'ntes dated February 13, 1998. f; File #3701 /EAW I Grecnway Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 1. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformance with a Generalized Development Plan prepared by Greenway Engineering dated September 16, 2005 ( "GDP ") approved as part of the rezoning application. The GDP is intended to delineate the major thoroughfares that will traverse the Property and provide access to the commercial and residential- land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road Extended is intended to be developed unless the Virginia Department of Transportation ( "VDOT ") determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT approval of another intersection design at Warrior Drive and Airport Road Extended will not necessitate approval of a new GDP by the Board of Supervisors. The GDP identifies the 96.28± -acre Business General (132) District land bay and the 54.0± -acre Residential Performance (RP) District land bay. IL Transportation A. Community Development Authority (Agreement to Participate) The Applicant hereby proffers to participate fully in the Community Development Authority ( "CDA ") special taxing district for the propose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate- 81/East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street and associated bicycle lanes within the Property, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. B. Warrior Drive The Applicant hereby proffers to construct the ultimate section of Warrior Drive within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120 -foot wide right -of -way extending from the intersection with East Tevis Street to the southern boundary of the Property, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road Extended shall be in the form of File #3701 /EA W 2 Greenway Engineering 0 October 22, 2004 0 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 a roundabout, unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. C. Airport Road Extended The Applicant hereby proffers to construct the ultimate section of Airport Road Extended within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate right -of -way as required by VDOT, extending from the eastern boundary of the Property to the intersection with Warrior Drive, in an alignment consistent with the GDP and the VDOT approved Public improvement Plan. The Applicant shall install full intersection improvements at the Front Royal Pike (Route 522) and Airport Road Extended intersection as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. D. Interstate 81 /East Tevis Street Flyover Bridge The Applicant hereby proffers to construct a four -lane flyover bridge crossing of Interstate 81 to allow for the East Tevis Street connection between Frederick County and the City of Winchester. The construction of the four -lane flyover bridge and associated sidewalks will be in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. E. East Tevis Street Within Property The Applicant hereby proffers to construct the ultimate section of East Tevis Street within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120 -foot wide right -of -way extending from the western boundary of the Property to the northern boundary of the Property in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. If for any File #3701 /EAw 3 Greenway Engineering 0 October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. F. Contribution to Frederick County General Transportation Fund The Applicant hereby proffers to provide a monetary contribution unconditionally to the Frederick County General Transportation Fund in the amount of $1,000,000.00. This monetary contribution shall be paid to Frederick County at the time of building permit issuance for the residential portion of the Property. The Applicant shall provide a per unit monetary contribution of $3,500.00 to fund the $1,000,000.00 commitment, or such additional amounts based upon the total number of approved residential units which will equal $1,000,000.00. G. Tax Map Parcel 64- ((A))- 18Inter-Parcel Connection The Applicant hereby proffers to provide for an inter - parcel public street connection between the residential portion of the Property and Tax Map Parcel 64- ((A)) -18. If an inter - parcel connection cannot be constructed to connect with another public street on Tax Map Parcel 64- ((A)) -18 at the time of development of the final residential phase within the Property, the Applicant will dedicate a 50 -foot right -of -way between the public street serving the residential portion of the Property and Tax Map Parcel 64- ((A))- 18, and will construct the public street serving the residential portion of the Property to connect to Front Royal Pike (Route 522). H. Bicycle Lanes The Applicant hereby proffers to construct bicycle lanes along Warrior Drive, Airport Road Extended, and East Tevis Street within the Property as depicted on the GDP. These bicycle lanes will be designed as 10 -foot wide asphalt lanes separate from the vehicular travel lanes and included as part of the VDOT approved Public Improvement Plan for each of the roads described above. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. File #3701 /EAW 4 Greenway Engineering 0 October 22, 2004 1 * Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16,2005; Revised September 16, 2005 III. Residential A. Residential Use Restriction The Applicant hereby proffers to prohibit the following housing types within the Property: Single- family detached rural traditional 2. Single- family detached traditional I Garden apartments B. Phasing The Applicant hereby proffers that residential development shall be phased to limit the number of residential dwelling unit building permits to fifty (50) per calendar year beginning in the calendar year in which the Master Development Plan is approved. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80 %) of the exterior wall surface, exclusive of glazing and roofing. D. Monetary Contribution to Establish Homeowners' Association Fund The Applicant hereby proffers to establish a start -up fund for the residential development within the Property that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot, of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Homeowners' Association ( "HOA ") fund. Language will be incorporated into the Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the HOA. The start -up funds for the HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and /or legal fees. File 43701 /EAW 5 Greenway Engineering 9 October 22, 2004 9 Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above- described property hereby voluntarily proffer that in the event rezoning application # 01 -05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The Applicant hereby proffers to contribute $3,000.00 per residential unit to be directed to Frederick County Public Schools. This monetary contribution shall be paid at the time of building permit issuance of each residential dwelling unit on the Property. B. Fire and Rescue Services The Applicant hereby proffers to contribute $10,000.00 for fire and rescue services to be directed to the local fire and rescue company providing first response service to the Property. This monetary contribution shall be paid at the time of issuance of the first building permit on the Property. V. Stormwater Qualitv Measures The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and/or Best Management Practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial and residential site plan identifying the party or parties responsible for maintaining these LID and/or BMP facilities as a condition of site plan approval. The Applicant hereby proffers to establish a no disturbance easement within the Buffalo Lick Run stream valley that is depicted on the GDP. The purpose of this no disturbance easement is to prohibit development activities within the commercial and residential land bays that are located within the defined area. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing for the continuation of Warrior Drive. File #37011EAw 6 Greenway Engineering 0 October 22, 2004 0 Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 V1. .Signature Russell 150 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully S M Commonwealth of Virginia, City /County of � U ( V.Q Y 1 C k To Wit: q-a 1.05 Date The foregoing instrument was acknowledged before me this e:Q I day of \\T f�r 20 05 by My Commission Expires 9 - 3U - u 0 File #3701 /EAW Z File #3701 /EAW Greenway Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 RUSSELL 150, LC - PROFFER STATEMENT REZONING: RZ# 01 -05 Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28 -acres + / -; Tax Parcels #64- ((A)) -10 & 64- ((A)) -12 RECORD OWNER: Russell 150, LC APPLICANT: . Russell 150, LC (here -in after the "Applicant ") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters October 22, 2004 September 16, 2005 Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01 -05 for the rezoning of 150.28± -acres from the Rural Areas (RA) District to 96.28± -acres of Business General (B2) District and 54.0± -acres Residential Performance (RP) District, development of the subject property ( "Property ") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Applicant and any legal successors, heirs, or assigns. The Property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64- ((A)) -10 and 64- ((A)) -12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File #3701/EAW Greenway Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 I. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformance with a Generalized Development Plan prepared by Greenway Engineering dated September 16, 2005 ( "GDP ") approved as part of the rezoning application. The GDP is intended to delineate the major thoroughfares that will traverse the Property and provide access to the commercial and residential land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road Extended is intended to be developed unless the Virginia Department of Transportation ( "VDOT ") determines that another intersection design is .warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT approval of another intersection design at Warrior Drive and Airport Road Extended will not necessitate approval of a new GDP by the Board of Supervisors. The GDP identifies the 96.28± -acre Business General (132) District land bay and the 54.0± -acre Residential Performance (RP) District land bay. H. Transportation A. Community Development Authority (Agreement to Participate) The Applicant hereby proffers to participate fully in the Community Development Authority ( "CDA ") special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate- 81/East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street and associated bicycle lanes within the Property, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. B. Warrior Drive The Applicant hereby proffers to construct the ultimate section of Warrior Drive within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120 -foot wide right -of -way extending from the intersection with East Tevis Street to the southern boundary of the Property, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road Extended shall be in the form of File #3701 /EA W 2 Greenway Engineering 0 October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 a roundabout, unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. C. Airport Road Extended The Applicant hereby proffers to construct the ultimate section of Airport Road Extended within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate right -of -way as required by VDOT, extending from the eastern boundary of the Property to the intersection with Warrior Drive, in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. The Applicant shall install full intersection improvements at the Front Royal Pike (Route 522) and Airport Road Extended intersection as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. D. Interstate 81/East Tevis Street Flyover Bridge The Applicant hereby proffers to construct a four -lane flyover bridge crossing of Interstate 81 to allow for the East Tevis Street connection between Frederick County and the City of Winchester. The construction of the four -lane flyover bridge and associated sidewalks will be in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. E. East Tevis Street Within Property The Applicant hereby proffers to construct the ultimate section of East Tevis Street within the Property in conformance with the Public Improvement Plan that will be approved by VDOT prior to any development activity on the Property. The Applicant shall dedicate a minimum 120 -foot wide right -of -way extending from the western boundary of the Property to the northern boundary of the Property in an alignment consistent with the GDP and the VDOT approved Public Improvement Plan. If for any File #3701 /EA W 3 Greenway Engineering . October 22, 2D04 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. F. Contribution to Frederick County General Transportation Fund The Applicant hereby proffers to provide a monetary contribution unconditionally to the Frederick County General Transportation Fund in the amount of $1,000,000.00. This monetary contribution shall be paid to Frederick County at the time of building permit issuance for the residential portion of the Property. The Applicant shall provide a per unit monetary contribution of $3,500.00 to fund the $1,000,000.00 commitment, or such additional amounts based upon the total number of approved residential units which will equal $1,000,000.00. G. Tax Map Parcel 64- ((A)) -18 Inter - Parcel Connection The Applicant hereby proffers to provide for an inter - parcel public street connection between the residential portion of the Property and Tax Map Parcel 64- ((A)) -18. If an inter - parcel connection cannot be constructed to connect with another public street on Tax Map Parcel 64- ((A)) -18 at the time of development of the final residential phase within the Property, the Applicant will dedicate a 50 -foot right -of -way between the public street serving the residential portion of the Property and Tax Map Parcel 64- ((A))- 18, and will construct the public street serving the residential portion of the Property to connect to Front Royal Pike (Route 522). H. Bicycle Lanes The Applicant hereby proffers to construct bicycle lanes along Warrior Drive, Airport Road Extended, and East Tevis Street within the Property as depicted on the GDP. These bicycle lanes will be designed as 10 -foot wide asphalt lanes separate from the vehicular travel lanes and included as part of the VDOT approved Public Improvement Plan for each of the roads described above. If for any reason the described improvements within this section are unable to be completed through the CDA funding source, the Applicant agrees to fund and complete said improvements concurrent with the first phase of improvements by the Applicant. File #3701 /EAW 4 Greenwa En sneering i Y g III. Residential • October 22, 2004 • Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 A. Residential Use Restriction Russell 150 Rezoning The Applicant hereby proffers to prohibit the following housing types within the Property: 1. Single - family detached rural traditional 2. Single - family detached traditional 3. Garden apartments B. Phasing IW C The Applicant hereby proffers that residential development phased to limit the number of residential dwelling unit building permits t per calendar year beginning in the calendar year in which the Master Development an is approved. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80 %) of the exterior wall surface, exclusive of glazing and roofing. D. Monetary Contribution to Establish Homeowners' Association Fund The Applicant hereby proffers to establish a start -up fund for the residential development within the Property that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 for each platted lot, of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the Homeowners' Association ( "HOA ") fund. Language will be incorporated into the Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the HOA. The start-up funds for the HOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. File #3701 /EAW 5 Oreenway Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February l7, 2005 Revised March 16, 2005; Revised September 16, 2005 IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above - described property hereby voluntarily proffer that in the event rezoning application # 01 -05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The Applicant hereby proffers to contribute $3,000.00 per residential unit to be directed to Frederick County Public Schools. This monetary contribution shall be paid at the time of building permit issuance of each residential dwelling unit on the Property. B. Fire and Rescue Services The Applicant hereby proffers to contribute $10,000.00 for fire and rescue services to be directed to the local fire and rescue company providing first response service to the Property. This monetary contribution shall be paid at the time of issuance of the first building permit on the Property. V. Stormwater Quality Measures The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and/or Best Management Practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial and residential site plan identifying the party or parties responsible for maintaining these LID and/or BMP facilities as a condition of site plan approval. The Applicant hereby proffers to establish a no disturbance easement within the Buffalo Lick Run stream valley that is depicted on the GDP. The purpose of this no disturbance easement is to prohibit development activities within the commercial and residential land bays that are located within the defined area. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing for the continuation of Warrior Drive. File #3701 /EAW 6 Greenway Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004; Revised February 17, 2005 Revised March 16, 2005; Revised September 16, 2005 VI. Sienature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully r Commonwealth of Virginia, City /County of j f_.0 (II, V 1 C_ K, To Wit: q-j -6).5 Date The foregoing instrument was acknowledged before me this J I day of fQ_f 20 by My Commission Expires <r , - t11 File #3701 /EAW 7 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27. 2004 Revised February 17, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28 -acres + / -; Tax Parcels #64- ((A)) -10 & 64- ((A)) -12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after "the applicant') PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: October 22, 2004 REVISION DATE: February 17, 2005 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 150.28 -acres from the Rural Areas (RA) District to 96.28 -acres of Business General (132) District and 54.0 -acres Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicants and their legal successors, heirs, or assigns. The subject property, identified as Russell t50, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64- ((A)) -10 and 64- ((A))- 12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. / File #3701 /EAW /ajc Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 I. Generalized Development Plan The applicant hereby proffers to develop the 150.28 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the systems of major thoroughfares that will traverse the subject property and provide access to the land bays. The Generalized Development Plan identifies the 96.28 -acres Business General (B2) District land bay and the 54.0 -acres Residential Performance (RP) District land bay. II. Transportation A. Community Development Authority (Agreement to Participate) The applicant hereby proffers to participate fully in the Russell 150 Community Development Authority (CDA) special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate - 81 /East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the project, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. B. Warrior Drive The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Warrior Drive within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicants shall dedicate right -of -way of a minimum 120 feet in width, and extending from the intersection with East Tevis Street to the southern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road extended shall be in the form of a roundabout. Accommodations for a bicycle route shall be included in the construction of this roadway. File #3701 /EAW /aje 2 Greenway Engineering • October 22, 2004 i t Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 C. Airport Road Extended The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Airport Road extended within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicant shall dedicate right -of -way as required by VDOT, extending from the eastern boundary of the subject property to the intersection with Warrior Drive, in an alignment depicted in the Generalized Development Plan. The applicant shall install full intersection improvements on Front Royal Pike (Route 522) at the entrance to Russell 150 as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout. D. East Tevis Street Fly The Frederick County Board of Supervisors has approved a Community Development Authority special taxing district established for the purpose of funding construction of regional infrastructure improvements in the vicinity of the subject property. This special taxing district will fund the construction of the Interstate -81 flyover for the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County, City of Winchester, and Virginia Department of Transportation planning documents). The applicant hereby proffers to fully participate in this special taxing district. Although the special taxing district is seen as the principle means to fund construction of the Interstate -81 /East Tevis Street flyover, it is noted the special taxing district will also contribute to the funding of other infrastructure improvements both within and off -site of the subject property. E. East Tevis Street within Property The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents). To wit, the applicants shall dedicate right -of -way of a minimum 120 feet in width, and extending from the western boundary of the subject property to the northern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. F. East Tevis Street from Property to Route 522 The applicant hereby proffers to provide the engineering services to design the off -site portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents) from the northern boundary of the subject property to the current alignment of Front Royal Pike (Route 522). File #3701 /EAw /aje 3 , Greenway Engineering . October 22, 2004 . Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 G. Inter - parcel Connection The applicant hereby proffers to provide an inter - parcel public street connection between the residential portion of the subject property and the parcel to the south, identified as Tax Map 64- ((A)) -18, now or formerly in the name of Kokorsky. If, at the time of development of the final residential phase, this inter - parcel connection cannot be continued southward to intersect with another public street, and an alternative connection is required by Frederick County or VDOT, a temporary ingress /egress point will be created at Front Royal Pike (Route 522). If such temporary ingress /egress must be established, it is to be closed once the inter - parcel connection can be utilized. H. Bicycle Route The applicant hereby proffers to develop a network of bicycle routes that will parallel the major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street within the subject property. This proffer will provide the applicable portion of the planned bicycle route identified within Frederick County Comprehensive Policy Plan, as well as connect this system with the City of Winchester. To wit, the applicants shall establish either bicycle lanes adjoining the motor vehicle travel lanes or separate easements with asphalt trails outside the pavement section, either inside or outside the VDOT right -of -way. The applicants shall locate these facilities pursuant the direction of Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in width and asphalt lanes /trails up to ten feet in width. The applicants shall install appropriate barriers and signage at all public road and public sidewalk interfaces. III. Residential A. Residential Use Restriction The applicant hereby proffers to develop the 54 -acres Residential Performance (RP) District land bay utilizing one or more permitted forms of residential development, however the applicant hereby proffers to prohibit use of the following forms of subdivision or housing: Single- family detached rural traditional subdivision option 2. Single - family detached traditional subdivision option 3. Garden apartment multi - family housing option Pile 43701 /EA W /ajc 4 Greenway Engineering 0 October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 B. Phasing The applicant hereby proffers that residential development shall be phased such that building permits shall not be issued for more than seventy -five (75) dwelling units per calendar year. For the purposes of this provision, the first calendar year shall be considered the first full calendar year following approval of the Master Development Plan. All units not developed within the specified calendar year shall be carried forward to the ensuing calendar years. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80 %) of the exterior wall surface, exclusive of glazing and roofing. IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above - described property hereby voluntarily proffer that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The applicant hereby proffers to contribute $3,000 (three thousand dollars) per residential unit for the public school system. This contribution shall be paid concurrent with the issuance of each building permit for the construction of residential units on the subject property. B. Fire and Rescue Services The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and rescue services. This contribution shall be paid concurrent with issuance of the first building permit for construction on the subject property. File 43701 /EAW /ajc 5 Greenway Engineering 0 V. Si¢ nature October 22, 2004 Revised October 27, 2004 Revised February 17, 2005 Russell 150 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: q Dat flS Denver E. uinnell , M eager R ussell 150, LC Commonwealth of Virginia, City /Countyof �/Lcdef (( -L To Wit: The foregoing instrument was acknowledged before me this IT day of Fe brb ck 2 20T by Ocn Ver E• (,)vin Notary Public My Commission Expires �C:� bell .31 s �2eW5 File N3701/EAW /ajc - 6 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ# 0 1 -05 Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28 -acres + / -; Tax Parcels #64- ((A)) -10 & 64- ((A)) -12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after "the applicant') PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: REVISION DATE Preliminary Matters October 22, 2004 February 17, 2005 Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01 -05 for the rezoning of 150.28 -acres from the Rural Areas (RA) District to 96.28 -acres of Business General (132) District and 54.0 -acres Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicants and their legal successors, heirs, or assigns. The subject property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64- ((A)) -10 and 64- ((A))- 12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File #3701 /EAW Greenway Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 I. Generalized Development Plan The applicant hereby proffers to develop the 150.28 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the systems of major thoroughfares that will traverse the subject property and provide access to the land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road extended is intended to be developed unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT approval of another ultimate intersection design at Warrior Drive and Airport Road extended will not necessitate approval of a new Generalized Development Plan by the Board of Supervisors. The Generalized Development Plan identifies the 96.28 -acres Business General (B2) District land bay and the 54.0 -acres Residential Performance (RP) District land bay. IL Transportation A. Community Development Authority (Agreement to Participate) The applicant hereby proffers to participate fully in the Russell 150 Community Development Authority (CDA) special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate - 81 /East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the project, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. B. Warrior Drive The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Warrior Drive within Frederick County and Virginia Department of Transportation (VDOT) planning documents. To wit, the applicants shall dedicate right - of -way of a minimum 120 feet in width, and extending from the intersection with East Tevis Street to the southern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road extended shall be in the form of a roundabout, unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. Accommodations for a bicycle route shall be included in the construction of this roadway. File 43701 /LAW 2 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 C. Airport Road Extended The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Airport Road extended within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicant shall dedicate right- of-way as required by VDOT, extending from the eastern boundary of the subject property to the intersection with Warrior Drive, in an alignment depicted in the Generalized Development Plan. The applicant shall install full intersection improvements on Front Royal Pike (Route 522) at the entrance to Russell 150 as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. D. East Tevis Street Flvover The Frederick County Board of Supervisors has approved a Community Development Authority special taxing district established for the purpose of funding construction of regional infrastructure improvements in the vicinity of the subject property. This special taxing district will fund the construction of the Interstate -81 flyover for the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County, City of Winchester, and Virginia Department of Transportation planning documents). The applicant hereby proffers to fully participate in this special taxing district. Although the special taxing district is seen as the principle means to fund construction of the Interstate -8] /East Tevis Street flyover, it is noted the special taxing district will also contribute to the funding of other infrastructure improvements both within and off -site of the subject property. E. East Tevis Street within Propert y The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents). To wit, the applicants shall dedicate right -of -way of a minimum 120 feet in width, and extending from the western boundary of the subject property to the northern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. F. East Tevis Street from Property to Route 522 The applicant hereby proffers to provide the engineering services to design the off -site portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents) from the northern boundary of the subject property to the current alignment of Front Royal Pike (Route 522). File 93701 /EAW 3 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 G. Inter- parcel Connection The applicant hereby proffers to provide an inter - parcel public street connection between the residential portion of the subject property and the parcel to the south, identified as Tax Map 64- ((A)) -18, now or formerly in the name of Kokorsky. If, at the time of development of the final residential phase, this inter - parcel connection cannot be continued southward to intersect with another public street, and an alternative connection is required by Frederick County or VDOT, a temporary ingress /egress point will be created at Front Royal Pike (Route 522). If such temporary ingress /egress must be established, it is to be closed once the inter - parcel connection can be utilized. H. Bicycle Route The applicant hereby proffers to develop a network of bicycle routes that will parallel the major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street within the subject property. This proffer will provide the applicable portion of the planned bicycle route identified within Frederick County Comprehensive Policy Plan. To wit, the applicants shall establish either bicycle lanes adjoining the motor vehicle travel lanes or separate easements with asphalt trails outside the pavement section, either inside or outside the VDOT right -of -way. The applicants shall locate these facilities pursuant the direction of Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in width and asphalt lanes /trails up to ten feet in width. The applicants shall install appropriate barriers and signage at all public road and public sidewalk interfaces. III. Residential A. Residential Use Restriction The applicant hereby proffers to develop the 54 -acres Residential Performance (RP) District land bay utilizing one or more permitted forms of residential development, however the applicant hereby proffers to prohibit use of the following forms of subdivision or housing: Single - family detached rural traditional subdivision option 2. Single - family detached traditional subdivision option 3. Garden apartment multi - family housing option File #3701 /EAW 4 Greemvay Engineering • B. Phasing October 22, 2004 Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 0 Russell 150 Rezoning The applicant hereby proffers that residential development shall be phased such that building permits shall not be issued for more than seventy -five (75) dwelling units per calendar year. For the purposes of this provision, the first calendar year shall be considered the first full calendar year following approval of the Master Development Plan. All units not developed within the specified calendar year shall be carried forward to the ensuing calendar years. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80 %) of the exterior wall surface, exclusive of glazing and roofing. IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above - described property hereby voluntarily proffer that in the event rezoning application # 01 -05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The applicant hereby proffers to contribute $3,000 (three thousand dollars) per residential unit for the public school system. This contribution shall be paid concurrent with the issuance of each building permit for the construction of residential units on the subject property. B. Fire and Rescue Services The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and rescue services. This contribution shall be paid concurrent with issuance of the first building permit for construction on the subject property. File #3707 1EAW 5 Greemvay Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 V. Stormwater Quality Measures The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and /or Best Management Practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial and residential site plan identifying the party or parties responsible for maintaining these LID and /or BMP facilities as a condition of site plan approval. VI. Si2nature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Denver E. Quinnelly, Manager Date Russell 150, LC Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File k37011E.4 W 6 a T.M. 64 -A -9A FRED L. GLAIZE, JR. / T.M. 648- -A -73 RESIDUAL TRUST & 1/4' IPF CALVARY CHURCH CAMPFIELD, LLC �� OF THE BRETHREN INSTR. /040022471 �� !�� DB. 328 PG. 681 N o� W C,4 r F' FENCE POST T.M. 64 -A -11 IRF T.M. 64 -A -10A ARTHUR A. BELT & S 112' IPF JUANITA S BELT CALVARY CHURCH OF . . THE BRETHREN Q) DB 720 PG 255 2 DB. 485 PG. 464 0 k• IRF e� T.M. 64B -4 -E HEPNER, JR. & A IPF �h (PINCHED) AMC[ 1- �. LOUISE R. HEPNER IPF DB, 319 PG. 15 �o � S q� FUNKHOUSER ` 69 � � ADDITION �VDH MON �!�' 1' IRF W VV (� L 1 / ROYAL AVE A (ROUTE 777)IRF Q L9 T.M. 63 -A -150 1 IPF L17 J QC 8 ZONE PT �H ^ry MON PT 9 U Ni IRF W 0 /CAP k o 5/8' IRF Z % O = FENCE POST ` .$ PT AT 3.68' i 3 >> V ' IRF W /GIP IRF W /CAP Iry d h ti PT L3 !B . P� o� y PT !' L5 PT L6 PT RP ZONE 54.0 t/- ACRES T.M. 63- A -123A EFG INVESTMENTS, LLC %, DB 968 PG 354 500 0 500 T.M. 64 -A -18 MANFRED G. KOKORSKY T.M. 64 -A -14 DB 468 PG 350 MICHAEL S. & GRAPHIC SCALE CHERYL SHEPARD (IN FEET) INSTR. 1030000500 EXHIBIT SHOWING ZONING DISTRICT LINE BETWEEN RP ZONE AND B2 ZONE ON THE LAND OF RUSSELL 150, LC SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1"=300' DATE: SEPTEMBER 16, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662 -4185 FAX.- (540) 722 -9528 Founded in 1971 www.greenwayeng.com 3701 SHEET 1 OF 2 LINE DATA L1 S 01'4621 W 154.61 L2 S 89'40 20 W 26.96 L3 S 29'13 W 64.04' L4 S 01'4741 W 111.92 L5 S 555J57* W 51.18 L6 S 14'08'24' W 59.50' L7 N 69'51 16 W 375.10 L8 N 71*0556 W 333.41 L9 N 5654'19 E 145.10' L10 N 03'14 46 W 197.69 L11 S 51'5135 f 600.62 L12 S 47'4922' E 272.65' L 13 S 3178'35 W 497.94 L14 N 58'15'41 W 107.60 L15 2 31'06'34 W 199.81' L 16 S 02'01 18 W 33270 L17 S 875344 E 4 70. 95 CURVE DATA CURVE RADIUS I ARC I CHORD I BEARING DELTA Cl 5674.58 74.64' 174.63' S 073921' W 01'4548 C2 6161.16 77.01' # 44 276.99 S 05 W 02'34 34 C3 3169.8 17.88 417.58 S 03'29 56 W I 073311 NOTES 1. THE BOUNDARY INFORMA77ON SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM, COMPLETED ON MAY 18, 2005. 2. NO 77TLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. LEG ND: 1RF = 112' IRON REBAR FOUND 1PF = IRON PIPE FOUND VDH MON = CONCRETE VDH MONUMENT FOUND PT = POINT (UNMONUMENTED) EXHIBIT SHOWING ZONING DISTRICT LINE BETWEEN RP ZONE AND B2 ZONE ON THE LAND OF RUSSELL, 150, L C SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: SEPTEMBER 16, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662 -4185 FAX.- (540) 722 -9528 Founded in 1971 www.greenwayeng.com 1 ,3701 SHEET 2 OF 2 Greenway Engineering 0 October 22, 2004 Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 9 Russell 150 Rezoning PROPOSED PROFFER STATEMENT REZONING: RZ# 01 -05 Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28 -acres + / -; Tax Parcels #64- ((A)) -10 & 64-((A)) -l2 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after "the applicant') PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: October 22, 2004 REVISION DATE: February 17, 2005 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01 -05 for the rezoning of 150.28 -acres from the Rural Areas (RA) District to 96.28 -acres of Business General (132) District and 54.0 -acres Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicants and their legal successors, heirs, or assigns. The subject property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64- ((A)) -10 and 64- ((A))- 12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File 43701 /EAW Greenway Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 I. Generalized Development Plan The applicant hereby proffers to develop the 150.28 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the systems of major thoroughfares that will traverse the subject property and provide access to the land bays. The roundabout design identified at the intersection of Warrior Drive and Airport Road extended is intended to be developed unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. VDOT approval of another ultimate intersection design at Warrior Drive and Airport Road extended will not necessitate approval of a new Generalized Development Plan by the Board of Supervisors. The Generalized Development Plan identifies the 96.28 -acres Business General (132) District land bay and the 54.0 -acres Residential Performance (RP) District land bay. II. Transportation A. Community Development Authority (Agreement to Partici ate The applicant hereby proffers to participate fully in the Russell 150 Community Development Authority (CDA) special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate - 81 /East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the project, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. B. Warrior Drive The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Warrior Drive within Frederick County and Virginia Department of Transportation (VDOT) planning documents. To wit, the applicants shall dedicate right - of -way of a minimum 120 feet in width, and extending from the intersection with East Tevis Street to the southern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road extended shall be in the form of a roundabout, unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportatio irriprovement. Accommodations for a bicycle route shall be included in the construction o kthis roadway. File 83701 /EAW 2 Grecmvay Engineering • October 22, 2004 • Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 C. Airport Road Extended The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Airport Road extended within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicant shall dedicate right -of -way as required by VDOT, extending from the eastern boundary of the subject property to the intersection with Warrior Drive, in an alignment depicted in the Generalized Development Plan. The applicant shall install full intersection improvements on Front Royal Pike (Route 522) at the entrance to Russell 150 as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout unless VDOT determines that another ultimate intersection design is warranted during the review and approval of the Public Improvement Plan for this transportation improvement. D. East Tevis Street Flvover The Frederick County Board of Supervisors has approved a Community Development Authority special taxing district established for the purpose of funding construction of regional infrastructure improvements in the vicinity of the subject property. This special taxing district will fund the construction of the Interstate -81 flyover for the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County, City of Winchester, and Virginia Department of Transportation planning documents). The applicant hereby proffers to fully participate in this special taxing district. Although the special taxing district is seen as the principle means to fund construction of the Interstate -81 /East Tevis Street flyover, it is noted the special taxing district will also contribute to the funding of other infrastructure improvements both within and off -site of the subject property. E. East Tevis Street within Property The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents). To wit, the applicants shall dedicate right -of -way of a minimum 120 feet in width, and extending from the western boundary of the subject property to the northern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. F. East Tevis Street from Property to Route 522 The applicant hereby proffers to provide the engineering services to design the off -site portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation plamring documents) from the northern boundary of the subject.property to the current alignment of Front Royal Pike (Route 522). M C - H9A File #3701 /EAW 3 Greenway Engineering is October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 G. Inter - parcel Connection The applicant hereby proffers to provide an inter- parcel public street connection between the residential portion of the subject property and the parcel to the south, identified as Tax Map 64- ((A)) -18, now or formerly in the name of Kokorsky. If, at the time of development of the final residential phase, this inter - parcel connection cannot be continued southward to intersect with another public street, and an alternative connection is required by Frederick County or VDOT, a temporary ingress /egress point will be created at Front Royal Pike (Route 522). If such temporary ingress /egress must be established, it is to be closed once the inter - parcel connection can be utilized. H. Bicycle Route The applicant hereby proffers to develop a network of bicycle routes that will parallel the major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street within the subject property. This proffer will provide the applicable portion of the planned bicycle route identified within Frederick County Comprehensive Policy Plan. To wit, the applicants shall establish either bicycle lanes adjoining the motor vehicle travel lanes or separate easements with asphalt trails outside the pavement section, either inside or outside the VDOT right -of -way. The applicants shall locate these facilities pursuant the direction of Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in width and asphalt lanes /trails up to ten feet in width. The applicants shall install appropriate barriers and signage at all public road and public sidewalk interfaces. III. Residential A. Residential Use Restriction The applicant hereby proffers to develop the 54 -acres Residential Performance (RP) District land bay utilizing one or more permitted forms of residential development, however the applicant hereby proffers to prohibit use of the following forms of subdivision or housing: Single- family detached rural traditional subdivision option 2. Single - family detached traditional subdivision option 3. Garden apartment multi - family housing option File #3701 /EAW 4 Greemvay Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 B. Phasing The applicant hereby proffers that residential development shall be phased such that building permits shall not be issued for more than seventy -five (75) dwelling units per calendar year. For the purposes of this provision, the first calendar year shall be considered the first full calendar year following approval of the Master Development Plan. All units not developed within the specified calendar year shall be carried forward to the ensuing calendar years. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80 %) of the exterior wall surface, exclusive of glazing and roofing. IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above- described property hereby voluntarily proffer that in the event rezoning application # 0 1 -05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The applicant hereby proffers to contribute $3,000 (three thousand dollars) per residential unit for the public school system. This contribution shall be paid concurrent with the issuance of each building permit for the construction of residential units on the subject property. B. Fire and Rescue Services The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and rescue services. This contribution shall be paid concurrent with issuance of the first building permit for construction on the subject property. Z� 2 ° H9A File 43701/EAW 5 Greenway Engineering October 22, 2004 Revised October 27, 2004 Revised February 17, 2005 Revised March 16, 2005 V. Stormwater Quality Measures Russell 150 Rezoning The applicant hereby proffers that all commercial and residential site plans submitted to Frederick County will be designed to implement Low Impact Development (LID) and /or Best Management Practices (BMP) to promote stormwater quality measures. A statement will be provided on each commercial and residential site plan identifying the party or parties responsible for maintaining these LID and /or BMP facilities as a condition of site plan approval. VI. Si ng ature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Commonwealth of Virginia, City /County of �/� To Wit: U -5 -os Date The foregoing instrument was acknowledged before me this 56h day of d " 200 by - Dentin - F-. , O le t))1 -/I)1 - n63C. _2 Notary Pftblic— My Commission Expires File #3701 /EAW 6 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) to Business General (132) and Residential Performance (RP) PROPERTY: 150.28 -acres + / -; Tax Parcels #64- ((A)) -10 & 64- ((A)) -12 RECORD OWNER: Russell 150, LC APPLICANT: Russell 150, LC (here -in after "the applicant ") PROJECT NAME: Russell 150 ORIGINAL DATE OF PROFFERS: October 22, 2004 REVISION DATE: February l7, 2005 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 150.28 -acres from the Rural Areas (RA) District to 96.28 -acres of Business General (132) District and 54.0 -acres Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicants and their legal successors, heirs, or assigns. The subject property, identified as Russell 150, and more particularly described as the lands owned by Russell 150, LC, being all of Tax Map Parcels 64- ((A)) -10 and 64- ((A))- 12 and further as shown on a plat entitled Survey of the Remaining Lands of June H. Russell, by Ebert and Associates dated February 13, 1998. File #3701 /17AW /ajc Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 I. Generalized Development Plan The applicant hereby proffers to develop the 150.28 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the systems of major thoroughfares that will traverse the subject property and provide access to the land bays. The Generalized Development Plan identifies the 96.28 -acres Business General (B2) District land bay and the 54.0 -acres Residential Performance (RP) District land bay. It. Transportation A. Community Development Authority (Agreement to Participate) The applicant hereby proffers to participate fully in the Russell 150 Community Development Authority (CDA) special taxing district for the purpose of financing the construction of specified public infrastructure, briefly described as (1) the Interstate - 81 /East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the project, and (3) certain water and sewer capital facilities associated with these thoroughfares. The utilization of the CDA provides funding for the simultaneous development of all covered public infrastructure, thus enabling the construction of all of these facilities in a single unified project concurrent with the first phase of private improvements. B. Warrior Drive The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Warrior Drive within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicants shall dedicate right -of -way of a minimum 120 feet in width, and extending from the intersection with East Tevis Street to the southern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street shall be configured so as to maintain East Tevis Street as the through movement. The intersection with Airport Road extended shall be in the form of a roundabout. Accommodations for a bicycle route shall be included in the construction of this roadway. File #3701 /EA W /aje 2 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 C. Airport Road Extended The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as Airport Road extended within Frederick County and Virginia Department of Transportation planning documents. To wit, the applicant shall dedicate right -of -way as required by VDOT, extending from the eastern boundary of the subject property to the intersection with Warrior Drive, in an alignment depicted in the Generalized Development Plan. The applicant shall install full intersection improvements on Front Royal Pike (Route 522) at the entrance to Russell 150 as warranted by VDOT. The intersection with Warrior Drive shall be in the form of a roundabout. D. East Tevis Street Fly The Frederick County Board of Supervisors has approved a Community Development Authority special taxing district established for the purpose of funding construction of regional infrastructure improvements in the vicinity of the subject property. This special taxing district will fund the construction of the Interstate -81 flyover for the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County, City of Winchester, and Virginia Department of Transportation planning documents). The applicant hereby proffers to fully participate in this special taxing district. Although the special taxing district is seen as the principle means to fund construction of the Interstate -81 /East Tevis Street flyover, it is noted the special taxing district will also contribute to the funding of other infrastructure improvements both within and off -site of the subject property. E. East Tevis Street within Property The applicant hereby proffers to develop the ultimate section of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents). To wit, the applicants shall dedicate right -of -way of a minimum 120 feet in width, and extending from the western boundary of the subject property to the northern boundary of the subject property, in an alignment depicted in the Generalized Development Plan. F. East Tevis Street from Property to Route 522 The applicant hereby proffers to provide the engineering services to design the off -site portion of the planned thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road connector within Frederick County and Virginia Department of Transportation planning documents) from the northern boundary of the subject property to the current alignment of Front Royal Pike (Route 522). Fi Ic #3701 /EA W /aje 3 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27, 2004 Revised February 17, 2005 G. Inter- parcel Connection The applicant hereby proffers to provide an inter - parcel public street connection between the residential portion of the subject property and the parcel to the south, identified as Tax Map 64- ((A)) -18, now or formerly in the name of Kokorsky. If, at the time of development of the final residential phase, this inter - parcel connection cannot be continued southward to intersect with another public street, and an alternative connection is required by Frederick County or VDOT, a temporary ingress /egress point will be created at Front Royal Pike (Route 522). If such temporary ingress /egress must be established, it is to be closed once the inter- parcel connection can be utilized. H. Bicycle Route The applicant hereby proffers to develop a network of bicycle routes that will parallel the major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street within the subject property. This proffer will provide the applicable portion of the planned bicycle route identified within Frederick County Comprehensive Policy Plan, as well as connect this system with the City of Winchester. To wit, the applicants shall establish either bicycle lanes adjoining the motor vehicle travel lanes or separate easements with asphalt trails outside the pavement section, either inside or outside the VDOT right -of -way. The applicants shall locate these facilities pursuant the direction of Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in width and asphalt lanes /trails up to ten feet in width. The applicants shall install appropriate barriers and signage at all public road and public sidewalk interfaces. Ill. Residential A. Residential Use Restriction The applicant hereby proffers to develop the 54 -acres Residential Performance (RP) District land bay utilizing one or more permitted forms of residential development, however the applicant hereby proffers to prohibit use of the following forms of subdivision or housing: I. Single - family detached rural traditional subdivision option 2. Single - family detached traditional subdivision option 3. Garden apartment multi - family housing option File #3701 /EA W /ajc 4 Greenway Engineering 10 B. Phasing October 22, 2004 Revised October 27, 2004 Revised February 17, 2005 Rus's'ell 150 Rezoning The applicant hereby proffers that residential development shall be phased such that building permits shall not be issued for more than seventy -five (75) dwelling units per calendar year. For the purposes of this provision, the first calendar year shall be considered the first full calendar year following approval of the Master Development Plan. All units not developed within the specified calendar year shall be carried forward to the ensuing calendar years. C. Architectural Treatment The applicant hereby proffers that primary structures within the Residential Performance (RP) District land bay shall be constructed with masonry wall treatments (i.e. brick, architectural block, natural or cultured stone, or equivalent) over a minimum of eighty percent (80 %) of the exterior wall surface, exclusive of glazing and roofing. IV. Monetary Contributions to Offset Impact of Development The undersigned owners of the above - described property hereby voluntarily proffer that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia contributions as follows. It is noted that the Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on October 26, 2004 indicates the combined residential and commercial uses proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick County. This monetary contribution exceeds that indicated by the results of the Fiscal Impact Model Output Module. A. Public School System The applicant hereby proffers to contribute $3,000 (three thousand dollars) per residential unit for the public school system. This contribution shall be paid concurrent with the issuance of each building permit for the construction of residential units on the subject property. B. Fire and Rescue Services The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and rescue services. This contribution shall be paid concurrent with issuance of the first building permit for construction on the subject property. File #3701 /YAW /ajc 5 Greenway Engineering October 22, 2004 Russell 150 Rezoning Revised October 27. 2004 Revised February 17, 2005 V. Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: 11 05 Denver E. uinnell , M eager Dat Russell 150, LC Commonwealth of Virginia, City/County of ri�dertGL To Wit: The foregoing instrument was acknowledged before me this of 2005 by Notary Public My Commission Expires kkbe' 31 5' 2a File 93701 /RAW /ajc 6