HomeMy WebLinkAbout02-14 Proffer StatementHERITAGE COMMONS PROFFER STATEMENT
REZONING: RZ# 02 -14
-Rural Areas (RA), Business: General (132), and. Residential
Performance (RP) to'Residential Planned Community District (R4)
PROPERTY:, 1.50.59 acres
Tax Map Parcels #63 -A -1;50, 64 =A -10 and 64 -A -12 (collectively
the "Property ")
RECORD ;OWNER:. R 150 'SPE,' LLC
APPLICANT: Heritage Commons, LLC ( "Applicant")
PROJECT NAME: Heritage. Commons
ORIGINAL DATE'
OF PROFFERS: September 6, 20.13
REVISION DATE(S): August 7, 2014, September l8, '2014, October 9,.2014, October 29,
2014; ' November 24, 2014`, December W, 2014, March 9, 2015
Executive Summary
The Property was originally rezoned in September 2005 under the name of Russell 150.
The Property has since changed ownership and the new owner wishes to rezone the Property to
Residential Planned Community District, (R4). The undersigned and record owner; Heritage
Commons °, LLC'' arid R 1`50. SPE, LLC, their successors and assigns (collectively
"Applicant/Owner "), ihereby proffers that the use and development of the subject property tshall
be in strict ;accordance with the :following conditions and shall supersede and . replace all other
proffers made ;prior hereto. It is further. the statement -and intent that with the acceptance of the
proffers contained_ herein any and. all, prior proffers affecting this Property shall be deemed null,
void, and terminated. In, the event the:above- referenced amendments are, not granted ,as applied
for by. Applicant%Owner, the. 'below described proffers shall be withdrawn and be null. and void.
The headings of the proffers set forth below have been prepared for convenience or reference
only and shall riot control or. affect the meaning or bel, taken as an; interpretation of any provision
of°the.proffers., The improvements proffered herein shall',be provided. at the time of development.
of that portion of the site adjacent to the 'improvement, unless otherwise specified herein or by
applicable ordinance.
References made to the Master Development Plan, hereinafter .referred to as, the;
Generalized Development Plan dated August `7 2014, as. required by the Frederick County
Zoning Ordinance,-are to be interpreted to be 'references to the specific "Generalized Development.
Plan: sheets attached; hereto ;and incorporated herein by reference as, "Exhibit A:"
TheE exact boundary and acreage of each land bay may be shifted - to a. reasonable degree:
at the time of site plan= submission for each land bay in order -to accommodate engineering or
design considerations'.
Applicant/Owner is submitting .a Generalized Development Plan, Exhibit A, as part of a
rezoning application. The Generalized Development Plan is provided in lieu of..a; Master
Development ' Plaan and contains all information-; deemed appropriate by the Frederick County
Planning-Department. . It is intended and understood' that pursuant to Frederick County Code §
165401,03 Frederick; County :shall waive the requirements ,of the Master Development Plan
provided that- the Applicant/Owner files site plans for the portions of the Property to be
developed.
T. DESIGN'MODIFICATION DOCUMENT:
In order for Applicant/Owner and Frederick County to implement. this Residential
,Planned Community District,-it will b.e important .for Applicant /Owner and Frederick County
.Planning Staff to have the opportunity, to anticipate incorporate' and develop ,new design types
and 'configurations,. that may be suitable. Applicant/Owner proffers that all residential units
within the development shall. be imarket rate and "shall not `be'subsidized `by public funds. Market
rate is being proffered' in order to distinguish the multi- family apartment units that are being
proffered in the Heritage Commons community from the existing- multi - family- apartment stock
in Frederick County as of the time 'of-the "filing of this, rezoning :and Proffer Statement: This
market, rate concept is further elaborated upon in the market analysis . submitted
contemporaneously with the Heritage Commons rezoning authored- by S. -Patz & Associates.
Additionally, market rate project is defined as one where there is no income limit for the tenants,
of said' project,- and it, is generally designed to have the. highest rent that a given market can bear.
'Some of the, new design types and configurations shall include the allowance for the installation
of market rate -- multi- family immediately adjacent and in some cases, in the same structure as
business: (commercial) uses. Applicant/Owner has proffered a Design Modification Document
dated July 3.0, . 2014, that is ' attached and incorporated hereto gas "Exhibit B." Pursuant to
Frederick County Code § 165 -501 ".06(0), the design modifications set forth in Exhibit B shall
apply to the Property.
2. USES, DENSITY AND MIX:
A. (1), . Applicant/Owner.shall develop a mix of unit types thavinclude, butare -not
limited to; single4a nily attached and multi- family, shared residential and `commercial uses:, The
fll olwinl lit attached n 2) below contains hose uses which coulde developed. s"wi'thm the'Property unities. The
o g O.
(2) The following list, of Land Bays within the Land Bay Breakdown Table
sets- forth , the, general development parameters on the Property and- is . consistent with the
proffered Generalized Development Plan identified as ,Exhibit A: The development will adhere
to the 1'and bay breakdown depicted in the Generalized Development Plan and the Land Bay
Breakdown Table.
2
w •
LAND
POTENTIAL LAND USE ,
APPROX:
RESIDENTIAL
COMMERCIAL
BAY
ACREAGE
MIN/MAX
MIN /MAX
ACREAGE %
ACREAGE'- %o
l
Uses allowed in 13-1;-B-2;
7.51 acres
0% -MIN. ,AC:
100% o, MIN. AC.
8 -3 Districts and Design
0% MAX. AC
100 % MAX. AC'.
Modification, Document
2
Uses allowed in.. B =1 -; B =2;
8.03 acres
0% MIN.- AC.
100% MIN. AC.
B -.3 Districts and Design
0% ,MAX. AC
1.00% MAX. AC.
Modification Document,
3
Uses allowed in 13-4; '8-2;
9.73 acres
5 %,MIN. AC.
501, MIN. AC.
B -3; RP Districts: and
95% MAX. AC
95% MAX. AC..
•Desgn.Modifcation
Document
4
Uses ,allowed in 13-1; 'B -2 ;;
21,.94 acres
0% MIN., AC.
1.00% MIN. AC.
_13-3 Districts °and Design
0% MAX. AC
100% MAX. AC.
Modification Document
5
Uses allowed in 134! 13-2
29.91 acres
806/o MIN.' AC.
10% MIN. AC.
1373; RP Districts afid
90 % MAX. AC
20 % MAX. AC.
Design Modification
Document
6`
Uses allowed in B -1, .B' -2';'
6.83 acres,
0% MIV N. AC.
100 % MIN. AC.
B -3 Districts and Design
0 %.MAX. AC
100% MAX. AC.
Modification Document
7
Uses allowed in B-1; 13-2;
5195 acres
0% MIN -ANC.
10 % MIN'. AC..
134; RP Districts and
900% MAX. AC
100 % MAX. AC'.
Design,Modification
Document
Buffalo
'OpewSpace;'Trail System;
12.35 acres
N/A
N/A
Lick Run
Utilities; Road Crossings
The, a
ctual,acreage identified for each Land Ba y is based.on the bubble.dagrain calculated on the
proffered Generalized Development P= Ian and may fluctuate based on final. survey work.
B. ' For purposes of ;calculating dgnsity pursuant to the .Frederick County Zoning
Ordinance, all dedications.: and: conveyances`,of. land, for public use and /or for the use of the
development or:any Homeowners Association shalt be credited in. said'calculations.
C. 'There shall be a ,unit cap of 1;200 residential units: within Land Bays 3, 5, and 7 to
include up to one ' hundred` eighty-four (184) townhouses on the Property and any townhouses
3
will only be: built in Land Bay, T There are no limits on the percentage or square feet .of
bus siness, ,commercial, office ,and/or. retail development as referenced above other than the trip
generation limits set forth in paragraph 3 herein:
3 MULTI -MODAL TRANSPORTATION. IMPROVEMENTS:
Applicant/Owner, agrees to install =the road; network 'that is depicted on the Generalized
Development Plan pursuant to the,.specific locations which shall he determined as a result of the
collaborative effort between Frederick County, and- the Virginia, Department of Transportation
("VDOT ") working together pursuant to Project. Administration Agreements. Said Project
Administration Agreements provide for the installation of a bridge over I -:81 which connects to
g P
Tevis Street, a traffic circle as is depicted on the Generalized Development Plan, two roads
which run across the Property and connect to Route 522, one across the Glaize property .and .the
other across the Property,, and a section of Warrior Drive running to the south from the traffic
circle; An Exemplar Road Section developed by Pennoni and- Associates under the direction of
Frederick County and VDOT per the aforementioned Project Administration Agreements is
attached hereto and incorporated herein by reference ,as "Exhibit. U! Applicant /Owner. proffers
that subject to specific details which will come as a result of the work conducted and directed by
Frederick County and VDOT pursuant to the Project Administration Agreements an exemplar of
the "road sections that will be installed on the 'Property for the segments-of road that are depicted
on the Property is shown on the Generalized "Development Plan. Applicant/Owner also proffers
that the bridge will be installed, pursuant to the aforementioned. Project Administration
Agreements and the cross- section and details of said bridge will be dictated by Frederick. County
and VD.OT pursuant to the terms of the Project Administration Agreements. Applicant/Owner
agrees that the road section will be in an alignment and a form that: meets VDOT geometric
design standards. Said cross- section which 'is referenced in Exhibit C does include sidewalks
and bike paths as well as two lanes of'.
f travel in either direction wfth' a raised median separating
the travel lanes and will include turning lanes, the locations of such resulting from: the
cooperative efforts of'Applicant/Owner, Frederick County, arid VDOT during the design of said
roads.
Applicant/Owner agrees to enter- into a separate binding' agreement with Frederick
County to provide for the reimbursement of the State -match ,portion of the costs to construct the
road improvements on the' Property, and the bridge pursuant to the terms of the Project
Administration Agreement. The• separate agreement between Applicant /Owner and Frederick
County shall, be memorialized' in a document entitled Revenue Sharing Agreement'
Applicant/Owner has •provided 'drafts of said Revenue Sharing, -Agreerneni along with exhibits
setting forth the scope. of work and anticipated schedule- and phasing `for,construction for the road
and badge projects.. >Appli ,ant/Owner understands; that ':additional work' will need to be
performed by .Frederick County and VDOT in order to develop .a more specific scope'of work
and;schedule of ,construction. Applicant/Owner agrees and proffers to cooperate with Frederick
County and its engineem,in arriving .at' final terms for a Revenue Sharing Agreement in an
expedited timeline._ It `is ,understood from Frederick :County that there are three Project
Administration. Agreements •which provide for the. construction. of Airport Road up to the
approximate location of'.the beginning of.the roundabout; the bridge across Interstate, 81,,; and the
roundabout portion with a connection running to the boundary line to the northeast and the
commencement of a road. section of Warrior Drive, all more further depicted on the attached and
incorporated Generalized Development'Plan.
N
It is anticipated and ,therefore proffered that Applicant /Owner and Frederick. County shall
commence first with the construction of the .Airport Road extension portion set forth above .in
order to allow for the initial development of commercial and market rate apartment uses along
Airport Road extended. In addition to entering'into.a Revenue Sharing Agreement and necessary
exhibits associated thereto, Applicant/Owner agrees to dedicate sufficient right -of -way to allow
for the installation of each phase of construction, the projects and the scope of work as stated
above. or as modified through mutual agreement between the Parties. However, development
'and dedication of subsequent. road sections beyond Airport Road extended will be dependent and.
contingent upon the execution of required documentsffrom property owners not under the control
of Applicant/Ownen Notwithstanding anything 'stated above to the contrary and even in the
absence of execution of .the above- referenced documentation required by adjoining property
owners, Applicant/Owner; `if it chooses, may dedicate and /or install 'portions or all. road sections°
depicted on the Generalized Development Plan.
In the event. there is .a delay in the construction of other segments of the road beyond the
.extension of Airport. Road, and. only if the Airport Road extension is constructed,
Applicant /Owner.agrees that, its vehicle: trips will be limited to 11,58$ trips (a number which is
half of the total number of °trip-5 which Are anticipated to be generated based, on prior traffic
studies). Applicant/Owner agrees; that all development of the Property shall be calculated, using
the ITE Manual for each anticipated use and. if according to, the ITE; Manual the development on
the ,Pro p ert y exceeds 11,588, trips then Applicant/Owner t/Owne r shall, conduct actual traffic counts to
determine if in fact the developed,propert'ies within the. Heritage Commons site are generating an
aggregate of 11,588 vehicle trips, per day. If as a result of the actual traffic counts it is
determined. that the developed properties within the Heritage Commons site are not generating in
excess of an average of 11,588 vehicle trips per day then Applicant /Owner may proceed and
develop additional square feet of commercial and/or residential (RP) uses until such time that
analysis using the ITE Manual determines that the proposed additional development by
Applicant/Owner shall generate in excess of l 1,588 vehicle trips per day (in the aggregate for the
Heritage Commons "site) and actual vehicle trips as counted by Applcant%Owner have in fact
exceeded an average of'.110588 vehicle trips per day. After the Property has in fact generated in
excess of ,an average of 11,588 'vehicl'e `-dips per day then Applicant/Owner agrees to conduct a
traffic study for the 'development of any remaining undeveloped, portions of 'the Property, and to
°install road' improvements to the on =site road network and "their immediate adjoining
intersections as deemed necessary as a result of any conclusions of the aforementioned traffic
,study.
All points-:of access and connecting, roads, driveways, etc. on the road network depicted
on the .Generalized Development, Plan, are for illustrative purposes and will be as approved, by
Frederick County and/or VDOT at such time as the roadways, are designed pursuant: to
aforementioned. Project Administration Agreements or the submittal of site plans for
development within the'Laind'Bays.
Warrior Drive, is intentionally ,depicted on the Generalized Development Plan as first a
section of road which will be installed pursuant to the aforementioned Project. Administration
Agreements connecting to the traffic circle- and second: to a distance 'to the south that will 'be
dictated by the final road design`being conducted by Frederick County and VDOT but not less
-than. 400 feet. It is anticipated that the remaining portion of Warrior- Drive will be installed
pursuant to -a separate .Project Administration Agreement by and b'etween'Frederick County and
5.
'VDOT and that as part, of that future Project Administration Agreement the exact alignment will
'be engineered and determined by Applicant/Owner, Frederick. County and VDOT to provide
connection to a future Warrior Drive to, be installed. on the Property to the south. It is further
proffered `that Applicant/Owner shall enter into a, separate agreement with Frederick, County to
provide, for the reimbursement of the. State -match portion .of the cost to construct the remaining
portions of Warrior Drive on the Property under the .aforementioned Project Administration
Agreement. The final design of the; future - Warrior Drive will be dictated by Frederick County
and VDOT pursuant to the terms of the Project Administration Agreement;, but Applicant/Owner
proffers'that said design will be in substantial conformance-to the design and cross - section which
is attached and, 'incorporated as Exhibit C unless otherwise modified by Frederick County and
VDOT. Applicant/Owner proffers and' agrees to dedicate -a right -of -way at such time as a
dedicatable (ie. nietes and bounds description) tract of 'land has been established and which shall
be as agreed to by Frederick County and. VDOT and also provided that'the property to the south
has dedicated its portion of Warrior Drive connecting to the property lines of its southern. and
northern_ `boundaries. Applicant/Owner may at its discretion dedicate the right -of -way for future
Warrior Drive as needed for the development of its Property.
In addition, ApplicantYOwner has been made aware ,of ;and received copies of traffic
studies performed ',by VD:OT which confirm: that the, revised- road, alignmer% as, shown on the
attached and incorporated .Generali.zed, Development Plan is, more than sufficient to address not
only the. impacts coming from. and being generated by the proposed development of the Heritage
Commons site but ,also will accommodate 'anticipated through trips as a;_result of constructing
through connections (two to. Route ;522 and one to the City of Winchester at Teuis Street).
Notwithstanding the same and in order to confirm that the volumes of traffic being
generated 'by the build out` of. the Heritage Commons community;, Applicant/Owner, does proffer
that there will be no more than an average of 23,177 vehicle- trips per day generated from the
Heritage Commons ' site. Said maximum vehicle trips ensures there is no increase in trips
generated as compared to-prior traffic, studies conducted for trips generated by the prior Russell
150 development and subsequent studies conducted by engineers working pursuant to the terms
of the Project Administration Agreements. The maximum number of vehicle trips is assured
because, Heritage Commons i's proffering a blend of commercial uses that are more office and
less retail. B'y providing .for, a,'cap and a maximum 'of commercial uses there is no need to
conduct any additional traffic studies to address any potential traffic impacts being generated by
the Heritage'Coriimons,development. 'When Applicant /Owner reaches the, maximum of vehicle
tripsper=day (an average of'23, 177 or greater) as determined by the ITE Manual resulting from
development at the Heritage .Commons site then Applicant /Owner shall conduct actual traffic
counts to 'determi'ne -if. the developed properties within Heritage Commons are .generating, an
aggregate .of 23,:177 vehicle trips per day., If as a result of , the ,actual traffic counts it is
determined that-the developed properties within the Heritage, Commons• site are not generating in
.excess of an average of 23,177 vehicle! trips per day then Applicant /Owner may proceed and,
develop additional square feet of commercial and/or residential (RP) uses, until such time that
analysis,'`using, the ITE Manual .determines that the proposed additional development by
Appl cant/Owner 'sha11 generate in excess of 23,177 vehicle trips per day, (in the aggregate for the
Heritage ;Commons site) and actual vehicle trips as counted by Applicant/Owner have in fact
exceeded an average of'23, 1'77 vehicle trips per day. After. the Property has in fact -generated in
excess of an average 'of'23,,177 vehicle trips per day then Applicant/Owner agrees to conduct a
traffic study for the development' of any remaining undeveloped portions" of the Property and to
0
install road 'improvements to the .on -site road `network and their immediate: adjoining
intersections as deemed necessary as a. result of any .conclusions of .the ,aforementioned traffic.
study.
Given-that Applicant /Owner is,proffering'toinstall.,a transportation network as is depicted
on the Generalized Development Plan and which is more specifically described herein,
Applicant /Owner is entitled to a proffer credit for the value of the projects proffered
transportation improvements which exceed those improvements which, would be required to
develop the Property 'and as identified in the Project's 'TIA. Applicant /Owner, through its
engineers; has provided 'pl'ats, describing in greater detail the difference between the two
transportation networks and has further quantified the amount of the proffer credit as is allowed
by Frederick .County in. the attached and incorporated "Exhibit D." Applicant/Owner submits
that the amount of the -proffer credit is $15;800,000.00 which , `i's the difference between
$18,000,000.00 which is °the total maximum cost of the three Project Administration Agreements
and °the; installation costs_ for the road network set forth in Exhibit D, of'$2,200,000.00. The :final
estimated costs for `the,instal'lation of all the road improvements set forth in the Generalized
Development Plan have not,yet,.been. quantified, but assuming a total. of half of the Project
Administration Agreements. , the proffer credit would be $9,90.0,000.00 and' said amount shall be
used by Frederick County as a credit against impacts (if any) that may be caused. by the
development of the Property.,
4. STORMWATER QUANTITY &_.:QUALITY MEASURES..
Applicant/Owner hereby proffers that all business (commerc. al) 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 business (commercial) and residential site.`plan identifying the party or
parties responsible for .maintaining these LID and/or BNIP -facilities- as a condition of site plan
Approval.
Applicant/Owner hereby proffers to establish a no disturbance easement within the
Buffalo 'Lick Ruri Stream Valley that. is' depicted. on the Generalized Development Plan. The
purpose of this no disturbance easement is to prohibit development activities' within the business
(commercial) and residential land bays that are located 'within the defined area. The only
improvements: that may :occur within 'this no disturbance easement will include road and
pedestrian crossings; utility installations, stormwatter management and water quality facilities,
landscaping and walking trails.
S. RECREATIONAL AMENITIES:
Applicant/Owner also proffers to, install walking trails and /or sidewalks within -the
community and to 'install a'ten -foot: (tW)'wide .asphalt trait along. the Buffalo Lick Run Stream
Valley depicted 'on Exhibit- A, the location of which will be identified on the Master
Development Plan. ,In addition, and at Applicant/Owner's discretion, Applicant/Owner reserves
the' right. to install a second ten-Toot (l0')' wide asphalt trail. (on the 'othe, r. side of Buffalo Lick
'Run Stream). In the event the Applicant/Owner does construct a second trail, the ten -foot (10')
wide -as ph' alt,trail(s) will be owned and, maintained by the Heritage Commons HOA and will be
Available, for public access.
7
Ap - licant(Owner shall construct.pedestrian trails.arid /or sid'ewalk;systems; which connect
each 'recreation area to the °residential land uses within `the: defined`rLand Bay. The final location
and- 'the<<granting of any "such ;easements and /or trails 's-.shall beat the subdivision design plan atage:
'Such trails or sidewalk. system shall be4 constructed of materials selected by Applicant /Owner
6,provided they are not part of th_e sidewalk system within,IheJ public right -of- way.
6 PUBLIC PROPERTY
,Applicant/Ownev. shall convey; 'after a, demand has been made; 'by Frederick County
Board of Supervisors ;consistent with, the terms stated: herein, an.. ;8.Q3 acre +/- tract of .land
located °in the, westernpor' of Land Bay 4. Said Land "Bay" shall be conveyed as directed by
the Trederick, County ,Board `of ,Supervisors provided That "the said .,tract of land is to be used for
the construction of a go.verh iwnt services "office; and /,or .municipal bu 'lding..
Frederick.County Board - of aSupervsors agrees,:.either'before, or: confemporaneous with the deed
`. conveying: the property; to ,accept the property with covenant 'that Frederick .County :Board of
: Supervisors is. accepting, the property consistent with 'the terms .of .this Proffer Statement, and the
development of the Property= sshall. be subject, to all duly recorded and enforceable: obligations,
inchiding,, but not limited to, CDA obligations, restrictions .easements ,and "rights of way, and to
comply with construction design standards which provide, that the use is of 'an. architectural style
and of-construction materials that' are consistent with .the restrict ve� covenants recorded against .
' the.prope"rty conveyed,, as well °as- provisions governing the use of the Property° to be conveyed,
and motion of application ,of slupon, r t Live, covenants governing; the, 'use of the property and the
const p
Furthermore; Applicant /Owner and :Frederick, County - Board;of Supervisors agree :that if
Frederick.:County Board of-Su pervisors does not `take title to said tract within one (1) year from
the date of the approval of.the "rezoning; then terms of,`this proffer, will be deemed void, and
Applicant /Owner will be free to do whatever- it chooses with the ;Property consistent with the
terms of the proffers and all other applicable zoning and: other; ordinances.
In, ;addition to the above; Frederick. County Board of Supervisors is free. to noti_ y
A -pl carit/Owner•at any time p or to the one (1) .year- term. - referenced above' of its intention to
not, take ithe property. and 'upon making ;said notice, the terms and conditions of this proffer, to
convey the, tract-shall.. automatically terminate. 'If the Frederick County Board. of Supervisors
elects, to, take title to the,aforementioned propertyi't hasan estimated'value,of,$3,200' ;000':00..
Furthertilore; Frederick County Board of Supervisors agrees; that.'in.:the, event that it elects
to -take titl "e 'to this property that it;shall construct -.�a go ernment,ser 'ices office and /.or municipal
building containing.not'aess than.25 ;000 square feet of occupiable space within three (3') years of
the anniversary of the :approval of the '_rezoning: In the ;event Frederick .County Board of
Supervisors' does? riot, ,constrict the aforementioned building within three (3) .years of the
anniversary of'the'zppproval of the rezoning;, then, the titles to the tract of land shall automatically
revert to,Applicant/Owner. The Frederick .County Board..of S,4peryisors hereby instructs and
empowers ;its County Administrator to execute such other deeds or documents which shall be
required -to effect the terms, of this - provision.
8
-The Applicant/Owner reserves the right to retain temporary and permanent grading,
slope, construction, utility, - drainage, storm water management and. access easements on all
public use parcels which are ,dedicated, to. Frederick. County, provided said. easements do not
preclude reasonable -use :and "development of the property for the intended purpose.
-7. RESIDENTIAL PERMIT ISSUANCE
A. Applicant/Owner" proffers that no more than four- hundred '(400) residential units
will be developed and built within: °the first two (2) years. of development, with the first year--
commencing on the date of the approval of the rezoning. The remaining residential units will be
proffered to, �be installed w.iff no .more than four :hundred (400:) residential', units within the next
two
(2) year term following, and the remaining residential, units commencing no earlier than two
(2) years afterthe completion of the eight hundredth (800th) residential unit.
B. In; addition, , Applicant /Owner proffers . that; on 'or before the date. that
Applicant/Owner receives a Certificate of Occupancy for the 300th market rate multi - family
residential "units Applicant /Owner shall -also have obtained a Certificate of Occupancy for a
minimum of 50;000 square feet of commercial use property or government services office.
Likewise, on or before, the date Applicant /Owner receives, a .Certificate of Occupancy for the
600t" market rate multi-family 'residential units Applicant'/.Owner shall have obtained, a
Certificate of Occupancy for an additional 50,000 square: feet. of commercial use property or
government= services office (a minimum total of 100,000 square feet). Applicant/Owner further
proffers that. on or before the date it receives a Certificate of Occupancy for the 900th market rate
multi- family, residential units Applicant/Owner shall have obtained a Certificate of Occupancy
for an additional - 50,000 square feet of commercial use property or government services office (a
minimum total of 150,000 square feet). Lastly, Applicant/Owner proffers that on or before the
date.,it receives ,a. Certificate of Occupancy for the 12001h 'market rate multi - family 'residential
units Applicant/Owne'r shall have, obtained. a. Certificate of Occupancy-.,for an additional 50,000
`square feet of commercial use property or government services office (a minimum total of
200;000 :square feet).
Applicant/Owner ;makes this proffer to- assure that in addition to the Land Bay
Breakdown and proffers pertaining to 'uses, density and -mix that there shall be a, guaranteed
minimum development, of commercial property occurring at the same time as development of
market rate multi- family residential units.
C:; Applicani/Owner proffers that because it is installing market rate apartments as
opposed ,to other forms of apartments that exist and are operating in Frederick_ County that the
impact to the sehools- will .be' minimal, as is more specifically set '_forth in the market analysis
referenced above, ,and will ,render the: market rate apartments ,tax positive. This declaration has
been demonstrated and is- supported in similar.; market rate apartment developments throughout
the.'countr AA -licant/O:wner does• proffer that in order- to 'ensure the tax positive nature of'the
y Pp p_
market rate apartments that after the construction and occupancy of the 600th apartment unit,
-
ApplicanVOwnei will,- .consult with- Frederick County Public Schools to determine the actual
number of school children' who: are residing 'in .the. market rate apartments and who attend
-Frederick County Public Schools:- ;Said number, shall, be'requested by Applicant /Owner: within
ninety (90) days of the occupancy of the 600`h `apartment unit. In the event, the total number of
school children enrolled in. Frederick County Public Schools who are` living in the market rate
Le
-apartments at the Heritage . Con nons�. site .exceeds 120 then Applicant /Owner agrees! to make
either a proffer paymerit :iri the amount of $5,000 per 'unit for. each apartment unit constructed
thereafter '(i e "60 1 or greater) or to :enter..'into such other. agreement with Frederick "County as
may be;advisabte- or-warranted, ;in order to address any adverse impacts to `the, Frederick County
Public School .budget as a :result of the number. of school. children being generated by the,
development_at the Property
[signatures and; seals: on the following pages]
s
Y
10
SIGNATURE PAGE
The conditions set forth herein are the proffers ;for Heritage Commons and supersede all
previous: proffer statements submitted forthis Property. `
Respectfully submitted,
HERITAGE COMMONS, LLC-
'By: Matthew Milstead
Its: Manager
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was'acknowled ed before me this
aGlS g - g g day of a,rG) ,
2:04-,t by Matthew Milstead, Managerof HERITAGE' COMMONS, LLC.
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NOTMY PU@LIC
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My `commission expires: �� a �, ,T '•._Tl
Registration number:
• HEG # 7155256
o ,n aoMYCOMMISSIONa
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R 150 8P'ELW
B.y Earl W. Cole, III
Its: Manager
SA 0� MOwyJDA
AT LARGE
COUNTY OF to =wit: (,
The foregoing instrument was acknowledged before me "this E day of
2015.'by Earl W. Cole, III; `M.Anager of R 150 SPE, LLC.
ARYPUBL_IC )P141v j
My commission expires ires
Registration
number:
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12
HERITAGE COMMONS
GENERALIZED DEVELOPMENT - .PROFFER EXHIBIT A
Penn oni..Associates Inc. d Engineers • Surveyors , Planners • Landscape Architects
•
HERITAGE
FREDERICK COUNTY, VA
HERITAGE C OMMON:S
DESIGN MODIFICATION DOCUMENT'- PROFFER EXHIBIT B
July -30, 2014
.MODIFICATION #1 §' 165- 501.02 Rezoning Procedure
Ordinance Requirement:'
In order 'to have land rezoned. to the R4 District, a ,master development plan meeting all
requirements of this chapter, shall be submitted with-rezoning application.
Alternative Design Standard:
In, order to have land rezoned to the, .R4 District, a proffered Generalized Development Plan
identifying the concept of the .overall acreage and ,its relationship to adjoining properties and
adjoining roadways shall be, submitted with rezoning - application. The Generalized Development
Plan for Heritage Commons °will . provide Land Bays to demonstrate the proposed general land
use plan layout for :the entire acreage. The Proffer'Staternent :for Heritage Commons will also
provide a matrix identifying the residential and non = residential land uses within each Land Bay,
the projected acreage of .each Land Bay and the percentage' of residential and commercial land
use within each Land Bay classified as Mixed -Use Commercial /Residential.
Justification for Modification:
A densely planned community on 'l 50.28 +- acres of land. cannot be completely master planned
as a condition of rezoning approval. These communities are dynamic due to the market;
therefore, the exact .location -of residential units, internal roads, neighborhood commercial,
recreational °amenities, open space and significant environmental features are difficult to .identify
at this stage in the process, The' .Applicant should be prepared; to - identify basic information
pertaining to the overall development of the planned community, to inform decision makers and
interested, citizens how the, general land use patterns and major road systems will be 'developed
should' a rezoning be approved. The use of a Generalized Development Plan and Proffer
Statement as a tool for this purpose is reasonable, as it contains illustrative and general
development' information that can- assist in understanding the' basic concepts of a. planned
community and guide the more formalized Master Development.Plan process following rezoning
approval. Therefore, it is requested: `that a Generalized. Development Plan be permitted to
function in the place of a. detailed Master Development Plan during the - rezoning process. A
Master Development: Plan will be provided subsequent to the rezoning approval process to
ensure consistency with subdivision design plans and site design plans within the project.
MODIFICATION #2
.Ordinance Requirement:.
0-
§165 - 501,.03 Permitted Uses
All uses are allowed in the R4.Residential. Planned Community District that :are allowed in the
following zoning districts:
RP
Residential Performance District
B`1
Neighborhood Business District
B2
Business General District
B3
Industrial 'Transition District
MI
.Light Industrial District
. Alternative Design Standard:
The Mixed -Use Commercial/Residential Land Bays identified on the proffered, Generalized
.Development Plan are slated for ,dense urban commercial and residential land use, which may
include commercial and residential lan&uses that are located within the same structure, or within
connected structures. This 'is intended 'to include and allow-, the Traditional Neighborhood
Design- Business (TNDB) Overlay District and the dimensional allowances associated therewith.
No M-1: (lighti industrial) uses will be permitted.
Justification for Modification:
Heritage Commons is, planned as an urban center design form that wily contain single - family
attached, market - rate multi - family units, commercial, retail and office structures, and structures
that may comprise. a combination of these land uses., The ability to provide for mixed -use
residential and, commercial, retail .and /or office land use within the. same structure or within
connected. structures is in .keeping with urban form design, which provides a very efficient use of
land and provides opportunities, for residents, to live, shop, and work within the same area,.of their
community.
MODIFICATION #3 §165- 50105'Mixture of HousingTypes.- Required
Ordinance Requirement;
Each planned community shall be, expected to contain.a mixture of housing types that'is typical
for existing and planned residential neighborhoods in Frederick County. No more than 40% of
the, area of portions of the planned community :designated 'for residential uses. shall be used for
anyjofthel following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses,
townhouses or garden apartments or any combination of those housing types.
Alternative Design Standard:
The .Mixed -Use Commercial /Residential Land Bays identified on the proffered ;Generalized
Development Plan are slated :for dense urban residential housing types -. To achieve this type of
urban residential development, single- farnily detached residential units will not be required as a
component. of the residential mix„ and single - family attached and market ;rate multi- family
residential units will be allowed to, comprise 100% of the residential housing units within the
-Heritage. Commons project.,
Justification. for Modification::
.Heritage Commons is planned as an urban center design 'form that will. contain single- family
attached and., market: rate multi family; housing units within a. mixed -use commercial, retail and
office development. The, Residential: Planned Community District promotes suburban residential
design form that is ;predominately residential with a minimum percentage of,non- residential land
.use. The implementation of significant percentages of non - residential land use within Heritage
Commons .dictates the need for higher density residential land use to ' facilitate this form of
development.
MODIFICATION44 §165- 501.06(C) Residerifial- Density
Ordinance Reauirement:
Residential Density. The maximum allowed gross density "for residences in the planned
community development shall be four units, per acre.
Alternative Design Standard:
The Mixed -Use Commercial /Residential Land Bays identified on the proffered Generalized
Development Plan are:slated for dense urban . residential housing, types. To achieve this type of
urban residential develoopment, the gross densities specified in Section 165- 402.05B for multi'-
'
family-and single- family attached residential land use shall be permitted.
Justification for Modification:
Heritage Commons is planned as an urban center design form that will contain single- family
attached and' multi- famii'y housing units within a mixed -use commercial, retail and office
development. The Board of Supervisors recently approved. increased ,densities for residential
development within the Urban Development Area (UDA) .to ,maximize the residential
development ;potential within this portion of the County. The . 2030 Comprehensive Plan
identifies this property as being planned for employment and :high - density. residential (12 -16
units /acre) land. use; therefore, it is appropriate to allow this type of residential density within the
Heritage Commons development.
MODIFICATION-45'' §165- 501.06(D) Commercial`& Industrial Areas
Ordinance Requirement:
Commercial and industrial areas': 'The areas for commercial or industrial uses shall not exceed
50.% of the gross area of the total planned community. Sufficient commercial and industrial
areas shall be provided to meet the needs of the planned community, to provide an appropriate
balance of uses and to lessen the overall impact of the planned community on Frederick County.
A minimum of lh% of the gross area of.the project shall be used for business and industrial uses.
Alternative DesIign Standard;
Given the dense planning for the Heritage Commons Land. Bays,.. the areas .for commercial areas
may exceed, and should be encouraged. to, exceed 50% o of the gross area. A Land Bay
Breakdown Table has, been incorporated into the Heritage Commons Proffer Statement to
demonstrate the minimum and, maximum acreages for commercial, .and residential development
throughout the project.
Justification for Modification:
A densely planned community it !ri ,an area that is designated under the. Comprehensive Plan as
,such should provide for a higher, per.centagel, mix of commercial, uses: Given the intensity and
extent of commercial uses they would 'be more harmonious if they, were mixed in with or
adjacent to Higher density residential development.; I The Generalized 'Development Plan will
depict the Land Bay's where it is- anticipated that the higher,derisity residential and commercial
uses will be mixed and also areas, that will be designated purely for commercial. With the
transportation networks and. connectivity of all the Land Bays; however, it is anticipated that the
activity level of residences, commercial shopping, dining and work will be laid out so that the
residents will be able, to walk back and forth between these uses and `not need use their
automobiles to access these facilities -arid amenities.
MODIFICATION #6
Ordinance ' Requirement,
§165- 501.06(E).Open Space
Open Space. A minimum of., 3;0% , of the gross area: of any proposed development shall be
designated as common open space.
Alternative Design Standard:.
A minimum of 15% of°the gross area of the Mixed -Use Commercial /Residential Land Bays, and
100 % of the gross area, of the Buffalo .Lick Run 'Stream Valley 'Land Bay identified on- the
proffered Ge_neralizedDevelopment Plan shall be designated a§-common open space.
Justification for Modification:
Heritage Commons :is ,planned as an urban center design form that will contain single -- family
attached and, market rate multi- family housing units within a mixed -use commercial, retail and
office development. This type: of urban center design provides opportunities. for indoor and
outdoor recreational amenities arid- facilities, pedestrian sidewalk,and trail systems, central plazas
and squares, small exterior urban -scale green -space areas, and rooftop green -space or rooftop
amenity areas; therefore, vast :expanses of green space area are not conducive for this type of
development. The. location of open -space areas and the types of ;recreational amenities will be
identified on the Master Development Plan to ensure conformity, with ordinance requirements.
MODIFICATION #7
Ordinance Requirement:
0
fol
§165'-203.01(E Buffer And Screening Requirements
§'165- 501.06(G) Buffers and. Screening
Road efficiency buffers. The Purpose of these requirements -is to provide protection for
residential structures from any street classified as a collector road or higher while still ;providing
an attractive view-cif the residential nei'ghborhood's from major roadways. 'It 's not the intent of
these` regulations to provide uniform linear strips of completely opaque screening but to provide
an attractive view of residential neighborhoods from major streets and ensure adequate buffering
for the residential neighborhood -,from the street.
All residential structures shall be separated` from interstate, limited access, primary, major
arterial, minor arterial or major collector .roads; as designated by the Virginia Department of
Transportation or the Frederick County Comprehensive Plan, by the following road efficiency
buffers;
Buffers and Screening. Buffers land screening shall be provided between various uses and
housing types as if the uses were located within the RP, B 1, 1312, or. M 1 Zoning District according
to the uses allowed in... those districts., Buffers :and ,screening shall. be provided accordingly as
specified: in Section 165 - 203.02 'of this Chapter. Road efficiency buffers ,shall be provided
.according' to the requirements of that section.. In addition, along the perimeter boundary of the.
Residential Planned Community :District, buffers. and screens shall be provided in relation to
adjoining properties as if the uses in the planned_ community were located in the RP, Bel,, B2, or
Mt. Zoning Districts.
Alternative :Design- Standard:
Buffers and. screening shall - be.proyided, along ,the perimeter boundary of the Residential Planned
Community District where proposed .Commercial Retail .and Office .Land Bays adjoin;.existing .
residential land use, or where ;single - family attached and multifamily residential units adjoin
existing single- family detached residential land use. Buffers and screening shall be provided
accordingly as specified in Section 1,65-203.02(C), Section 1657203.02(D), and Section 165=
liistance tsuner tcequrea
Road Classification
Interstate / arterial/- limited access
Inactive
(minimum)
(feet)
Active
(maximum)
(feet)
Total:
(feet)
Screen'Type
Full- distance buffer
50
50
100
Landscape screen
Reduced - distance buffer
40
40
80,
Full screen
Maj,or°collector
Full- distance' buffer
40
40
86
Landscape screen
Reduced - distance buffer
40
10
'50
Full screen
Buffers and Screening. Buffers land screening shall be provided between various uses and
housing types as if the uses were located within the RP, B 1, 1312, or. M 1 Zoning District according
to the uses allowed in... those districts., Buffers :and ,screening shall. be provided accordingly as
specified: in Section 165 - 203.02 'of this Chapter. Road efficiency buffers ,shall be provided
.according' to the requirements of that section.. In addition, along the perimeter boundary of the.
Residential Planned Community :District, buffers. and screens shall be provided in relation to
adjoining properties as if the uses in the planned_ community were located in the RP, Bel,, B2, or
Mt. Zoning Districts.
Alternative :Design- Standard:
Buffers and. screening shall - be.proyided, along ,the perimeter boundary of the Residential Planned
Community District where proposed .Commercial Retail .and Office .Land Bays adjoin;.existing .
residential land use, or where ;single - family attached and multifamily residential units adjoin
existing single- family detached residential land use. Buffers and screening shall be provided
accordingly as specified in Section 1,65-203.02(C), Section 1657203.02(D), and Section 165=
203.02(E) '(as modified below. whereF the °major collector roads adjoin residential 'or mixed use
residential land Bays) of this Chaptet.
Distance Buffer Required
Road Classification
lnterstate/ arterial/ limited
access
Inactive
(minimum)
(feet)
Active
(maximum)
(feet)
Total
(feet)
Screen Type
Full- distance buffer.
25
25
50
Landscape screen
Reduced distance buffer
"1:0
30
40
Full screen
Maj;or'collector
—
—
25
Landscape screen*
*(unless waived by Board of
Supervisors)
Justification for Modification:
Heritage Commons is_ planned as an urban center design form that. will incorporate mixed -use
commercial and residential .land use, immediately adjacent, to each, other. Land uses within this
form, of development are intended'- to be: integrated, and in some instances located within the
same structures,. therefore, the requirement for internal buffers and screening are, not practical in
achieving `this type of urban. design. The alternative design standard - provides for. adequate
`buffers and screening along the perimeter of the Heritage Commoris project to protect existing
residential land uses. This'buffer and screening standard is consistent with- applicable residential
separation buffers and zoning district buffers utilized in other portions of the Urban
Development Area.
� a
MOOIFICATION.W8 §W- 501:06(I) Road, Access
Ordinance Requirement:
Road' Access. All planned community developments shall have direct access to an arterial or
.collector road or to roads improved to. arterial or collector ,standards.. The planned. community
development shall be provided with a complete system of public, streets dedicated to the Virginia
Department of Transportation.
Alternative Design - Standard:
The proffered Generalized, Development .Plan shall provide for' major collector road systems
identified. 'iri the Comprehensive Policy Plan, which will be public streets dedicated. to the
Virginia .Department of Transportation. All other street . systems located within; the Heritage
Commons development may, be designed and constructed as private streets, which will be
maintained by a master association: or sub - associations created during the subdivision design and
site plan design process. All. private streets shall be designed in general to meet vertical base
design standards utilized by the Virginia Department of Transportation based on projected traffic
volumes for the identified 'land 'uses within. the project. All lots..created within the Heritage
Commons development may be ;located on private streets, which _shall, not be subject to distance
limitations from planned public streets within the project.
Justification for Modification:
Heritage Commons `is planned as an urban :center design form that will contain a variety of street
systems that are designed in .general to meet vertical base design :standards utilized by the
Virginia. Department of Transportation based .on projected traffic. volumes for - the identified land
uses witli`m the project. The ability 'to utilize private street design will, provide design flexibility
throughout the project that would otherwise not be practical due to. rigid. Virginia Department of
Transportation street design standards. The ability to utilize private street design will also allow
.for innovative storm water .management low - impact design and 'landscaping design to assist in
meeting water quality measures foethe project.
r
MODIFICATION #9 §165- 501:06(M) Phasing
Ordinance Requireinent:
Phasing. A schedule of phases ;shall be submitted with each proposed planned community. The
schedule shall specify the year in which each phase will be completely developed. No
subdivision., or site plans _shall be approved in the planned community unless they are in
accordance with the approved schedule.
Alternative Design Standard:
A Phasing Plan and Phasing. Schedule shall not be- required, for the Heritage Commons project.
Justifi cation for Modification!
Heritage Commons. is 'planned as an urban center design form that- will contain mixed land use
including commercial, retail, office, single - family attached and - -maret rate multi - family housing
units within a master planned project. Heritage Commons exceeds' the commercial, retail and
=office land use percentages from conventional residential planned community projects, and may
incorporate mixed commercial and residential land use within the same structure: Therefore, it is
not practical to . require a phasing schedule and time line that limits the ability for the project to
develop, as this will be dictated :by market conditions.
MODIFICATION #10 §165- 201,03(B)(6) Height Limitations,
§165, - 601.02 Dimensional and Intensity Requirements
Ordinance Requirement:
General office buildings in the. B2 and B3 Districts, and hotel . and motel buildings in the B2
Zoning District shall be exernpt.from the maximum height °requirements of "those zoning districts.
In no case. shall the height of such buildings exceed 60 "feet. When such exemptions are
proposed adjacent to existing- residential uses, the Board of Supervisors shall review the site
development plan pursuant to the provisions of•Section 165-203.02A(3).
Alternative. Design. Standard : -
Commercial buildings, retail buildings, ioffice buildings, hotel buildings, and shared_ commercial
and residential buildings may be• constructed up to 80 feet in height, not to include architectural
screening features and antenna structures. .Additionally; commercial buildings;• retail buildings,
office buildings,, hotel buildings, and shared commercial and residential buildings may be
developed with a floor area to la area ratio (FAR) of 2.0.
Justification: for Modification:
Heritage Commons is planned as. .a ,dense urban center design form that will promote vertical
construction throughout the. project. The ability to construct buildings to 80 feet in height .is
consistent with the height 'all'owance .for multifamily residential buildings, which will be
developed within•the project. Other,zonng districts within the County allow'for office buildings
and' other structures to be constructed up to 90 feet in height and allow for a floor area to lot area
ratio of 2.0 therefore, the - Heritage Commons urban center design form is consistent with these
more intensive types of development ,
currently permitted by County Code.
Additionally, the design form is subject to Federal Aviation Administration ( "FAA ") regulations.
All design modifications (e.g., : height limitations) that trigger any FAA regulations are
reviewable by the 'F -AA. Any approvals by the County are also subject to FAA review.
Therefore, the: Heritage Commons site will be developed pursuant to any relevant FAA
regulations, which alleviates any height limitations the County may have.
MODIFICATION411 §` 165- 401:09(J)('D1') `Multifamily Residential. Buildings
Ordinance Requirenient:.
Principal building (max): 60 feet, provided that a multifamily residential building may erected.
to a maximum of '80 feet if it is set back from road right -of ways and from lot, lines in addition to
each of the .required minimum yard dimensions, a distance of not less than one foot for each one
foot of height that it exceeds the sixty -foot limit.
Alternative Design Standard:
Commercial buildings, retail buildings, office buildings, hotel•buildings,, and shared commercial
and'_residential buildings' may be. constructed within 2 0 feet; of public or private streets stems
serving the community.,
Justification for Modification:
,Heritage Commons is planned as a dense urban center design =form that will promote vertical
construction. throughout the project. -This design .form should- provide flexibility to promote
building construction that abuts wide pedestrian walkway areas that adjoin public and private
street •systems. Urban center- design promotes - build -to setback lines, which are not proposed as a
requirement for Heritage Commons; however-; this alternative: design standard will. allow for this
form of design should it be desired by the developer of the project.
i
MODIFICATION #12
Ordinance Requirement:
•
§165= 4002.09('I) Modified Apartment"Building
This housing type consists of buildings; that contain multiple dwelling units that share a common
yard area. The ,entire dwelling unit does not necessarily have to be on- the same floor. Garden
apartments °shall be at least two stories high but'no more than four stories and shall contain six, or
more units .in a single structure,, not to exceed 16 units within a single structure. Dimensional
requirements shall °be as follows:
A. Lot, Dimensions
A 1 Maximum site impervious surface ratio 0.60
B, Building Setbacks
B From public road right-,6f-way 35�feet
B2 From private road right -of. =way,, off - street ,parking lot or 20 feet
driveway
B3 Side (perimeter,) 20 feet
B4 Rear (perimeter) 25 feet
B5 Rear for balconies'and decks 20 feet
B6 Minimum on -site building spacing: Buildings placed .side to si =de shall.
have a minimum distance of 26'feet _between buildings; buildings placed side
to back shall have a minimum distance of 3 -5 feet between buildings:'
Building back -to back shall havea�mihimum distance of 50 feet between
buildings.
C.,Mini nun Parking,
C 1 Required off: street, parking 2 per unit
D: ' Height,
D;1 Principal building (max): 5.5 feet
02 Accessory building (max). 20 feet
Alternative Design- Standard
This'housing type consists of buildings that, contain multipledwelling units that share a common
outdoor area. Dwellings can be on multiple floors with buildings 'beirig at least two stories but
not,more than six stories. Dwellings can have internal or external corridors at the discretion of
the developer;, Modified apartment.buildings; shall:,contain a rninimurn of 16 dwelling units but
.may not,exceed:more4han-64 dwelling units within a;single structuregr Dimensional requirements
shall be as follows:
A., Lot`Dimensions
Al Maximum site impervious surface ratio 0.90
B. Building Setbacks
Justificati'ori for Modification:
Heritage Commons is planned as a dense urban center design `form. that will promote massing of
dwelling units throughout the project. This design form should provide flexibility to promote
building construction that; accommodates an appropriate number. of dwelling units within a single
structure. The dimerisionat requirements provided for the Modified Apartment Building achieve .
appropriate setbacks for siting. of buildings and protection of adjoining properties, while
providing densities°more in keeping with a dense urban center design form.
B:1 From public road right of: way 20 feet
•
02 From.private.road right =of =way; off_street parking lot or, 10 feet
driveway
B3 Side, (perimeter) 15 feet
B4 Rear (perimeter) 15 feet
B5 Rear for balconies and decks '20 feet
B6,Minimum on -site building.spacing: 1.5 feet side to side.; 15' feet side to
back; .15 feet back to back
C Minimum Parking
C'1 Required off- street parking 2 per unit,
;inclusive of
garage
D: Height
Dl Principal building (max): 80 feet
D2 Accessory building {max):` 50 feet
D3 Maintenance_. buildings (max): 20 -feet
Justificati'ori for Modification:
Heritage Commons is planned as a dense urban center design `form. that will promote massing of
dwelling units throughout the project. This design form should provide flexibility to promote
building construction that; accommodates an appropriate number. of dwelling units within a single
structure. The dimerisionat requirements provided for the Modified Apartment Building achieve .
appropriate setbacks for siting. of buildings and protection of adjoining properties, while
providing densities°more in keeping with a dense urban center design form.
B:1 From public road right of: way 20 feet
•
02 From.private.road right =of =way; off_street parking lot or, 10 feet
driveway
B3 Side, (perimeter) 15 feet
B4 Rear (perimeter) 15 feet
B5 Rear for balconies and decks '20 feet
B6,Minimum on -site building.spacing: 1.5 feet side to side.; 15' feet side to
back; .15 feet back to back
C Minimum Parking
C'1 Required off- street parking 2 per unit,
;inclusive of
garage
D: Height
Dl Principal building (max): 80 feet
D2 Accessory building {max):` 50 feet
D3 Maintenance_. buildings (max): 20 -feet
HERITAGE COMMONS
EXEMPLAR ROAD SECTION - PROFFER EXHIBIT C
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HERITAGE COMMONS
'PROJECT ROAD ANALYSIS AND SCHEMATIC - PROFFER EXHIBIT D
Heritage Commons
Project Roads and Regional. Road -Improvements
The following information` identifies the assumptions utilized in the analysis for determining road
requirements for access to ,the.Heritage.Commons,project. This analysis is intended to assist in
developing a cost estimate for required access to compare to additional regional road
improvements that are,being considered for the project.
Russell Farm Traffic. Impact Analysis.
• Prepared; by'PHR &A November 1, 2004 for the Russell; 1,50 Rezoning Application.
• Projected land 'use assumptions included 294 townhouse units, 440,450 square feet retail,
and 264,000 square feet:office.
:• Backgroundand project build -out conditions projected 23077 average daily trips (ADT).
• Road network` included two points ofaccess'on Route 522 South and a connection to, South
Pleasant Valley Road via a flyover bridge; crossing of Interstate 81.
• Tevi& Street and Watnor Drive did:not,connectto the externaLroad network.
• Build -out lane geometry.indicated a separate left lane and shared. right/through lane from
the project at the Route 522 South,intersection with Airport Road.
• Build -out lane geometry '_ indicated a shared left lane, and right, lane from the project at, the
Route 522 South intersection for the land bay on the,south side of the:ravine.
Her,.itage Commons Rezoning
..!. _ ,A new Traffic Impact Analysis was not prepared for the Heritage Commons Rezoning
Application.
• Proffers limit tr- AM6,generaiion from theproject land use to,not,exceed the 23,177 average .
daily trips identified in-the by PHR &A November 1, 2004 Traffic. Impact Analysis.
• Heritage Commons identifies a, maximum of 1,200 residential -units,, which is four times
the amount;of residential,, development from the.Russe11.150 Rezoning_Application.
• 'The ITE Manual utilizes. 6`.7 ADT ras a traffic generation, number-for apartments.
• Assuming .7 ADT per unit will yield a projected volume of 8,400 ,ADT -for the residential
component of Heritage Commons.
• The Heritage Commons'land bays.are separated bythe ravine, channel, which creates two
distinctive land' bays for development.
• The land bay on the.south side of the ravine i's anticipated to be predominately residential
land use and ;the land, bay ,on_. the north side of the ravine is anticipated-to be a mix of
commercial and residential land use.
Heritage Commons Project #3701 HC
• The land bay on the south. side of the ravine channel. is anticipated to generate less 6,000
APT and the land bay on the north side of the ravine is anticipated to generate a more
significant"volume of traffic as a` result of the mix of commercial and residential land use.
Heritage Commons -Road' Aceess
• The road, section serving the land baysi the north` and south ^ side, of the ravine should be
expanded from the road section identified in-the Russell' 15.0' Rezoning Application Traffic
Impact Analysis.
• The road section on the.north side.of the ravine should be developed; as an -urban four -lane
divided road.section with a raised median to provide for protected left tum,movement.
• The, road section, orn the north, side of the ravine should 'have separated left, right and
through lanes. it the intersection on Route 522 South.
•
The road,section on,the south side of the ravine should be developed as an urban two -lane
divided road section. with a raised nmedian to provide. for protected left turn movement.
• The: road, section on .the .south side of thel ravine should have ,separated left and right turn
lanes :at the intersection on Route 522 South.
•• The road intersection on the north- side, of the ravine will,need to, accommodate the 4Ih leg
on the existing traffc,signal at 'the Airport.Road intersection onRoute 522_ South.
• The road. section, serving; the. project on "the, north side,.of the ravine is .estimated to cost
$1,200=a,linear foot.
• . 'The-road` section ;serving the, project on the south side of the ravine is estimated to cost
$900, a linear foot.
+ The 4th leg of the existing: traffic signal is estimated .to cost -$;100,000.
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-' DATE RETISIDN'
a HERITAGE COMMMONS
- GREIDWAY ENGINEERING
H HILL LANE INC.
a PROJECT ROAD SCHEMATIC 1971 NINCNEfiTER, VIRGINIA 2-2
1�, T 16.61 662At86
GREENWAY ._.6......,E..�m
s REGIONAL AMPROVEMENTS ENGINEERING
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-' DATE RETISIDN'
a HERITAGE COMMMONS
- GREIDWAY ENGINEERING
H HILL LANE INC.
a PROJECT ROAD SCHEMATIC 1971 NINCNEfiTER, VIRGINIA 2-2
1�, T 16.61 662At86
GREENWAY ._.6......,E..�m
s REGIONAL AMPROVEMENTS ENGINEERING
HERITAGE-CO1VIM f NS PROFFER STATEMENT"
REZONING:: RZ #'02 -I 4
_Rural Areas'(RA); - Business General (B2), and Restdent�al
Performanee`:(RP) to Residential`.Planned Corhmumty District (R'4);:
PROPERTY-:. 150.59 acres = ± / =,
'Tax Map Parcels #b3 A- 150;,6'4 A .1,0" aiid 64-A -E2 ( collectively
:the "Prgperfy ". }_
RECORD WAN E'R: R 150�SPE; LLC
AP..PLICANT Heritage Corrunons LLC`'( "Applicant ".)
PROJECT NAME; Heritage Corrimors
ORIGINAL DATE
OF'PROFFERS : Septembef 6 '20:1-3.
REVISION DATE(S):. August 7 2014 ; September 18 20114; October 9, 2014
Executive Summa
The Proper•,ty was originally - rezoned in September 2005 under the'narme ,of Russell 1:50.
_
The.:Property has since changed ownership -_and; the:new�- ow-ner�,wishes to :rezone the Property to
is
Residential Planne °d :Comrriunity Di'stnct.:(R4)t The undersigned ;and record owner, Heritage
Commons; LLC and R 1:50, SPE;: L d,: -their -successorsi and, assigns. (collectively
"ApplicantYOwner" ), hereby proffers that the use.and� development of the subject property - shall.
be ;in strict accordance:wrth ,the following: conditions and sliali superseder "and replace all othe "r
proffers made prior hereto., Ifis further the.staternent and mtent`that, with tlie.'acc'eptance of:the
roffers contained herein an
p y ,and all, prior. prof. ers affecting this Property shall ,be deemed null;
void, and term Hated In the event the }abo�%e+ referenced ariiendments arenot:'grant'ed'as applied
for'by A'pplicant/Owner theMbelow described proffers shall be;wrthdrawn and be Lill and void
_ ..
The;.Yieadings of'Ilite proffers, set, forth below have 1566i prepared for convenience or''reference
onlyand shall rigt control or affect (t emeanmg or'be�taken��as an interpretation of`any:provision
...,
ofalie proffers The improvements proffered herein shall, be po "vided.at the time of development .
oftfiat pgrtion,of the site °ad�4 ent to,t.eJrhprove. ent runless otherwi e specifed= fierem:
References made. Ito:.the Master Development Plan; hereinafter' ;referred to as the
Generaljzed Development 1?lan dated August 7 2014; as: required' by the Fredencic ,County-
r
Zoning Ordinance, are to be irterprefed to be references to the specific Generalized` .Development;
Plan sheets attached"hereto;and ncorporated�herein�byrreference as "Exhibit k` "'
The exact boundary and acreage of- wand bay may be stuffed to a reasonable degree
at: time of site plan submission• for,each land bay in order to accommodate. engineering; or
design;consid'era-tions'
Appincarit/Owner is submittingi a, G,ene.rahzed Development Klan, Exhib;it_.A, as part of `a
rezoning: ;application: The: - Generalized Development Plan is: provided in lieu of a Master'
Development Plan and contains all 'information deemed appropriate; liy the `Frederick. County
:.
Planning; Department:- The .Gef6fAlizejd Development Plan ;does. not elim1hate the requirement
for a Master_ Deyelopment�::PIan for ,the: portion of -tile site to: lie deuel'oped; wluc} witl be
provided following rezoning;;> approval of'the ] 5'0;59 +/ acre site
DESIGN�'MODIFICATI ON`DOCUMBNT:
In, order for Applicant /Owner and Frederick County to iinplementr this Residential
Planned Comrriunrty" District; ri wi"11-b-- ,e important, for Appl cant/Owner :and Frederick, County,
Planning <Staff, to havethe3`oppor#unnty to anticipate incorporate and develop new' types_
and coifguratlois that - may;be suitable, `Tlus }is:'to. include the, allowance =:for•the installation of
mu ti-farriily immediately adjacent and: in some cases id-the same; structure: -as business
(commercial) uses..Applicant/Owner has':proffered a Design dVlodif canon 'Document dated Tuly
30,12014 , that is :attached and'mpprporated hereto as " Ezhnbit B' Pursuant to Fred enck,County
• re -
Gode ' 1. "65 5,01 06(0); lhe- `design modifications set' forth in Exhibit B:. _shall apply, io the
Property:
Applicani Owner
In. addition. to the above, '15Y approving the Arriended_ Proffer Statement,_ the Fr "ed'erick
County Board of Supervisors °agrees, withouf need_ of any further: Board of Supervisors: or
Pldhnmg"..Department approval to ` `.ariy modifications of °anyr.matter ;which has been- previously:
agreed to. and therefore approved by,;; Frederick -C_ Gqunty: Further sgjj.,. ny submitted revisions• ;to.
file approved Generalized Development.Plan; and /onany_pf'its.requirements,for any`developmerit
zoned R4: which' affect the °penrnef6i of `,&, development or which :would increase tfie overall
..•_,
der sty of "the,d`evelopment shall require the_ Board of Supervisors' approvdl. :Ifi in•'athe reasonable}
discretion kof "the `Frederick County Plan ffig Department, the Plann�;ng. Department decides- any
requested..mo&Pi'catiori . should,be;reviewed ; by tt e.- Frederick County Board of Supervisors,;it may
secure said approval by placing this. matter: before ' the :Frederick County .Board of` tipervisors at
its next regularly''scheduled rrree #ing. however, and not _ 'ihstanding, what is stated above, once
a modrficatnon .has, been ,approved, administratively, Apphcant/Owrier shall nof;:be; required to
seek approval for'any subsequent siffi ai modif cation.
'2. USES;!DENSITY AND MIX:
A., (1) Applicant/�Owner:shall develop a -mix of umt typesathat mclude;•but, are _hot,
limited to single = family attac}ied; multi farrygated single family;attached : gated,multl- family;.
,.
shared. residential :and :commercial -structures; 'office, retail' `::and >ndustria] structifts, The
followtng,l'ist nn `(2)�belo•w coritarns those uses which could exist °withirrtheoProperty.
,2.
(2)' `The,, following list, of Lana ;B'at's within the LaridlBay Breakdown 7 able
sets ,forth 'the general development parameters on `'the Property and is' consistent `with the.
proffered• Generalized Development Plan;denfi'f ed,as .Exhibit A. The development will adhere
to the land bay breakdown;;dep-cted ;in the 'Generalized' Development Plan; -and the,. Land Bay
Breakdown Table.
LAND BAYBREAKDOWN
LAND
POTENTIAL
APPROX:
I RE- SIDENTIAI
COMMERCIAL
INDUSTRIAL:
BAY
LAND':-USE,
ACREAGE
MIN /MAX;
MIN/MAX`
MIN /MAX
°,
ACREAGEo
AC RE AGE- %
ACREAGE%
l
Utes allowed
<7;5 Pa'
� �0% -MIN: AC.
l'00 %MIN. ,AC.
0% lV1IN AC
stn $' -1 B =2;"
0 %MAX. -AC
l 00 %MAX. AC:
0 %` MAX, ,.AC.
B- 3':Districts
and `Design
Modif catio_ n
Document;
2:
.USes allowed
8 03 acres.
`0% :MIN AC.
100%d MIN. AC:
0% MIN. AC.
in B 1 $'2
0% 1VIAX..AC°
y.
100%o':MAX_ AC
0 %0 MAX. AC.
`B' =3 Dist "riots_
and,Desgn'
M 6 d i fi cation
Document
3
Uses allowed
'9..73: acres
. 5% MIN. AC.
°
5 MIN. •AC
00% MIN AC:
�n B:1, B'-' 2
95 %MAX: ,AC
95A %:MAX:.' C.'
0 %o MAX.,AC.
B 3RP ,
Di stricts :'and
';D`esign;
'.Modification
Document'
.4
Uses allowed.
21 94 acres
0 %rIy1IN AC'.
;1'00% MIN; AC".
OP or MIN AC.
0 %'MAX A @`
100% MAX AC.
0 %, MAX- AC.
B 3Districts_;
'and _Design,.
�_}
Nlodif cation'
'5
Uses allowed
29,f91 acres
80 %,IvLIN AC;
10 %o IVIIN AC:'
%IVIIIV. AC:
90% MAX AC'
`20 %;MAX: AC
:0.
0% MAX AC.
.Districts
and;
Des gm `
Modrfication'. .
3
The actual acreage identified`for each L'and;.Bay:is, based_on tfie.bubblp diagram calculated on` he
proffered: Generalized pevelgpment Plan and may fluctuate based om Tidal survey, work..
$. For purposes: of :calculating..density' pursuant to the Frederick Couri y Zoning
Ordinance; all dedications :and conveyances -of,Iand for public use an' for'tlae "use: of the
-
'developrn6nt,.or any'Eoineowriers Associ'ation;.shalibe*credJted in said.calcul'at i ons. .
C. Thdi&,sliialI' eia unity cap of 1200 resid'' ' t4l units within Land 'Bays 3, 5, and''T
A lreantJOwner ma .develo � and' build betWten on
- pp y p "" a Hundred :fifty {Y150) 'arid: one hundred:
eighty four (184)stownNouses ;on the Property and; any townhouses;will only:he�built inland Bay,
7,.- There.are;no limits on the;percentage or`square feet;gf business, commercr,al; ndustrial_ (Land
Bay '7 onlya), office and /or retai'1 development as'referenced'abov'&.
3:. CAPITAL FACILITY `IMEACTS:-
Applicant(Owner makes no monetary proffers rto address any Fred`er�ck County capital
faeilitresimpacts The proposed uses within Heritage Cpmmoris will yield 'a °net.positrve ,capital
benefit to Frederick County_,. As t4,fesult, `the capital benefit real�zed`by Frede ick County, will
elirriinateaany anticipated expensesahat:migfit be owed to`?rt by Applicant/Owner.
°4: MUL11 -M AL TRANSPORTATION - IMPROVEMENTS'
ApplicanUOwner agrees to tiistall,'the road network that is d'epicted'on th'e'Generalized.
Development Plan pursuant;to the •specific- locatjods which shall° be `dictated 6 Frederick County
and ahe V*%ginia Department of Transportation( V-DOT ") working together pursuant'to Revenue.
Sharing Agi cements:. Said Revenue:`Shaiing Agi cements provide for °the installation of a. budge:
4
1Docurnen
6"
Uses allowed
6, 83 ac res,
0% Iv1IN. AC'
100 %' IvIIN::AC.
0 %;MIN. AC.
in B 1; aB=2;
09 NIAN, AC
100 %,.MAX: AC.
0 1, IvIAX: _AC-
B -3 Districts;
and Design
1Vlodi$ cation
'Document;
7
Uses allowed.
53.95'_acres ''
0% o -MIN. AG..
10.% Ib W. AC`.
0% MIN., AC.,
in B -1, B .2:;,
90 %MAX._AC
1000 MAX. AC.
100% MAX:.
AC
Districts: and,
Design
Modification,
Document
Buffalo
Opeq Space,
';11.3:5 ,acres .
N/A
N/A
NAA
Lick Riff
Trail System;
Utilities-Road-
•Ci;ossngs
-
The actual acreage identified`for each L'and;.Bay:is, based_on tfie.bubblp diagram calculated on` he
proffered: Generalized pevelgpment Plan and may fluctuate based om Tidal survey, work..
$. For purposes: of :calculating..density' pursuant to the Frederick Couri y Zoning
Ordinance; all dedications :and conveyances -of,Iand for public use an' for'tlae "use: of the
-
'developrn6nt,.or any'Eoineowriers Associ'ation;.shalibe*credJted in said.calcul'at i ons. .
C. Thdi&,sliialI' eia unity cap of 1200 resid'' ' t4l units within Land 'Bays 3, 5, and''T
A lreantJOwner ma .develo � and' build betWten on
- pp y p "" a Hundred :fifty {Y150) 'arid: one hundred:
eighty four (184)stownNouses ;on the Property and; any townhouses;will only:he�built inland Bay,
7,.- There.are;no limits on the;percentage or`square feet;gf business, commercr,al; ndustrial_ (Land
Bay '7 onlya), office and /or retai'1 development as'referenced'abov'&.
3:. CAPITAL FACILITY `IMEACTS:-
Applicant(Owner makes no monetary proffers rto address any Fred`er�ck County capital
faeilitresimpacts The proposed uses within Heritage Cpmmoris will yield 'a °net.positrve ,capital
benefit to Frederick County_,. As t4,fesult, `the capital benefit real�zed`by Frede ick County, will
elirriinateaany anticipated expensesahat:migfit be owed to`?rt by Applicant/Owner.
°4: MUL11 -M AL TRANSPORTATION - IMPROVEMENTS'
ApplicanUOwner agrees to tiistall,'the road network that is d'epicted'on th'e'Generalized.
Development Plan pursuant;to the •specific- locatjods which shall° be `dictated 6 Frederick County
and ahe V*%ginia Department of Transportation( V-DOT ") working together pursuant'to Revenue.
Sharing Agi cements:. Said Revenue:`Shaiing Agi cements provide for °the installation of a. budge:
4
over
PV I which, conne' s -to a traffic circle as is `:depicted ihb Generalized
Development. Plan, q fq4d.s, ; Oich run across the :and :'connect onnoct to. Route .52.2, one
across -the Gla izb property: and th e
other- a cros the= P r 6p e ft y; and a s'e*' qj1pr q. Warrior k-inve
funnifig tq:ft -south- ftorry the traffic ,'circle ,., A � , , xemp ar Road c tii b j hetbtd and
incorporated herein §y, teference s ".Exhibit C."
Applicant/Owner
!;. Apilicant /I O I wner pr6ffers that- subject--to'.
5p6dift- details which Wil1,tbm&:M a. result btl�d work conducted
and dji.6-t" bd b: y:Frederick
Cq-u-k'-ty- "'d VVE�OT�'-P n,. to Revenue 'S' 'f the •road
sections an ..e . harii1g,Agreements -an exemplar. .0
that will be! ift9tAll6d., dn.'the e .'iflOT the sekm&nts of'r�'6*'ad-"ihat', are .-depi'cted.on the,
Pr6peity.is,,sh ailsb prOff6r&thqtAhe
own?,on-the,.Gener l�ized Development Plain. Appilca- �6w.-n-n6'r"'
bfidge Wilf.bbAhstafkd the aforementioned Revenue Sharing Agreements -and. the
M. PUTS44P - 90 .
cross section and details of' said '6r'dge:,Will,be dictated -.by .Frederick County and: VDOTpufsuant
't6 the; 'terms ,6- fthe Revenue -S" h- a�riig,'Agreements. Applicant/ -Amer !agrees tha
t-the; road section
vi l btin an a 1ignment dnd�a form that meets . A geometrc design siand ards.
Said cross-
§e&i6n,.whjcfi is referenced in Exhibit f does include sjdewAlks4an dbi e,.p ihs as well as two
lane&d,travel ii.1.dither'-dir'e6tibnwith 4raised ffi&diah• e h
..p
,qTqpng t1j'ejravpl lanes..
Vo . q q�s pq� pt o separate. binding' with .Frederick
Cbunty.to, OCI'vide.for th6feiffib' f§ehieht of an ap-pli6ble 4portion -offrederick.'Coilnt
y's-share of
the costs .to 'construct:, the -- :road. ,improvements on the Tr6pert, to the terms of 'the-
' ,grqem�ents
Ah p 6iitsof access and connecting diiyeWays,,&1c.,io! ihe,_roa& - etwork,depicte8
.bff ihe3Oeherallze'd Development li-j d�."b.v.. Frederick ,,,C6uniy-,.and/ -,VDOTat
.-.an wJ.-, PrQV6
-nifta latWfor, 6 lopitfbrit-witMh�.th6,-,L.and,Bays,
subi !,Oflsit� d'
p,
Warrior -Diiveis: intentionally depicted aon i4e Generalized, Development PlAh'. a I s first a
section of = road. whidh will; .be installed pursuant- to: -the: aforementioned: :Revenue. Sharing
Agfeiftnbrits-, 60hii6bting, second. 40..:a*, dis"tapidd to the south. that will. he,
qi cia tel .the a. l xo"Ad d si 1b
ei. conducted ;by Frederick ,County
and VIDOT iit not less
tha r�O A p pI 1 6 j t aw 1*6ffers- and AOrbestO-,d6Jicae�a,k1 9h V
Of-way-af, such, time. 'as A'
dedleata'blee(fle'. metes,and bound's descfipti6n);tfattbf --h shall
be )yhj
'b Ffdd'
agreed dfdk- C ty. 4;10 Yj),QT, It is. anticipated th fffi ..remaining, poilibb of
d§ d
Wan ior.,Drive will be :installed Tyrsuan o?a separate Rj�ypqpq Shq!ng , Agrpe,nent . by and
between _F ff.der-ibkC-)unty,,4qd� V60 ; `aqd3ifiat-as,p-aft,0 th -t , ':'alignment i. ,
Ju' "Agreement. '
the. exact -wi 11 be eno re6fed botto
'on t[i` th. It''is.
provide „connec.fi to a�4uture Warrior 'Drive -.fb b& i,fl§tdll6d-ion, P, 4, (;,�Spy
y. t
firth qr Pyp 0 ere : d that Applicant/Owner -, ,shall” enter into separa'te ' a -greemen t. with Frederick'
County, to - ' provi e, for
of Fred'e'rick -z.C'
tY. ;S
, share of the
- -cost A
b cpns",
truct.th
e
remamn ,po r6ons,oT,Warrior,Dr ive:on the Proptiy ,tlie,afdf&nidftimdR evenueShArirg
Ai- Th6-fiiAl design; -df the J future; W ?TT10r.1rive will be dictated by County
,ahaw V - " the .f&rim s, ,o
the:, Revbfiu g ' S_h Tjpg1 Agreement, '--
"
: but ApplicantlOwrier
proffers that s`aziid , e sign will _ coifonnance. -� o,. �he. 'd6sigr�aftd',cr qss- sec ion W
h
ich
is` Attklfdd and incorppTated.," ERhJJftJGL Offierwi se m o re& rick Count
. y
and
VDIOT,
'aht/Ow- _9� ff received irfffi6
0aition, has �N 0
edfi pies 6
studies t)erf6rmed:` by'VIVT 'which, confirm that the revised road -alignment as. shown onAht
5.
attached and incorporated Generalized Development Plan ,is more than sufficient to address not
o�ily}thp` mpacts coming from and being rgeneraied by-Ae.proposed:developmentyof the- Heritage
Commons site; but also will accommodate anticipated.. through taps as a result bf coristructii. g
°tliroughconneetions =(two to Route522' and,oneto theCrty of Wmclesterat 7 evis ".Street):.
Notwithstanding; the same, and in- oider to confirm' 'that ;the volumes- of tra'ff c 'being
.generated by the build out of the Heritage, Commons;,comnaunrty; Applicant/OwnerAoes.proffer•
that there, will be no more >than 1,200 000 square feet of° commercial: (B -1., 'B -2„ B 3;) and
industrial (W)-uses •instal'led on the Heritage :Commons site. Said maximum square,. footage
number en§ures there is no, increase ifi trips. generafed as compared to; prior traffic! studies
:conducted; for taps; nerated� by the prior Russell 150 development acid subsequent studies
conducted by engineers working pursuant ;to the;:terms of thelevenue Sharing Agreements: The
maximum number of`wehicl'e tnpsyisFdssiired because,H' Commons is, proffering aiblend,:of
comrnercial/industrial uses -that, are: more.: office and less retail. ',By, providing for a cap .and a-
inakirriuin off- comm`ercral and ind'ustria'l uses there is no need to conduct- any addifi'onal traffic
atudjes Ito _address -any potential traffic impacts being generated' by the- 'Heri'ta'ge Coninons
development: When Applicant/Oy'ner reaches. the maximum of_ square footage for
commercial /offce.anl inaustn'al. uses, Applicant /O'wner can proceed ;and deyelop additional,
square _feet of commercial /office and/or industrial uses`if ApplicanUOwnOr can 'd`emon'strate that
there'will be no:adv`erse impacts to the road,n twork onathe Pioperty..
5, STORM WATER .QUALITY MEASURES ,
Apphca.nt/Owner hereby proffers-that,all business (c -ori merci'alj,and residentiaysiteiplaris
suUmitt'ed to Fredenck-County will ;be designed: t. implement Low Impact Development (LID)
:.,
-and/,or.$est Management Pract�ces``(BMP)`to promofe stormwater gualrty measures: A. statement
Will beprov'ded„ on -each business,(commercaal),iand, residential site;plan- identifying the party "or
parties resporCsible for .ma�ntaimm�g sthese° LID and /di BMP 'facilities as -a condition of'site .plan
approval
ApplrcanUOwner hereby proffers" to establish a no disturbance ease "rnent within the'
Buffalo Lick Run Stream Va'll`ey that is -depicted on • :the Generalized Development Plan. The
purpose ofthis no disturbance::easeirient is to prohi ibit development activities, within the'business.
(comrnereial) and ,residential "land' ;bays ;that- area located within• th"e defined. area The only
improvements that may oecue-wffin thrsno disturbance easement° will ►nclude road crossings;
utility'installati,ons .sformwaterma Aiieriidht,facilities; landscaping and walking t'ra'its:
RECRtkTIbNAL. AMtN* TJhS
A'pPH, a QNO ,her also proffers to; install walking ;frail:s and _sidewalks within the
commu i ty'and to;install a :terf- foot (I W)`'wtd& asphalt or concrete 'trail 'ak the Run Stream
N0 6` Y depicted„ on Exhibit. A 'the location cof which ,vnII be :identified :on; the Ma "ster
DeVelopihent Plan fin addition, and at Appl�caiiUQwner's discretion, Apphcant/Owner may
install a aecon "d. ten foot (10') wide :asphalt :or 'concrete; trai ('on the other ` -side bo .Buffalo Lick
Run;Stream) In'the ev.,ent
h" ` VOwner does construct.a second trail,, the ten -foot
Ywide as halt ,-or concrete trail (s) will be owned and ma htarned by'ttie I Ientage Commons HOA
and°-will be available for.publ�c;access.
Applicant/Owner-shall construct pedestrian traits and %or sidewalk systems; which`connect
each recreation °area to; the residentlal land' uses wrtlun the defined Land,Bay'. The finat locat oh.,
and the granting of any such easement`s andJor "avails shd be at the; subdivision design plan ,stage:,
Such trails or. sidewalk system shall ,be::constructed of -rnatexial's selected by` Applcant/Owner
proYided' they'`are not part of the sidewalk system wrth.in the publje light =of way:
7. 'COMPREHENSIVETLAN' CONFORMITY':
By accepting :and approving this ,rezoning - application, the :Frederick, County Board :of
Superv[sor "s• autliorizes th'e' location - d d provision }oft* pubhc ,uses, facilities, -:and ;utilities
specif catty referenced on -ihe Generalized Deueloprnent Plan,. _m this". Ame'rid-ed Proffer
Statement; and on design plansias well as the extension and construction of''water >and sewer lines
and facilities• and roads, necessary to-'serve this •Property•.pursuant to Virginia_ Code Section 152=
2.232 and. the Frederick Count }y Code. The general: areaE for locaf ion of roads necessary to sere
this' Property;.are as shown onthe 'Generalized `Developinent.Ptan wi'th,t.h&, ea-act locations •to., be
determtned.based on final engirieermg,and,as approved byFredenck Count }� A'cceptance`of this
Aended- `Proffer Stafemeni ,constitutes approval of jhe public us6.j 'facilt:es; and utilities and
their (ability to be developed R:Wit n the Land Bays identified' on ]✓,k ibR A- and thereby e9cepts
said public u " 'facilities; and utilities frgm further Comprehensive Plan`R,conformi'ty review:.
8. PPEA
ApplicanUOwner acknowledges that d: PPE "A has beerr,=submitted to,Frederick :County jq
provide fora ten acre, tract of land located in Land-Bay-4,10 be; used for -the Purposes o`f
coristructin_g and`,instailing a Gouniy'adrniriistrat�on building Also piarsuant`to the terms.ofsaid
PEA, an option has been given to •Frederick .County :to: purcha "se up to a; niazmum .of eight'
additional >acres; ;at a market, rate pace per acre, .to be agreed to by, and between the �parhes.•
Apphcant/O.wner intends, to, lionor the term's of 'the PPEA for :a term?to allow time -for_ h redenck.
County acid ApphcanUOwndr to enter into a•. binding• agreement: to, 'construct and /or -' to sell
property as it is- anticipated' that negotiations to .reach :a final' agreeinenf may occur beyond° the
time of the..approval of the rezoning_ App ]leant /O:wrier.proffer "snot fo-convey to any other parry,
W-her than to Applicant/Owner and %qr, thee, agents and,.assigns; theportion of the. Property...and,
y..
option property which is the 'subject of the: -PPEA to allow for; the' installation of ;the 'Frederick
County Government Center for a. period, _`of one- year from ;the :date of 'f _e °approval- .&ihe
rez'o'ning: If n-&-_ formal agreement is entered into within said time period then each partyAwill be
released from any agreement;or obligation.under theftei-ins9of saidPPEA and the property,which
�s the subject of then PPEA Land tfi& option property •shall, `be used and. made ?ava ]'able -for
deuelo "pment as; B- 2zzoried.property wrthm'_'the Heritage:Commons development;
9. 'PHA'SING
A Applicant/Owner states and acknowledges that the�-uses proffered to be installed:
on the Heritage Commons Property are significant -and will take;a considerable amount of time t,
.,
develop :and install on ahe ;Property; It is,•:anticipated ,that.the imtiat uses`mstalled.w ll:.be of a
commercial use and ,nature, and Applicant /Ov<mer is commrtted to atternptmgito deyelop,;a multi=
,�,
family corriporient'at..the initial- ,*coirirriericerrient bP,'&velopment and construction: In response to
comments :iecerv.ed from the 'County agencies, Applicani/Owner 'no. more than 'four" hundred.
.7
(4 a rii and �4ih-, wi *hint�e, first: two -��,da 'dfldev- t�
i:esjdenti.`l,u -.ts will,be..,dev.0oDe,d,, t I years 6116pimen..,
with, the 'first the date `.,df the' approval .the rezoning; The,,Ternaining:
`residentiat ufiits will $0, .pr o' to be .installed with "no "more , th"An f6ur. - hundred -(4'0'0)
t6id6fial iiiiiffwilhifiAhe nextjtw6 (2)�,y -Jer
v , �qo -M, follpwihg.,, and the rema ning?residential units
c6hbtrcing no: earlier thantw6 (2) years after the :completion P .Zfthe eight hund r d
th th
re§ide-n'tidI. -a-nit.
-aa In addition, -App jicM iObWiiet; proffers Aliat' ,M :of be-f&e, fl*, 4te: tb,dt
Applicant %Owner apples f& Ani`O r' qqf yq� a e tnii :1 !construct
first: 300 multi - family.,
res'id'enti'al' units AP 0 -a
also apply fi-i"I"'d 't-a"in a;pern it to construct'. and a
-(eAftajk pf- cqpp apc feet of cbnubdfci' a ijb-1, B=Tbf B3)
property. k�Wise-,, -pp. of before `6 the date AJI -H, 0--
y. L pj
receives a PeniWjo
construct the, shall have either
4- �shall *apply ,fiq,,r.-. d obtain -,a: permit A and 'a, Certificate of
construct .previously constructed , 9
'ancy.,- for ';ari -add 0
cup, additional 56,dbo,:�§b ft-pro .66iiirnq8iat :w2 �h B-3.), prop t.)
v�arg feet
""d
-ddft,-`,n to, the .Land. Breakdown an
-Appliba�ht/Owner makes ,this proffer; to assure that iwa, i io. dy re
proffers pertaining , 16 uk 'd pn�sii y,and ffiiX 'that .there -shall b, e , a, .guaranteed 'minimum
' opmeAt.-of �comrn-cr. c ' iAl property . o cc u AingAt thd
residential Units.
of AN"
page
I , -i intentionally , ef aii-kj
'8
SIGNATURE PAGE
The conditions set forth herein are the' proffers for Heritage Commons and supersede all
previous proffer statements submitted�for this Property.
Respectfully submitted,
HERITAGE COMMONS, LLC
By: Matthew Milstead
Its: Manager
COMMONWEALTH-OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK,'to -wit:
;th
The foregoing instrument was .acknowledged before me this. J day of :OCR OhPJ' ,
2014 by Matthew Milstead, Manager of:HERITAGE COMMONS, LLC.
{ O AR UBLIC
°��e000aaoeejo0o,
My�commission expires-
-Re i§tration number ? .:•'� NOTARY��'
` PUBLIC, ; U?
REG # 7155256 "
MY COMMISSION;
p EXPIRES
?r 12/31120, Ze
�s
°j°o°o°eoao °°
9
8,150 , LC
' .a
$y Earl W Co1e;;.III `
Its: 'Manager-:
;COMMONWEALTH +;OF VIRGIMA-, AT L- A'RGE.
COUNTY OE FREDERICK, to wit:
/e
The foregoing °: instrument was acknowledged ;before: me thin l `- i day of
2014 by Earl W Cole.; III, 1Vlanager of R l`.50 `SPE, LLC.
10
-RI ASE COMMON,
.
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HERRITAG COMMONS
DE91G, S.MO:DIFICAT'ION' `TDOC'U rE,NT =- R,-OF 'ER,EXHIBIT B
Ju1y:30; 2014
`MO.DIFICATION ki § 165--�'50-:l-.'02-'.-R-ei6n ihgTf6�ed67
. I -I ., Pq
Ordinance Requirement:
In I,p_'.-,have ,land `rezohedr =to the R4. i'sttict- 'a p4fter d . b I opm ea plan meeting .all
g.a
q&q' itern'�fifs,6ffhis�.,6*fiek shall be-su6rhitted With r'e"zo'mJj-" libation'.
I.pp.
Alte'rnati've Ddikh' . SiSM aid';--
to order Distr , it . t, -a I pr6Mf6d''Gen_b'r'a-"l* �&])evel6pfnebt Plan
identifying Ibq, concept i'! heov6ra overall its rd]AtibnshiD.Ao,adJ' oinng,proper ies and.
Edjbmifig r dddw dy§ shall N6§-ubMitfed with fez6filp"g a'Pplica.ti'Oh Tle G&n` E6 I i ze eve Io-
ment
Plan ''f6r,'Heritage: 'Commons: xyill',proyik Land ;Bays to, ,demonstrate .-'tlie .proposed ,gerieraI land
use plan layout f6i, t e entire acreage. . T4& Proffer Heritage e,C ommons, vill-als
o,
'peovidea.- matrix ,identifyifi. gj_ h �Tq�identid .Vand . =nonresidentibIIand. uses.m4thih each Land Bay, the projected acreage off e-aidh` Land.Bay-and . .,A'6-, rcenftebfl re- s' identi'a"T and commercial . I . 1, a-n�il
n
JiAii.fication T6fModificatiO"rf;-
`"community 'qp ISO28'.+- acres ,,6fAa"-nd,`qqh " i, b6 `6 _- ple-idly , 4ster.-planned
pqu
-as ai condftibn of rezoning A,ppTpydl. These communities, are dynamic ?ddd to :the Aaieket!
iffier-eapre, the: ekd6f, 166ali' h of residential '-Uftits-int P rhAl - roads, 'n-d.igh.b&
recreational ,amenities, opp!i,sp
Ace an 'd
significant .eny'itqnment6l:f ture§,ar
_.e4jfficultld identify
at: this 'stage- in the process: Th&'Ap'--p 'Iicant"Shou'ld b- preparpd , t identify, f6fn tion
,
-comuni itd.'in form, decision', makers and
p:&jjAjiji , ..q.,ifie,pyeral planned
m
ng
interested,--citiken's 'h6.wfthe,`g,diitfal ISMUs& pdtt'e'rhis' Mnild . m 1. ajor road sy's'teffi_ will be clevqlOped'
should a re- be roved, The ,Oe of a
Get e�ra:liz'e'd..D-ev_ elb" p,m' � nt PI E am
:and Pioffdr
Slateffitht :as 2 too), for this pb 6se, ig 46A�drabl e. • as: it- contains' illdsteat ive ;;and general
development inffirmAfioh Jtha4, 6iii" assist ins understanding Ihe, basic concqpts. 'of a planned..
f6 ink i�,
(pmn)unity�-and �.,giiide<the�i-n6rc f6tinali�-ed-:Ma-stet,,Ddvdldpi�hdiit�,Piati- db W
116�v zoning
" Therefore; `A� egd th "at �66fi&-Wiied POO op neni Rlan be p
ied to function. ih,'the-place of -a Aediled MasterDev06pneni
Plan:t,:ddrift 'th, Tod'
.&,,,4 e ;rezoning: p 6 A
4�ter 'De'V'jp'lop* provided :sldbs�.
N mdfit:,Pldh will 1136, -6 e-;�6ijfig: �pprq. �prqqqss, o-
equent't N val
=ensure 3consistency ,,with ,s "ubdiNiig T iowdesigri_plans.and site design ,pjans,,w.i , thin!'A'fie-�pr
0j.
iVIODIFICATION #2 §165' 501-:03 Per-rrikW Uses
Ordinance Keduirement:l
"Al usesaare :allowed, _in. the R4 Residential Planned' Community Distr d that!are allow& in tf e.
folalowin`g,zonng disfTicts
RP Residential 'Performance:District
Bl Neighborhood °Business District
132 $usi`nes's General District
B3 Indusirial Transgjon D gT,,.t [,
MI. Ligh(Ahl ustrial District
Ate mative:: Design Standard:
The Mixed Use Commerei'al/Res dential Land Bay "s identi'fed_onJhe pfoffered 'Generalized
Development Plan, are slated..f dense urban commercial; and residential ;land use; °vi�hich` may
•i-nclude;commer lalrand residential land uses that are.locaied within =tfie s--am- d.ftf6 cturt. or,withi`n
connected structures:. 'No °M:I' (ligh "t indu "sir -ia1) uses;will lie permuted,:,
Justification for.M' 6cJification
Heritage. Commons is planned::as -an urban `center design form that Will *contain °;single-family
;attached, multi= family units commercial, retail:.:and office.;structures, and-. structures that:may
comprise'a torn inationsoflhe'se land uses Thevabilif' l` pro -de for..miaed -use residential,;and
e
commercial, reta'l andlor:cffice land;use.,��iiihin the;samestructure or: w�th�n connected structures
is.m keeping with urban form designs, which provides a;.very;efficient use,of land' and provides
gpportun tiesfor residents to live shop, and wotk.withinahe same area of their community'.
MODIFICATION #3 §-!O5'-501.05 MiXttjre.,qfHousihi
Type
: dihance B",Uitbrqeht
Each planned &6-mffi-UnitY,',sWl 46'1exp,'Octdjdlo contain `,a
. .Jmixture ,of hP s-ir.n, g types ,
I, h.f.
---isr�ypical
planned rqside fi6l neighborhoods; Ftedeti-kJUunty N0,rnbre: than:
of
the. :area "of. portions i,,df,the--.-pigtih�d.t-o"M M'unity'd6si' -I'd for - residential; -� sh-
gpac jises all' be:USO for
- . - I - . I I .. I . � � � I — �. 1,4 � - - be . !. - r
anY' fofthe fol!o n -hP-
YWgjyp duplexes, multipl xes,44jum"hou-Ses. weak: I ink—townhouses,
IQ.wnfibuses-, br,-gA:ed6I bin , atio - n ?of lio-ose
'A , lternative-,`Design 9tandhej-
The, Mixed
identified 'on, the ,-p ff&dd 6endfdiized
DtvejoPrh6ht.PlSn-4rd 'fliftiRd
ffi-r!d gns.q,pr ba- n�es en types , -
to�ac hleyq-t4i,s typ
q of
-,
urban-resi&nfial development, -single 7 family detac e d resi entia, u i i s,
-will.,60t'beitOuir6d-As a.
Otnponeint'6f-tM ,dsi8iential mix, and sing PT fq ily at
ta c :h c I and n'61 '6164a i_ ly resid. e..nti, al. units
will ts
rgsidential,ho, usin uni SrWI the - Heritage Co fird n§ -
Prq)eCt.
Justification. fo r, Mo d*-i fi `c:d i i'd ri
,Heritage- Cornrh6fts`i§: -,di5ntei design f orm that -wily contatn.isi &4nily
AttA64 'd' -'d lti,fai�il�i� hdus-ihg,. _units, wiffiim.a '=6 W5 retail and office
p� an.... mu iw use -.OoMmere
development The Residential Pldnh'd -
Coffffiuftity , i`s 6i onqt�ssu b y' rb,.an fe'§idenitia I design
fgi to that is' p�e-qninp q y-res-i en, 'with a m nimurn percentage 6f :ri&n--
res,i .. hti.M.hrid us.e..
The imblementati"on of
- ` ' , significant p, e-
rcchta-ge�s -of *'d'6fii` residential Ai6d use within H
erifa
ge
Cbm m &fi§ dittatbs the nee for higher Jd�fia j land use-to facilitate t is, orm of
14Q]?IFICATION 04 §165 501.06( C):•Res` dential Density
Ordinance. Requirement:
It`es�dent�al Density.: The = maximum aflowed gross density for ;residences in the: planned`
community =d eye lopment shall. be -four units ftr acre.
Alternative;Design Standard:;.
The M ixed Use C6mrner6'a' /Residential' Land Bays identified on the proffered Generalized
DeveI rn6rifTlan.are slated' for.dense urban residential, housing t}Jpes To achieve. this type of
urban residential development, the, gross densities specife'd in :Section' '65-402.' B for. multi-
family'.and sir= )64ihiily attached residential land "use sh "all be'permitted
Justifcation.for:Modifcati'on =
Heritage Commons is planned as`ran urban center design form that. will contain single' family
:attached acid multi family; `hou singp units: within a mixed, use ,commercial, retail and office
_.
development. The, Board`- of Supervisors :recently 4pp -66ved increased d'en "si'ties for residential
:development `within the Urban Development , Area (UD`A)` to maximize, t he -res i dential .
development ;potential :wit liint this` portipn •of .the-County The: 2030 Comprehensive Klan
identifies this' ,pro perty as, being; planned for employment and high = density$ res�d_enhal {12 =1;6
units %acre) land use;`fherefore, �t �s. appropriate to allowahis °type of residential'.density, within th-e:
!:.
Heritage- Coinmons�de�elopi?ent-
MODIFICWT - ION #5 - §I65- 501:06(D) Commercial & 1hd6iffidl Areas
'Ord
inmaqnrcceia;R
eoui'rer.nenIt''
dfl _andhdUst r-
J._ A.. I i 'af .6-as. 1, 7fic areas f-d`t
'c--brnthe,rdial bi-Iindustrial' §hdl[Jf&-Iexce6cC gross area-p e total he d community. S ^vffbi ertscommerciaFand industrial
areas shall ,be pr6ided'410 meet . the;n6ed's, of.'th.e"-p'16:nh6d'.-cdi-hm-u -:t 'n'it�- - 6 provide rd'
y, vi e an appropriate
balance `of uses and t6; lessen Ithe ,overall impoj of the ",l "ni�y on Frpclerickk�ouhty,
planned -COMMU
pt
A minimum of 10% :Qf---the gross area , t- h' e,projqpt .s_I ha']_ ,I." 'bI e-fsed T
for�l;us-ines'§L,,tfiid•industriaI uses.
AlietaAtive',Degi' n,'8tand'ard';
Gi,vdn the devise planni f
ng 6f,,U
.,,the Heritage: Q pm mqqs,. L �_ Rays;,.: he„areas,'tor'cbhhdrciaiArdas
may exceed and ShOU be- erfeburo'gedAd;- exceed- 50,%16`f the gross. I
area:: '. Further; Fuffhee; to be
consistent with the '.'C"ohibrehen'sivd,-Plin., ifidu,stiial.uses .,shoufcl noi,,b6en'cpu 9
ra ed.:and therefore
-
po,o d inthe Her'itagd.,C.,Otnrh6hs'Lafid-.B4y!�-. By, -doing this, tfie'*,balance i-'n'-ihe dbris6 are—as
will allow f6t. ;density r""
id htiM,,uses,-and wi'l J.'create. Land 8a t hat: lend' h"emseves -to
:Great in
.,g.% community-w ere,'rbsi&hts ,can tftil.� live -Wdrk'an'd p'Hay'"a"ll irfIlie ffib 'i immediate
rnrfie Ate .,
-kd Table has beep 'Heritage: *' -nmons.
mmun ty.: A'LAhd 'Bay re�qli OINYP. incorporated fnto:the :Coi
,Py6Y ffer Statement . to demonstrate; 146 n � i i, i in um and ffia6m-bb for e6hmertial and
• "residential development thro:ughou't'ihe " project,
JUStIT-660fi fdr -MbdfficAti&n-
A!dbrisely, planned community n a ifd that is designated under.' the p`rdfierls'ive,.Plan as-
such sh6 Id: r. hijher p6rcentgp m 'ix, of iven the, intensity and
idt uses �thby- 'would
7of commercial "f th"
exient 6i more harmonious q ey were mixed in with or
AdJjq"e`fit .t4; higher density resi entiii developmefit' TfieGener'a ze d DeyeQpffibnt will
depict - .'the - 'Landp,- B'-I 4y- s,W. her " e;'J t'j ig, a- htit "ip. dte4, ,tliat.the Higher di n s :t y r- e� s"id'" 6tiad l an d commercial
uses 1.
rcial
Will be mixed and ad so areas," 't h dvwill be cesjgqatpq, purely y'for-,cpmmercial., With the
,
-tp
rsp'oitai ' i ,
'ov-neiw. o. rks . 4 and"p becti. -. ,ity470 Ihe,La!id`Bay 9: hbW
eVdr
, it anticipated c!pate-d (h
6t_111e
A UNjiy levd brfe s ide r qes,, commercial shopping, laid "out -so; that;the
;rqsiderhs.. will be able �back' and
-
f6rth between uses 4ifd',n`6t.., heed. Us-d --the-ir
automobiles P.acc,e,ss't e'se facilities '
7
]MODIFICAT.ION #6 §165.5,OI-.'Q6(E),.Q'nen;SPaci:
Ordinance Requirement::
'Open. Space: A m 'in mmum ;of 3.Q% of the gross area of any p•ropose.d: develdoment shall b "e,
designated as :common open•'space.,
Alternative'Design Standard:
A minimum of.15% of the gross areas of th'e Mixed Use 'Commercial /Residentia) Land Bays.',, and_
l00% 'of the ;gross: area iof'.the' Buffalor Lick Rurr Stream: Valley Land ,Bay identified on -the:,
p "roffered GenEralize8 "DeyeloprimentTlan shall be;d as;coimnon open.space.
Justification -, for. Modification::
,Heritage Commons: is planned 'as °an •urban cerifer °design form ihat will contain sip- g-'le'-'E -I'
:attaches! and ;multi family 'l19using units within a mined =use ,commercial ',, retail. and office
development This type of "urban center design. provides opportunities for indoor and 'outdoor.
recreational amenities: and',fkilities,, pedestrian sidewalk;and trail ystems, central plazas-.and
squares; small, exterior urban scale green space areas; and rooftop green space or, rooftop
amenity :areas,; therefore,• vast expanses of green space =_area ,are. not, conducive for -this type of
development. The location bf open space area's and..the'types" of iecreatiori 'i amenities will 'be
identIfed on the Master Development Plan;to_ensure conformity, w tli ordihance.requirements:.
MODIFICATION'. #7
greening !
b itcinarc e keabifer&it-
jBqffcm,anO-.Sctee nin&, 8uff6t§ ..and scfedrihg shall be p'royide'd, b" e — ee
n various uses and:
:66u'sing,A, -if"th according=
-ypds,As .-p.usqs.,
Ac'
to;-th*&*-uses allowed. i'if thok.,districts. Buffers and `screening—'shallf be �p"r-pv"ide'& accordingly as'
sp-p-c-fflje-d in S66tion, l'-J6,5403'-'."02- of this 'Cha tbr. Road effibienw.buff-ers AAII.bq-
provided
ac.c.otdingtptlierequieements,,Of.-th-at,l,,,��e-ttibii: �l'n��'iidditibfij'alo'q$'the-pbiiffidter-b6undAr,,�,6f-,t4e
Ris D
tial,.Pldfih'6d Commun!t-y...t �a`nd screens; shall be, prpvjOecl in, relation, to,
&'Iie� uses.-inAhe planned' "'Y' Were,* Wdted',in: ":the RP, 131i *132, or
a jo 'tle&� - . I - I I cbmrrfuhi
i, ng;;PTpp'0 45�
M;] T,,-Z6'fiing,'
Buffers and ahajl U prov'vi i&-8 along jhe p` b -' -d
_erimeter- oun ary of ih6 -R�es i denti Al",'P I an tied
grykmup!ty District where-proposed Commercial Retail andi'Office,Iand, Bays a dj
oiwexis ing
residential land dge,. or whire single 7fjffiily,,attached
4fid: hibitifi ify, f-side`nti'ql units qdi6in
existmg "-,fdfhilY,, detached - r use. Buffers. -and screening shall. be provided
Lpsi0entiAl' land
;accordingly as. spe ied ,in S&tibr- .1 .203.02(C). Section 16 5-203, 02(D,), AM 'Sectioh 1.65-
AdHid Co' ffirn' o' h 's- I -s', p" I "an n-c- -d as an "-urban" center - design op
§ f i that W i I I incorporate mix e
commercial and resicerifiaf" d'u8e.., i mm6d Jai e-ly',,JdjA(dit,to each .,other Ufid.' uses Withih this:
f6fth of development; are, intdhd6d'tbr be d "d insia&es. located within, the-
integrate and some
same structures,, thi!refore,:.the -,,recuirlem.en.t.,,! brinternal,:buffers Andsdfeem'n'g':"arembt p ractical in
Achiie'-yihig. tfiis'--Ivy-l-e' of -Affbdii dd'Mgfi"., The 4Ft6ftfAfiy' e gri stan dkd: proy-j d- ' T 0. f- adeduAte
kiuffers;and screening along the perimeter; f'
.Hetitage,'Cbmmo),s�,proj,e-cttO!::protec--t,existiig
-resi&ntW.landusesi. 9 stah6fd'is,66i. applicable sj&ntia
separ ation � 6 ffdr- " afid t6hi'fig Ui-irc ' ' u ers dtilizpd.iJ`n. other" portions
Urban
z t
De oppc4'. Area.
;,MODIFICATION #$. §1'65= 501,06(I) Road. Access
Ordinance RNaieerr►ent
'Koad.Access: A•11 planned comiriunrty developments, shall have direct access tg;-an a, h-' al o "r
collector road. or to roads :unproved to arterial', or col_lector--;standards 'The 'plann_ed community
development;shall be;;provid'ed wit}i a�com ,plete;systern�::of`pu6li'c streets dedicated to-th& Virginia
l? f- . tin ent'ofTransportation.
Alternative: Desi'�h 'Standard:
The proffered Generalized Development; Plan . -shall provide for major collector. road systems
identified m the Comprehensive 'Policy, ;Plan, which, will ;be public ,streets dedicated to the
Virginia Department of,Transpo'rtition. ,All other s't'reet systems located within the, Heritage
Commons development may', .be .designed and; constructed ;as p :streets; which' will 'be
maintained by <a master association or�sub= associations created ` duimg`th- e;'subdivision desigp� and
site, plan de"s"ign process All private streets shall be :designed i1wgeneral to meet vertical base
:de� 9 1 g n s ta n d ards-Ir, utilized by -ahe Vi tt inia�Deparfinent °of Transportation. based_ on projected;trafft
volumes for the iden"fified land Oks within ,the. °project All, lots, created' w.,ithinAhe ,H'eritage
Commons •development maybe located'on; private streets, which'=shall not:'be.6ubject to distance
Ii'mrtati'ons from planried,puf.hc streets wi`t_h,m xle pto�ect.,
Jus'tificati'on for-Modifcatiori':
HeTrtagerCoriiinons`is;,planned as'an urbari•center des,gn' form that•wi.11• contain ;a. variety ofstreef
systems, thaf. are designed in general to; :meet. vertical base.- design 'standard's•: utilized by the:
Virginia Department;of Transportaf:on based on;proieeted traffic volumes for the_ identified land
4.
uses, witl in the protect? The.ability =to utilize private street, design will provide design flexibility
throughout the project that would otherwise•not be practical due to!•rigid Virginia Department of
Tt•ansportatwn's`trecf design, standards The ab.il'ity to ufilize •pr.ivate:street'iiesign, will also -I ow
for mnovatrve storm' water management' low impact design and landscaping, d'esign; t' assist in
meeting water :quality measures for the project."
7
1
MODIFICATION #9. §1'65= 501:06(M)Phasing
. :Ortlinanc'e Requi'rementa" .
'.basin A;scheduleof bases sha
P g. p 11 be�submitted with each proposed'planried community.. The
schedule sh "all specify the year ;in which each phase will be completely deyeloped. No:
subdivision or- site plans 'shall be approved in the plarin`ed corr►munity unless they are in,
accor "dance:with the approyei schedule:.
AlternativeiDes� "Qn�S'tandard -
k Phasi "ng Plan, and .Rhas ink, S6eduI&i§halI not be; eequii•etl for;the Heritage Commons,project.
Justifcation,:for Modification:
Heritage Commons =is•. planned asvSfi °urban center design fonrn'':that will cont'am mixed land use
.including sommercial,,:retaif'„ office; single= family, att_achedsand-,multi family,housing un,ts:w,ithin
a masterblmn'ed.project. Heritage "Commons exceeds thescommercia'I; retail aril office land use
percentages; from conventional residential' .planned _community projects;, and= may incorporate.
:mixed commercial and residential land use within 'tti'e same structure . Therefore, 'it is not
practical to require a phastr g schedule antl ti me Line. -that limits -the ability for. the prgject::to
deyelop; as thi'swiIVbe aictateS. -.6 market conditions:
�f
MOMPIC'ATION #10'
.,§165-201.03(B)O'HeigO,Lihit s ,
Oh 02 Dimensional and jhtens ity
Requirements
Ordinance Rdhuir&rnehf7
General office. buildings, in the B2° and m'Otel-bulldings,Ah the B2: -gid., B3 Districts. And hoe, -a
pt I--
zoniiig.-,DistfFict,.,- shall Ue� , th 6§6zib irfk.*O i AH dts
In no
Afia. ' ll IM � -K"6-`'hiI -f,'- - such _ b- U" . ilcings.:exceed I ' ,60—feet. .
ftn
(h -exemptions, are
,
prPPP SO Adjacgnf'to . existing residential uses, the Board of isors §hhil review the sitd
development plan prqvJ�!oh%of,Secfl bnI
Altern'ati've: ge §i gn ;S tan darcl:
66mrne-rdial. buildings, bulijiihgs- office bd I il d I i ngs jr.-
h'60
!
*bu i I d I I �jg:q, and shared commercial
a
And residential be -constr c c'up.�vV feet in ,,height; snot tointlude-at6h'itbctora, I
,Screening 'features .:atid'4ntefihA�..��true'tufdsI Addl
antenna "I bu`ilding's--, retail buildings;
hotel b "'Idings,, and, shared :commercial :commercial iand, •residbnti'al 'buildings- may, be
�.,., .1
Oevelop,ecl,with,a floor
'Ju"stitic6tion for Mod 1'ficatiqn..*.`_'
Heritage,; Commons j5,-., planned, -,as a4 „'dense;,,:U'rbo(n::cdtitet,,d"e-s'igiI "f rib that; will promote vertical
construction throughout Vthef'P Foi e"ct T
h P A5 -1
ity t6,c'6hstr6di"bui Wings -to- 80 feet In, height is
.-coh§isteni with the .height allowance buildihg Which: Will be.
._...wanu7f6n -multifarn'fly, xesk entia�l'
developed pe'&* Trojec er_-?, . o , pjp , &dis--i”, -.with*ifith'6 Clbuhi�.-,allow l.,-'f6r,;office'buildings,.
and 0 ithih-tlie- `t' Offi
tricts
other -sirucfuresi6 be�cohstrucWlu -4
p to �90.:f�ptjn' - he i,ghi an.d allow 6r a. fl Qdr.arta , tb; l6t4it6
.ratio .,of "1 the 1, -HeH. tiI gI b eI 6I m : fficns urban center As 9R
is co ... i , s , i , dnt'withthese
-in-6te i.ri.tdfiqiyg?types;6fd.tveloi)ment-.cur ii�"tioun't'r� 0-d''
currently perm e
MPPIEFICATIONIM -§165z-4.02.-,09(J)(
#1) Mult4amily kesidential B u iddiqgs
Ordin'ance R6ciukem—&nf-.
P'6hc*ip'al b-bildin—g- tha a- mu Ituar "I x- es"i d n tia' I'tUlding. maybe erected
f6 :a maxim(itbsdf"8"*O'-Ifeei'if'it is' set ,back*orn, road, rightzofz ways ,an&'frotrf lot Ai"nes in-addition to
'each Hof a distance of 16"" than' Oift Wit f6r each 066
,yard--diffieh�i6h§, di— �-of fibt-, s.
'fqof,&f-li6ightIka:t ii cxceqos,,,the sbeiY40of-limit;
Alternative I)esip,h,iS!a'6dard:
C6nfte6cia'l'bqi *ldi' ngs, retail bdildifi te bL,i I
and" shared commercial.
.,and 1residential. buddih gs,=nay be. — o rfstruc'wd,wifhi"n N "feet of 5bWiC
private
ee . sy
P., ,,s ern.s
'serving -' he corrimurity':
Justification "for:. Modification:
J4 etitage Cdntholis. is Olafn'rdd as 67 dense , ur ba" n center" design 'fio
r that ivi.11 ,promote vertical
construction - -throughout the 'project: Thais design form should. provide flexilil,ity :to, promote
hiii Wing toffsfrudtion'tiiat `56uff Wide. led&§tr.i.dn- walkway areas -ihk adibih PLIblic, and private
st rpe— t §Yst m§.-
'Urban center degigq prpmqtOs build -to setback lines: which 4te not proposed asma
-
requirement. -o" r- "e-, d age, onnons-- lt&rfid
this;
f6fi-ri of desigg should it be des�red.by therdeveloper of t}ie project;
N10DIFICATI , N -02.. §165 4002.09(I):ftdified Ana'rtmentBuilding:
Qfdmance Requirement:
This housingytype cons ists.;of buildings that contain`mtiltiple dwelling ;units:: °that,sl are a cornmon
yard area The entire= dwelling_un'it does' <not necessarily have to be on the same 'flbor. Garden
apartments shall beat least two stories High b' -.no more.;than fourstories.and shall contain:six or
more;`units ui a single structure,: noi.to exceed �1�6 units' within a single structure: Dimensional .
regwremenfs"shall hems follows;
<A. Lot = Dimensions '
A l Maki mum', site impervious surface ratio 0 6Q
Building Setbacks
13''1 From public road right of =way 35 feet
i32 From prwate road,r 204eet
driveway.
B3 Side,(per.imeter)= 2Q,: feet
B4 Rear (perim ter); 25`• Feet
B' 5s Rear for balcoriib& and decks: 20 -feet:
b Mfini',mum.on site building spacing Buildings placed side to sJde shall_ al I
have a m�n�mum tl�stance of 20 feet< between buildings; .buildings-placed•side,
o.tba&- ,shall have a minimum dMdree of -3,S feet'l etweeii buildings,.
Bujldrngs back to back shall „have a- minjmum-disiance 6t..50 feet between
buildings;
C. M�nirnum:Aarking, _
C l Required off stree "t °parking, 2�per u _nit'
n•::a�e.igh� _ _
D.l Principal :build�ngr( max) SS feet.
b2 Accessory.building`(maxjµ 20;feet•
Alternative Design'Standard,
TN's housing ty,,pe cons!sts Of 6 Idiri'gs that contain multiple dwelling; units$thaishare a commpn,
outdoor area Dwellings can .be on multiple floors with buildings >being at least two stories but
not moreAlfdi six stories Dwellings can have infernal -or external corr�dors:atj .jscretio_n of
the devel' er Modified a artment:'_build�n' s sha
p p g 11 contain a mi'njmum of 16!'dwelling units but
may not:ezceed more than 64 dwelling units within a single structure.,: Dimensional requirements;
shall`be as follows;
Dimensions*
Al Maxi►num; site impervious surface ratio, 0 6Q,
b-.,,BLiilding $etb6c-ksi-
Bl]'F16hi� u
.p bli&r-o'a-d-'r-,jgh!L'o-f
20166i
B2 From private ,rqao'e.i , ght-� 96way, off parking ., .$ireet-p lbi,,or-.�.(O`.f'e'et:
driveway
B3 Slide (per:imeter)
15�feef
f34,Acar-.'(pq jim
06M ih:i`nfO ffi on s j t-d'bU i I ding spacing 1-5
back,- 13 feet hack to `.back
feet sidd, W side, T5 feet-side t6
C. Minimurn,,Piarking
Cl bjq-ired��of f-m'strcet;park i n 9-1 -
'2 - per un'it,,.
in-'q.Iq5Jy, f
ara ge,
D,,'Height
rincipallyi
pl -:6 'ild rp
..,.i,ng,
I I
feet;
02'!,�,,,Ocessory bui-Idin&( Ax,)'; ,.A
iett.
D3 .-'Mairife-fi-4ft6 - b-Uii Wing a'
f66i,
,.Jbsiifitaiion"f6r-.M�odiPi-'-ca"t'ion:
Heritage Commons is planned as ,ade` nsem rban �cen'terd s"Jj" g -
."form,'t'fidt: IlVorornbter
na,
sging,,Of
d difin g units, throughout,:thE prq I i design fioUld-pr6Vid6 fexibilit� t 0 Ofdmo
buildmg.construction -that.accommodi - te te num b drof, 'w iq&.Anqs within in asingle
structure'.. Tlie,,di"m'e'n-'sibba:l ;requirements "-i
provide-dfo'r. the Modified„ ,,pqrtment,8uilding,!i6hi�;-ye-
ti, g� P, d d�
ppropria -e, s6tbgk-s for " &
siting buildings And, pr�*dtion o -a joihifig, properties, while
iftbr: esign". orm.
'idi' g.defigitie�.rhb*rd ifi-keopi'ng,.,�k�ith4a'deh§'&-,ue.bah cc
,p.rQv, , n.
HERITAGE COMMONS
EXEMPLAR ROAD SECTION-- PROFFER. EXHIB'IT-C
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EI`N rrAGE COMMONS PROFFER' STATEM-ENT
R EZON IN.6 - 'RZ# 02 -14
Rurall Areas (RA); Business General (132), and Residential
Performance (RP) to Residential. Planned.Comnlunity District (R4)
PROP.CR`I'Y: 150.59 antes' + / -;
Tax Map Parccls #63 -A -150, 64 -A -10- and 64 -A -12 (collectively
the "P.roperty ")
RECORD OWNER: -R 150 SPE; LLC
APPLICANT: Heritage Cornrnons LLC ( "App i'cant ")
PROJECT NAME-.. Heri.tage'Cornmons
ORIGINAL DATE
OF PROFFERS: September 6; 2013
REVISION DATE(S): August 7 2,01°4, September 18, 2011-4,,Oetober 9, 2014, October 29,
2014, Noverriber 24, 2014
Executive Summary
The Property was originally rezoned in September. 2005 under the -name of Russell 150.
The Property has since changed ownership and the new owner wishes to rezone the Property to
Res denfial Planned. Community D'i'stfict (R4). The undersigned and record owner, Heritage
Commons LLC and R 150 SPE, LLC their successors and, assigns (collectively
"Apphearit /Owner "), hereby proffers that the use and development of the subject prop -erty shall
be in strict accordance with the following conditions and 'shall supersede and replace all other
proffers .made: prior lier-eto.,Lt I further `the statement and intent that -with the acceptance of the
proffers contained herein any, and all ;pi for proffers affecting this Property shall be deemed null,
void, and terminated. In the event the above - referenced amendments are not- granted as applied
for by Applicant /Owner, the below described proffers shall be withdrawn and be null and void.
The headings of the proffers set .forth below have been prepared for convenience or reference
only and shall not control, or affect the meaning or be taken as an interpretation of any provision
'of the: proffers., The Juiprovements proffered Herein shall be provided at the: time of development
of
that portion of the :site 'adjacent to the 11rn pro vein ent, unless otherwi -se specified herein or by
applicable ordinance:
References made to the Master Development Plan, .hereinafter referred to as the
Generalized Development Plan dated ,August 7, 2014, as required by the Frederick County
Zoning. Ordinance, ate'to be interpreted to be references to the specific Generalized Development
Plan sheets attached hereto aiid incorporated herein by reference as "Exhibi't A:"
The exacf. boundary and acreage of each land bay may be sli ffcl to -a reasomable degree
at the dine oi sife. plan ;sLibniission f-or each I�.rnd hay in order lo.aeccnnmodate engineering or
design considerations.
Applican /Owner is sribmittiiig a Generalized Developiilcnt ,Plan; Ixhibi't A, as part of a
rezoning application. The - Qenn ,ralized. Development Plan is provided in lieu of a Master-
D'evelo Pill ell i, Plan and contains -all Hifiormation deemed �ippropriate by the Frederick County
Pla tniog Department. 'The Generalized Development Plan does ;ilot eliminate the r1equ1rcmcnt
for a Muster Development Plan for the portion of I-lie site to be developed, which will be
provided following rezoning -approval of the 150.59 +/- acre site..
DESIGN MODIFICATION DOCUMENT:
In order for Applicant / Owner and Frederick County `to impl6ment this Residential
'Planned. Community Di- strict, it will;, be important for Applicant /Owner and Frederick County
Planning Staff to have the `oppoi-tuiiity to anticipate incorporate and develop new design types
and configurations that may be suitable. Applicant /Owner proffers that all residential units
within the development shall be market .rate. Market -rate. is 'being proffered in order to
distinguish the mirl_ti4arn ly apartment units that are being proffered in the Heritage Commons
community from the existin g n-mlti- family apartment stock in Frederick County as of the time of
the filing of this rezoning and Proffer Statement. This market -r:ate concept is further elaborated
upon in the market analysis subnaiated: contemporaneously with the Heritage Commons rezoning
authored by S. Patz & Associates- Some of the new design types and configurations shall
include the allowance for the installation of market rate multi- family immediately adjacent and
in some cases in the same structure: as , busi'ness (commercial) uses. Applicant /Owner has
proffered a Design Modi.fi'cation Document dated July 30, 2014; that is attached and incorporated
hereto. as "Exh:Nt B." Pursuant; to Frederick County Code § 1.65 - 501..06(0), the design
modification "s set forth in Exhibi't.B shall apply to the Property.
In addition to the; above by approving the Amended Proffer Statement, the Frederick
County Board of Supervisors agrees w- ithout need of any further. Bo:ard of Supervisors ;or
Planning Department approval to any modifications of any matter- which has been previously
agreed to and therefore approved by'Freder ck County. Further still, any submitted revisions to
the approved Generalized, Development Plan, and /or any of its requirements for any development
zoned R4 'which affect the perimeter of the'-development or which would increase the overall
density of "the development shall require the Board of Supervisors' approval. If, in the:reasonable
discretion of'the Frederick County, Planning .Department, the Planning Department decides any
requested modification -should be reviewed by the Frederick County Board of Supervtsoi-s, it may
secure said approval by placing this matter before the.Frederiek County ,Board of Supervisors at
its next regularly scheduled meeting.. However; and notwithstanding what is stated above once
a modification has been approved. administratively, Applicant /Ownef shall `not be required to
seek, approval for any subsequent similar modification.
,2. USES, DENSITY AND MIX:
A. (1) Applicant /Owner shall develop a mix of unit types that include, but are not
limited. to, single - family attached, market rafe multi- family; gated single- family attached, market
2
rate gated-rinulti- family; shared residential and con-uneicial uses. The fol` owing list in (2) hciciw
cont4 ris. those uses which could exist within the I?ropei`ty.
(2) 'ihe following list. of Land Bays within .the Land Bay Breakdown Table
sets forth the general develOpni'ent :par-arneters on, -the Property, :an'(1' is Consistent with, the
proffered Generalized Development.,Plan identif ed its Lxhibi't A- "The dev.elopment will adhere
to the land bay breakdown depicted in the Generalized Development Plan and the Land Bay
Breakdown Table.
1 -;AND
POTENTIAL, LAND tISE
APPROX.
RESIDCNTI-A1,
COMMERCIAL
BAY
ACREAGE
MIN /MAX
MIN /MAX
ACREAGE %
ACREAGE `%;
-1 — — --
Uses allowed, in BV 13' -2-
7.51 acres
0 %s M IN. .AC.
100 % MIN. AC.
B -3 Districts and D'esi.gn
0 % MAX. AC
1.00% MAX. AC.
Modification Document
2
Uses allowed in B' -1 ; B -2;
8.03 acres
0% M.-IN-AC.
10.0% MIN. _AC.
B -3 Districts and besi;gn
09/o MAX'.. AC
100% MAX. AC.
Modification Document
3'
Uses allowed 111,13-1. B 2;;'
9.7.3 :acres
5 % MIN. AC_
5 % MIN. AC.
B -3; RP Districts and
95% MAX. AC
95% MAX. AC.
Design Modification
Document
4
Uses .allowed .in B--l; B 72;
21.94 acres
0% MIN. AC.
100% MIN. AC.
B-3 D:i'stri'cts and Design
0% MAX'., AC
1000/. MAX. AC.
Mo.dif'cation Document
5
Uses allowed in '13=1`: B -2:
29.91 'acres,
80 °/n lvt=1N.. AC'.
1Q" 10 MIN. AC.
B -3; RP Di`stficts and
90 % MAX. AC
20% MAX. AC.
Design Modification
Document
_
6 -
Uses al.lowe'd in B -1; B -2;
6.83 acres
0
01/o MIN. AC`:
100% MIN. AC.
B -3 Districts and Design
0 % MAX. AC
100% MAX. AC.
Modification Document
7
Uses allowed in B-1; .B -2 ;.
53.95 acres
06/o MIN. AC:
10% MIN.. AC.
B =3; RP Districts and
909/ MAX. AC
100% MAX. AC.
Design; Modification
Document
Buffalo
Open ,Space; Trail System;
12,35 acres
N/A
N/A
Lick, Run
Utilities; Road Crossings
The - actual' acreage identified, for each ,Land Bay is based on the bubble diagram calculated on the
proffered Generalized Development Plan and may fluctuate based on final survey work.
3
h61- 'pu►J�oseS Of Calculating density pur"sLlant: to the Frederick County Zoning
Ordlilance, all dedi'catons and conveyances of land ;for publ -ic us' e and /or Tor the use o.f the
development or any Homeowners Association shall'`be credited HI said calculations:
C. There shall be a, unit cap of l ,200 residentia'1 units within Land. Bays 3; 'S, ind 7
to include up to one hundred cigl ty -four (184) t0W1111o1:IseS on the.Property and any townhouses
will .only be built in hind B,-Ty 7. 'There are no -111110S 0111 the ;percentage oi- sdilaie feet of
business; cornIIIcrelal, .ofi -c, and. /or• retail development as referenced above other than the trip
.generation limits set fortis in paragraph 3 herein.
3;. MULTf- MO'DAL, TRAM P012:hM ION 1MPIZ`0VL_MFNTS,:
Applicant /Owner agrees to I .nstal'l the road network that is depicted on the Generalized
`Development''Plan pursuant to the spedfic locations which shall be deterllined as a result of-tile
collaborative effort between F ederick. County and' the Virginia Depai` meat of Transportation
( "VDOT ") working together pursuant to Project Adrrlinstration, .Agreements. Said Project
Administration Agreements provide for the installation of a. bridge over'l -8'1 which connects to
Tevis. Street; a. traffic, circle as is depicted on the Generalized Development Plan, two roads
which run across the. Property and connect to Route 522., one across .the Glaize property and the
other across the Property, and a section- of Warrior Drive running to the south from the traffic
circle. An 'Exemplar Road `S'ect`ion 'is attached hereto and incorporated herein by reference as
Exhibit C. " Appli.cant /Owner proffers that subject -to specific details which will come as a result
of the work conducted. and directed' by Frederick County and VDOT pursuant to the Project
Administration Agreements an, exemplar of the road sections_ that will, be installed on the
Property for the segments of road that. are depicted 'on the Property is shown on the Generalized
Development Plan. Applicant /Owner also proffers that the bridge will be installed pursuant to
the aforerrrentioned Project Administration Agreements and the cross- section and details of said
bridge mil be dictated. by Frederick County and VDOT pursuant to the terms of the Project
Ad- ministration Agreements. Applicant /Owner agrees: -that the road section will be in an
ali.gnrllent and. a form that meets VDOT`geometr c design standards. Sa_yd cross - section which is
referenced. in Exhibit C does include sidewalks and bike paths as well as two lanes of travel in
either direction with a raised- median •s'eparating the travel 'lanes.
Applicant /Owner agrees to .enter: into a separate binding, agreement with Frederick
County to, provide for the re'il-nbursernent of Frederick County's share of the costs to construct
the road improvements on the ;Property and the bridge pursuant to the;--terms of the Project
Administration Agreement. The separate agreement between Applicant /O,wner and Frederick
County shalt be memorialized in a document entitled Revenue Sharing Agfeenlent.
A1r1 points of 'access and connecting roads; driveways, etc: on the-'road network depicted
on- "the Generalized Development'Plan are for illustrative purposes and will be as approved by
Reder rick County and /or VDOT at such time as the submittal 'of-site plans for development
within the Land Bays. .
Warrior Drive is intentionally depicted on the Generalized Development Plan as first a
section of road, which will be installed pursuant to the aforementioned Project Administration
Agreements connecting to the traffic circle and second to a distance to the south that will. be
dictated by the filial road design being conducted by Frederick County and VDOT but not less
4
° than'4O0 feet_ IT is anticipated that the Tern airiing portion tit Wariidr` Drive will be installed
pursuant to, a +scparate:Project Administration Agrccncit by:aiid between Frederick County and
VD07' and 'that as part oftha "f'fiitui =e Project Adim'nistration A;gr,eement t•lie exact: aCignment will
be eagfncered and detcri»incd, by li;i edc rick County and V'Q.OT to pi;ovid'c connection to a feittu e
Wari-On Dri °Ve to 'be :installed on ;the P_ruperty to the sc�ttth. ht is lurfhcr proffered that
Apph, cant /.Owner, shall erifer into as;cj rite agreement, with Frederick County to pioAv de for'the
uc'fm,rui5ui ent ot, J °>ederick C'ounty'.s share of the cost to constittct t•hc ;emaiairig portioi s. bh
War ui,it i °Drive on 'the :p "rol) euulei the: afoiementio t•ed R-ole�et ,Admi:iiistration Agreement.
Chc t.na >l design of the Ptitriic',W'arrioI Diiwe w:i "11 bc, d'i :stated by Fredc,ri ck County and VDOT
.:1) ant to 'the term's; of the P'fc- jecf A' iniStration. A.greemen but Appl`i`c, nt /Owner proffers
that said design wif],, b:e in ;substantial'. conform_aiice..to the d'esi`gn -and', cross - section which . is
attached. °and incorporated as Exhibit' C unless. btherwi -sc rriodrfed by Fr:ederl.ck County and
,. VDOT. Applicant /Owner pfo.ffei.s and :agt-.ees to dedicate. a. rirgl t =of -way at. such fine as a
dedicatable (..e. metes and boitndsdescrip6on) tract of land h_as been established and which dial]
be as agreed to by Fi eder.i'ck County'arid V "DOT:
1`11, addition, Applicant /Owiler :has been :made aware 'of and'.ieceived copies of traffic
studies performed by V'D'OT which confine that the revised,, road a'li'gniicnt as shown, on tine
attached and incorporated Gcnerallz , Development Plan is, `more, than sufficient to address not
only,lie impacts cotnang;frorn and `beings generated "by the. proposed d.evelopinent of the Heritage
Coniiiions, s fte, but also• will:.a•ccbmillodate anticipated through trip's > as a result of'coi strutting
through connections (two -to Route 522; and 'on:c to t'e City of Wu7chester at evil Street).
Notwthstaid,ing the same and ia, order to confirm that the; volumes of traffic be�irg
generated by the build out of the Heritage Commons commun °t.,y„ Applicant /Owner does proffer
that there W111 be no. -more than, an, average of 23,;177 'vehicle trips pu "day generated from the
leritage Commons si e,: Sai`,d maxrmui�i vehieie trips: ensures tli°ete. is no increase in trips
generated as compared to. pirot`'traffic `studies conducted. for trips generated by the prior 'Russell,
f50 developinen aid s.absequefifMudi;es conducted b.y engineers working. pursuant to the ieiuis.
of the Project Administration` Agieemerfts., The maximum i umber'of Vehicle trips is. assured
because Heritage :Commons 'is proffering a blend of cotnniereial uses "that ;are more office and
less i;efail'. By providing for' a cap an ,a maxianwia of coinmerci`al uses there is no heed, to
..
conduct any additional traffc•_sffdies to address -any potential .traffic irnp'acts being gelner-atedby
the. Heritage C,orlillons devel'optnent`:. When Applicant/Owner reaches, the maximum of vehicle;
trips per day'(an average of 23,x177 or greater) °as, determined `by the ITE, 1Vlanual ,resulting from.
development at fl' le .Her.i`tage Cornmons site then Applicant /Owner "shall condlikCactual` traffic.
counts to d.etenn n'e i_f' the developed .properties within Her. - cage Commons are generating pan
aggregate of 23,,177 `vehicle trips per d_a„y',., 1f as a result of the actual traffic counts it is
de,tenriined -that the :developed. properties within the Her- i:tage "Cori s site are not_ generating' in
r.` excess of °an, a-veraget of 23 177 °vehicl °e trips per day then At plica�>t /Owi*r may proceed and
develop additional quare `feet :oT corm �ier:.cial and /or residential (RP)" uses untiJ. such time that
analysis -using the 1TE Manual' determines that the proposed additional development b "y
Applicant /Owner�shall generates excess of 23,.177 vehicletrips per day (iii the aggregate for the
Heritage C.orritrioi s si "te) and .*.actual vehicle trips as counted by Applicant /Owner have in fact
"exceeded an average of 23',1'77 vehicle trips per day:: After the, Property has, in fact.,getierated• "iii
J" excess- of an average of'23j 77 vehicle trips�per day then. Ap.plicarit /Owner agrees to conduct a
traffic study for the development of any remaining undeveloped portions 6f the" Property and to
'5
install wliateyct` to ;ad irn -to uen ents a :c deeincd to b:e i�eccSsaiy as.,a, ;i:csultof any conclusions of
the AA61— nentioned traI, lc stud=y,.
4; STO.RM'V A TER QUALITY MEASURES:
Applicant. /Owner,hc► ;cby p►otf�ts that all business (cc,fFnnT c a]) and residential site plains,'
submitted to Frederick L'ouiity will, be designed tO implement Lo`w,.hnpac;t Development (LlD)
and /or Rest Manabemciit. Practice s (I3MP) -to promote stormwater quality m=easures. A statement
wrll be ljro.vided on each business (c>omit ercial) and iesidcnfial site plan ide�itifyiig the patfyor'
parties respcinsble for maintaining' thes'e LID anti %cii B1VIP facrlitics ,as; a condi i.on of site.` }flan
-r. approval.. ,
App ;l caiitlOwner herey pro i`sl a nQ d" stu -baiice easein:ent v,%ithrn the
Buffalo Lick Run Stiearri Valley that,is depicted on. -the Generahzed. D'euelopment Plan. The
purpose of this no disturbance, easement is to prohibit' developiiient_aetiviti ;es within the business
(;commercial,) arid' resl_d'e Thal I-and bays that are lo`c'ated w thin the defined area.. The only
anprovements that in, . ay occur within this no disturbance? easement will i aclude road and
pedestrian. crossings, utility installations, stonnwater ;management; fa6,, iai'es,, 1`andscaping and
walkia7g trails.
5.. RECREATIONAL AMENITIES'
Applicant /Owner also proffers to install walking trails -and sidewalks within the
coiritnunity and to install a `ten-_foot (7 0') wide asphalt ,o "r concrete trail along the Buffalo Lick
Run Streaiil Valley depicted on.,Exhibit A,, the 1`ocation of whicl, will' be identif ed. on the Master
D=evelopment. Plan. In •addition; °and of Applicant /Owner'=s discretion, Applicant /Owner reserves
the right to filsta'T a second'. ten-foot (10') wide asphalt or concrete ,trail (on the outlier side of
Buffalo Lick Run Strearn lia: the 'eyent the Applicant /.Owner does constri ct a second trail the
ten -foot (10') wide asphalt Or concrete, ,ti °a l'(s) w1'11 be .owned and;rnalinta'ned by the Heritage
Lominons HOA and will be ayailable for,p.ubl c. access.
AVPli'cant /Owner shah] constri%ct,pedestriari, trains and /or si °dewalk systems, which connect
each recreation ai :ea to tiie resid'entia]- band uses within tl'e d` -fried Land. Bay. The fnal locafi'on
and', the granting of any su =ch, easernen "ts aiid /or trails shal'l,be at: "the subdivision design plan stage.
Such trails.; oi- sldewalk.systeiia, shall be constructed ohnaterial's selected by Appfi -cant /Owner
provided they are: no "t part of the sidewalk system within the public riiglat -of -`way.
,6. ED
F Applicant /Owner shall convey an &.03 acre +/ tract of : l=and located i_n the western portion
of Land B.`ay 4 t0 the Frederick "County E:conornic Development Authority to be used at its
discretion for. the construction of a public, commercial building, which may include the
construcfion of a Counfy'adrnini'_shati'on building:
Before the 'Frederick- `Co.unty, _Economic _Development Author1ty'deve1ops the property;
a ssfgns! or •conveys any ownership interest in the tract conveyed herein by the, Applicant /Owner,
the Economic Development Authority and /or as applicable .the,, third. party will execute an
agreement in a recordable form °,which is satisfactory to the Applicant /Owner and will provide
6
and, coif np that said third ,party agrees to he bound by the 'provis on "s of this Proffer Stal rient,
incl idmg;'but not limited to, subject to all, duly - recorded and enforceable, restrictions; easements
and Pi h'ts of wa, an'd to comply with construction desTg —n standards, whichiprovide,that the use
g Y,
is :of an 'architectural style and of';eonstruction in
aterials that are.,consisted with the. restrictive
covenarits.record'ed against the'proper"ty conveyed, as well-as provisions- governing the use of the
Property to be. coiweyed,'and also the application of all t. trictive covenants governing the use of
theTropertyand the cotistruct op of improvements upon it. -
Furthenriore the .Frede'ri'ck County Board. of Slpervis.ors yard Freder ick County
Fconornic Deueloprnent. Authority agree that f;a public cominercial, building of at least 25;00
n ,square feet' is not constructed ,oil "fhe -tract identified herein and ,an'occup icy certificate issued
within four years of',the date of the approval of this rezoning; said araci shall autoinatical I revert .
with any and all improvernei-its that ma exist on or within.'tl" tract to •they Applicant /Owner for
Whatever use - which 'is consistent, 'with this Proffer 'rStatement 'the Applicant /Owner deems
Appropriate. The: Frederick ` Countyy Board of ,Supervis,ors l er„eb.y ; w' iructs and empowers its
County Administrator: to execu "te such other deeds or documents whi'ch.shall be required to effect
the, terns of this provision:
pp1a uY0_w1e s iwl o po d peraneit grading,
.slope; construction, ydramage;storn ter inanagemenand ac cess
easements on. all
public use parcel's; which are-dedicated: to .Frederick County,;, provided; said easements do not
preclude reasonable,use and development:of "the property for.th'e intended-purpose.
7. .PHASFNG
A. Applicant /Owner proffers that no .more: than .four huidrea :(400) residential units
will be developed and built within the first two (2) .years o;f developtnent with the first year
con meneing on the date of the approval of the rezoning. ThdIreir`i`ainiiig- residential units wild be
pr to be installed with 'no more "than four hundred (400) - residential units within the, next
:two. (2) year terrn followmg,,:and. theremaining residential units com'mencii g no, earlier than two
(2) years after the completion of the-eighthundredth (SOO "), residential unit..
$:. In addition, Applicant/Owner proffers' that on, or before the 'date 'that
Applicant /Owner receives a Certificate of Occupancy for the 300`-x' market rate multi- farn"ily
residential units. Applicant(bwner shall also, have obtained a_ Certifficate of Occupancy for- a .
minimum of 50,'00b ,square: feet-:of'comm. ercial use property, `L`ikewise, on af-b fore the date
,Appli'cant /Owner ;receives a Certificate of Occupancy 'for, the 60.Q`h market" ;rate multi - family
residential units. Applicant /Owner shall, have obtained a Certificate..,of' �O.ecupanoy for an,
additional 5,Q,"0O'Qi square feet of ,commercial use property (a minimum total of 1;00,000 square
feet) Applicant /OWiier,�makes,this proffer to assure that in add'ifion to'the Land Bay Breakdown '
and proffers. pertaining to uses, density and mix that: there shall. ;be a:.guaranteed minimum
developrnentl of coininercral property occurring at the- .same. fine as, development of market rate
multi--family residential units.
7
SIGNATURE. PAG' 'E
The; conditions set ;forth herein are the proffers• for, , Heritage Commons and supersede_ a. tt
previous proffer' statements submitted for- this 'Property
3
Respectfully submitted, "
A
HERITAGE COMMONS, LLC
By IVlatthew Milstead
Its. Manager
COMMONWEALTH OF VIRGINIA, AT' LARGE
COUNTY OF.FREDERICK -,to -wit:
The foregoing instrument was acknowledged ;before me this day of Noveixbv ,
2014 by Matthew Mit tead,, Mdtiager of HERITAGE-COMMONS, LLC.
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•
HERITAG -,E COMMONS
DMGN MODIFOCAT90N.H)OCUMENT - PROFFER EX.HJ-BfTB
July 30, 2014
1ViDMFWAT ON #1
Ordinance Requirement;
§ I_(�5- 50;1O2'IZ`ezt►nin Procedure
In order to Dave laid rezoned. to the R4 District, a master development plan meeting all
requirements of this chapter, shat "I .be submitted with rezoning application;
Alternative Desiy_n, Standard:
In order'to have2 land it- 7- to the R4 Drstri`ct, a proffered Geicralized Development Plan
identifying the concept oi`th'Q overall. acreage and its' relationshii,p to adjoining properties and
adjoining roadways shall be s%tbinrtt__ed with rezoning: application. Tlie Geineralized Development
Plan for Heritage• Commons will °provide: Land Bays to demonstrate. the proposed general land
use .plan layout for the entire acreage. The Proffer Statement for- l Icritage Commons will also
provide "a matrix denti =tying tlae residential and, non -res denti'al land rises within each Land Bay;
the pfq.je6ted.:acreagici and the percentage of residential °and -cornrnercial band
use within each Land ROy classified as Mixed =Use Commet c al /Resi`deiltial.
Justification f6f Modificattoi ':.
►
A densely planned co my on 15;0.28: +- acres ofland cai?notbe completely master planned
;as a condition of. rezoning ;appro.;val. These communities wire dyilami'c; due to the rrma.rket;
therefore, the - exact location of `residential units, internal' . roads; neighborhood commercial,
fecreafional.,amen iti'es, opera'space. at d, significant environmental features are difficult to identify
at this stage in the process: ;The Applicant should be prepared .to identify basic infoririatioii
pertaining to the overall development: of the planned community to .i:nform ,decision makers and
interested citizens: how ,the general, land use patterns and rnajor.ro.ad; systems will be developed,
should a rezoning be, ;approved: The use of a. Generalized Develop merit Plan and Proffer
:Statement` as a :tool for` this 'purpose. is reasonable; rash' contains illustrative and general.
:development information that, can assist in understanding the basic 'concepts of a planned
community and guide the moreforrnalized Master Development Plan process following rezoning
approval: Therefore, it; is requested that a Generalized Development :Plan. be permitted to
function in the place: of a detailed IVlaster Development Plan du`ritig the rezoning process :. A
:Master, Development Plan wiJ be provided subsequi nt to the ,rezoning approval process to
ensuie; Onsistency•with subdiv.isron design plans': and site; design. plans .within the project.
p
MODI>FI-CATION #2 X165'- 50><.(13 1'ermiftcd rises
Ordinance Reau remei t:
All uses are allowed in the "R4 ,Resi`dcntial' Planned Comiiiwi ty Iii U'ict "that are allowed in the,
(ollowing.,zoning districts'
Rl' IZ'esdent�C Perlo�mance District
131 Nci ghbo rho od '13usincss D�sttict
132 Rusiness General District
13`3 Industrial T an4fion Di' stri`ct
M -1 1 fight IndlISti ial- District_
Alter native Design. Sfand'ard;
The Mixed -Use Comilercial7Resid:eritia'L Land Bays idea "tiled` on •the. proffered Generalized
Developi lent Plan are ,sl'ated Tor.'dense; urban commercial °an res `dent'al land use, which nnay
.i'ncl'ude commercial and residential land usesthat are "located: within the same structure,,or within
connected structures. This is' intended to include and allow the .Trad'itiolial' Neig- hborhood
Design` -Bus I'll ess.,(TNDB) Over'l'ay Di.striet: No M I (light ind'tistrial) uses will be permitted.
Justiftcation,for. Mod f'cat on .
Heritage Commons is .planned, as an urban center design .form "that Will contain single - family
attached, market "rate multi- fam -il "y units; corninercia1, retail and office ,structures, and structures
that may 'comprise, -a combination; of these land: Uses, The ability to provide for infixed' -use
residential ;and, :commercial; retail �ari&or office land, use within the, same, structure, or within
'connected structures is in: keepilig with urban form design, which provides a very efficient use of
.]`and and provid`es,opportunities for residerits to five, shop and; work within the• same, area ofiheir
community.
Iv1O1 1>F,I'C'ATIO'N #3 065- 501.05 Mixture of H.t�usin'g.'I'ypes Required
Ordinance Regiiirernent:
Each planned community shall bc` ex;pected to conlania mi,'xttue ,o`f housing types that ;is typical -
for'existing and planned ies'clentral iacig:hborhoods in Fac;derck County.. No more than 40% of
tlae..area of 1)ortions of the 'planned comn1ttnity desigpated for residential tiles shall be used for_:
any 'ofthe Following ho,usi'l types; duplexes, multiplexes, atr uM Houses; weale-l;i`nk townhouses,
tows houses or gardcn.apartment5 0l` arry coiiibin -ation of those housing types.
Alternative Design Standard::
The Mixed -Use Commercial /Resid'enti`al Land Bays identified on the proffered Generalized,
Development Flan are stated for dense urban residentia'1 housing types. To achieve this type of
urban residential development;, single- family detached residential unifs will not. be required as a
component of the residential. mix' :and sin'gle.- 'family ;attached, and' market rate molt =i - family
residential units will be allowed.U. comprise 10.00% of the resident'i'al housing units within the
-Heritage Commons project.
J,ustifrcation' for -. Modification:
Heritage Commons is p°lanned; as ar .urban center design form 'that w'I1 contain single- family
attached and market rate; multi = .family housing units within: a mixed- .use - commercial, retail' and
office development. `T,he Residential ,Planned Community, .District promotes suburban residential
design form that, is predominately. residential with a rni�i, rnum percentage, of non - residential land
use:; The implementation of'kal i`ficant percentages of non'r.esid'enf'al` land
use within Heritage
Commons di'ctate's the -need for, lii'gher density residential .'land use 'to faCAitate this form of
development.
N6ODI F➢CA'><ll 5(11 6(0)' 1 2esirlcntiall Density
Ordinance R�trerncnt
Residential Density,. ``l'lie max ianum allowed gross dens tty. for residences in the planned
con1rnun ty deve'l_oprnenCshall be four units per acre.,
Alternative Design Standard-.
�Me Mixed -,Use; Commei .iA /Rcsid'eniial Laaid [3ays ,identi`fi'ed of the hioll:ered Generalized
DevclopnaeOtTlan are ;slated. for'dense, urban residential hous' ng� types. `o achieve .this type of
urban, residential development, the, gross densities spec -fi'ed in Section 1,65-402.0513 l:Or nI l <et
rate mi,i ti.4hinily and single;= f4rnily attached residential hand use shal'1 be permitted;
Justification f6r Modification
Heritage Commons is planned as an urban center design form that, will, conta - single - family
.attached and rnarket rate multi farnil*y housing units within, a mixed -use commercial, - retail and
office development. The. Board ''of Supervisors .-recently , _approved .increased densities :for
residential deve'lopmelit,within the Urban Develo,pmentArea,('UDA) to maxim ze the residential
deveIOpm6nt potential' wl hii fi, this., portion of the County. The; 2030; 'Comprehensive, Plan
identifies this property as being planned for employment and high density residential (1.2 -16
units /acre)' land.use; therefore;, it is appropriate to allow fhi`s type of residential density within the
Heritage Comrnons development.
X1,65- 501.06(D) Comin'ercia] c& 1'nAustrial Alreas
"Commercial and lildustr`ial areas., The areas for comrnercia] 'oi - uses shall not exceed
50`'%; of the gross area of the `total ;planned coi am.rin 'ly. S'LUTiclent coni loc al and industrial
arcas.:sha'll be provided to iieet the needs of the planned community, to pro,vid'e an appropriate
balance of uses and to lessentieouerall impactA the p Frederick County.
A mrnirnum of l'0% of the gross area of the project shalt be used for'bu "siness and indiis l.ial Lisc5.
Alterna6v Desi�4n Standard
Given the dense p,lanniri'g for the 1 Ieritage Cornnions Land l3ay"s,. tl c areas for commercial areas
niay exceed, 'and should be encouraged to., exceed .50% of the; gross area. .A Land Bay
Breakdown Table has been 'i:iicorporated -into the.. Heritage Cornnions> Proffer, 'S'tatement to
demonstrate: the minin-trm and - pa _x_'muni ;acreages far cornilercial and residential development:
throughout the project.
.1tistifrcation for.Modifieation
,A densely planned community in pan area that is designated under, the Cornprehens ve Plan; as
such, should provide `for-. `a ling -her` percentage mix of commercial uses., Given the intensity and'
.extent of, cornrnercial uses. whey would be more harmonious ;if they .were: mixed in with or
adj!aeent to higher density— residential development. The Generalized DeveToprnent 'Plan wil'1
,,dep 'et the .)✓and Bays wh -ere -it 'is an6crpated that the; higher dens°ify ,esidential and commercial
uses w111 be, mixed and` also areas 'that will be designated purely for commercial. With the
transportation networks and.coilnect vity of.,all the Land Bays,. however., .it'is anticipated' that the
activity level of residences commercial shopping, dining and work' w'1�1 he, laid o.ut so that the
resr'dents will be° ,able to walk back 'arid forth between, these 40sa and not rieed` use their
automobiles to access flese facihfies and amenities,.
MODIFICATION #6 §1 M5 501.06:(E) Dpen Space
Ord i iiaiice. Re'cm i remen t:
Open Space. A III I'll itl1ui» of 30`%, 61' the gross area of any proposed development shall he
designated. as common open space.
Alternative Design Standard:
A. minimum of 15% of the -gross area of the Mixed -Use. Commerei�rl/'Resicleiitial Land Bays, and
100% of the gross area .-of` tie Buffalo Lick Run Stream Valley Laud Bay identified on the
proffered Generalized, Development Plan shall be designated as common open space.
Justification for Modification:
Heritage Commons 15 planned 'as: "an urban center design form, that will contain single - family
attached and market rate multi - family housing. units within a :mixed -use commercial, retail and
office development. This type of urban center design provides opportunities for indoor and
outdoor recreational amenities' and . facilities, pedestrian sidewalk.and trail systems, central' plazas
and squares, small exterior urban -scale green -space areas, and rooftop green -space or rooftop
amenity areas, therefore; vast expanses . of green space area are not conducive for this type of
development. The locati`on of open ispace areas and the types of recreational amenities will 'be
identified on the Master- Development Plan to ensure conformity with ordinance requiiements.
MO'PI4FICATION 97
Ordinance Requirement'
•
X1.65- 501.06(C) Miffers and Screening
Buffers. and Screening.,, Buffers and screening shill be provided between various uses and
housing, types as if the uses were.located within the Rl', Ql, 132, or M11 Zoning District according
to the uses allowed in those - districts. Buffers and screening shall be, provided accordingly as
specified in Section 165 - 20302 of this Chapter. - Road efficiency Duffel's shall be provided .
according to the requireliients of drat section. In addition, along the perimeter boundary of-the
Residential Planned Community District, buffers and screens dial] be provided in relation to
adjoining properties as if the uses in the planned community were located in the RP,. B] , B2, or
Ml Zoning Districts.
Alternative Design Standard:
`Buffers and,screeniing shall be provided along the perimeter boundary of the Residential Planned
Community_ District where proposed Commercial. Retail apd..Office. Land. Bays adjoin existing
residential land use, or where sngle- family attached and multifamily' residential units adjoin
existing single- family detached residential Land arse -. Buffers and screening shall be provided
accordingly as specified, in Section 165- 203.02(C), Section 165- 20-3.02(D), and Section 165 -
20).02(E) of this Chapter.
Justification for Modification: ,
Heritage Commons is pl "armed as an urban center design form that will incorporate ,mixed -use
commercial and residential land use immediately adjacent to -each other. Laird uses within this
form of development are. intended to be integrated, and in some instances located within the
same structures; therefore; the requirement for internal, buffers and screening are not practical in
achieving this .type of urban design. The alternative design standard provides for adequate
buffers and screening along the perimeter of the Heritage Coinmois project to protect existing
residential land uses. This buffer and screening standard is consistent with applicable residential
separation buffers and zoning district buffers utilized in other portions of the Urban
Development Area.
MOU1HQCA` JON #&
Ordinance Requirement:
§1,6S- 50,1,.06(,9)° ROad; ;Access
Road Access, All planned community developments shall have direct access to an arterial or
collector- road or to roads improved to arterial or collector standards. Tlie� planned community
development shall be p=rovided with a complete system of'pUbl C streetsdedicated to the Virginia
Department of Transportation.
Alternative Design Standard;
The proffered Generalized Development flan shall provide for major collector road systems
identified in the Comprehensive. Policy Plan, which will be public streets dedicated to the
Virginia Department of Transportation. Al] other street systems located within the Heritage
Commons development may be designed and constructed' as private streets, which will be
maintained by a i- raster association or sub- associations created during the subdivision design and
site plan design process.. All private streets shall be designed in general to meet vertical base
design standards utrIfzed by the Vi gini�a Department of Transportation based on projected traffic
volumes for the identified, land uses within the project. All lots created within the Heritage
Commons 'development may located on private streets, which shall not be subject to distance
limitations frornpl.anned public streets within the project.
Justification for Modification:
Heritage Commons is planned as air urban center design form that will contain a variety of street
systems that are designed in general to meet vertical base design standards utilized by the
Virginia Department of Transportation based oil projected' traffic volumes for the identified land
uses'Within the project. The ability to utilize private street design -will provide design tlexibility
tluoughout the project that` would otherwise not be practical due to. rigid Virgi=nia Department of'
Transportation street design standards. The ability to utilize private street design will also allow
for irriovative storm water management low - impact design and landscaping design to 'assist in
meeting water quality measures for the project.
•
MOO)fFICATJON #J §1(5- SO.1.Q,6(lY➢) Phasing
Ordinance Reauii.enlent.,
Phasing.. A sched'ul'e.of. phases shall be submitted with,each proposed p'Ianned community. The
schedule shall spec' fy the year `in which each phase will be completely developed. No
subdivision or site plans shall be approved in the planned community unless they are in
accordance with the approved schedLile.
Alternative Design. Standard:
A Phasing Plan and Phasing Schedule shall not be required for the Heritage Commons project.
Justification for Modification`
Heritage Commons is planned a$ an urban center, design form that will contain mixed land. use
including commercial, retail, office; single - family attached, and Inar-ket rate multi- farn.ily housing
units within a master planned project. Heritage Commons .exceeds the commercial, retail and
office land use percentages from conventional residential, planned. community pi jects,, and may
incorporate mixed commercial -and residential land use within the,same structure. Therefore, it is
not practical to require a, schedule and time,l,i -ne that limits the ability for the project to
develop, as,this will be dictated by market conditions.
MODIFICATION 910 §165 - 201.03(8)(6) f'eight Limitations
§165= 601:.02 6imensional and )Intensity Requirements
Ordinance Requirement:
General o.1 ke, buildings in the B2 and 133 Districts and hotel and motel buildings in the B2
Zoning District _shall be. exempt fiom the maximum height requirements of those zoning districts.
In no case shall the..height of 'such buildings exceed 60 feet, When such exemptions are
proposed adjacent to existing residential, uses, -the Board of Supervisors shall review the site
development plan pursuant-to the-provisions ol° Section 165- 203.02A(3).
Alternative Design Standard:,
Corninereial: buildings, retail buildings, office buildings, hotel buildings, and shared commercial
and residential buildings may be constructed up to 8.0 feet in height, not to include architectural
screening features and antenna structures: Additionally, colnmercia_1 buildings, retail buildings,
office buildings, hotel buildings; 'anti shared commercial and. residential buildings may 'be
developed with a floor area to lot area ratio (FAR) of
Justification .for Modification:
Heritage .Commons is planned as a dense urban center design form that will promote vertical
construction. throughout the ,project',- The ability to construct buildings, to 80 feet in height is
consistent with the 'height allowance for multifamily residential buildings, which will be
developed within the project: Other zoning districts within the °Coulityallow for office buildings
and other structures to be constructed up to 90 feet in height' and allow -for a floor area to ,lot area
ratio of 2.0; therefore, the Heritage Commons urban center design. form., is consistent with these
more intensive types of development currently permitted by County Code.
MOIAINCAT]ION #11
Qrdinance R-e iii-ernent:
§165 - 402.09(,[)(1)1) Multifamily ResidentiAl Buildings
Principal building (max): 60 'feet, provided that a building may be erected
to a Inaximuni of 80 feel if ii is set back from root[ right -of -ways and from lot lines in addition to
each of the rectu-ired minimum yard dimensions, a distance oaf riot less than one foot for each one
foot of height that it exceeds the six1y4bot limit.
Aliernative Desi'pn Standard:
Commercial buildings, retail. build'i'ngs, office buildings, hotel buildings,, and shared commercial
and residential buildings may be constructed within 20 feet of public or private street systems
serving the community.
Justification for Modification:.
Heritage .Commons is plaiuied- as :a dense urban center design form that will promote vertical
construction throughout the ,proj`ect. This .design form should, provide flexibility to promote
building construction that abuts wide pedestrian walkway areas that adjoin public and private
street systems. Urban center design promotes build -to setback lines, which are not proposed, as a
requirement for. Heritage Commons; -however, this alternative design standard will allow for this
form of design should it be desired by the, developer of the project.
MODIFIICATION #1'2 X16.5-4002.09(1) Modified Apartment Building
Ordinance Reduiremenfi:
This housing type consists of buildings that contain rnblfipte dwCHIng units that share a common
yard at-ea.. The entire dwelling Unit does not necessarily have to be on the same Moor. Garden .
apartments shall be at least: two stories high but no .more than four stories and shall contain six or
more 11111ts in a single structure, not to exceed 16 units within a single structure. Dimensional
requirements shall be as follows:
A. Lot _Dimensions
A] .Maximum site impervious "surface ratio 0.60
B. Building Setbacks
B1 From public road right -of -way 3.5 feet
B2 From private road right -o:f- -way„ off - street parking lot or 20 feet
driveway
B3 Side (perimeter) 20, feet
B4 Rear (perimeter) 25 feet
B5 Rear for balconies and decks 20 ,feet
B6 Minimum on -site buildingspacliig ::.Buildings placed.si'de toside shall
have a minimum distance of 20 feet. between buildings, bu_ddings placed side
to back shall have aminimum distance of 35 feet between. buildngs.
Buildings back to back shall have a minimum distance of 50 feet between.
buildings.
C:. Minimum Parking
C1 Required off-street parking 2 per unit
D'. Height
D1 Prindpal' building (max):' 55 feet
D2 Accessory building (max) 2.0 feet
Alternative.DesiQn Siandard
This housing type consists of buildings that contain multiplel dwelling units that share a.common
outdoor area. Dwellingsi can, be on multiple floors with buildings being at .least two stories but
not more than six stories. Dwellings? can have internal or external corridors at the discretion of
the developer-. Modified apartment buildings shall contain a minimum, of t6 dwelling units but
may not exceed more than 64 dwelling units within a single structure. Dimensional requirements
shall be as follows:
'A. Lot Dimensions
A l Maximum site impervious surface ratio 0.60
B..Build ng Setbacks
131 1j _r rn public road right -of -way
—� 20 'feet
132 hrotn private road right -ol =way, off'
driveway
street pecking lot or, 10 feet
133 Side (perimeter),
l 5 (cet
B4 Rear (Uerimeter)
15 feet
135 Rear for balconies and decks
20 feet
13.6.Minimum on -site building :spacing:
back; I5 feet back to back
15 feet: side to side; 15 feet side to
C. Minmtun Parking
C1 Required off-street parking
2 per unit;
inclusive of
garage
D Hcight
D I Principal' building, ("ma)0';
90 feet
D2 Accessory building (max):
50 feet
D_ Maintenance buildings (max):
20 feet
.Justification for Modification,
Heritage, Heritage Commons is planned as_; .a, dense urban center- design-form that will promote massing of
dwelling units throughout the project. Thi "s design form should provide flexibility to promote
building construction thataccommodates an appropriate number of dwelli ng.units within a single
structure., The dimensional requirements provided for the Modified Apartment Building achieve
appropriate setbacks 'for siting of buildings and protection of adjoining properties. while
providing densities more in keeping-with a dense urban - center - design form.
HERITAGE COMMONS
EXEMPLARROAD SECTION - PROFFER EXHIMT C
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HERITAGE COMMONS PROFFER STATEMEI
REZONING:
PROPERTY:.
RECORD OWNER:
APPLICANT:
PROJECT-NAME
ORIGINAL DATE
OF PROFFERS:
REVISION DATE(S)
Executive Summary
RZ# 02 =14
Rural Areas (RA), Business General (132), and Residential
Performance (RP) to Residential Planned Community District (R4)
150.59 acres +1-
Tax- ;Map `Parcels #63 -A -150, x64 -A -10 .,and °64- A -1.2, (collectively
the .Property ")
R 150 SPE, LLC
Heritage Commons, LLC ( "Applicant ")
Heritage Commons
September 6, 2013
August 7, 2014, September 18, 2014, October 9, 2014, October 29,
2014
The Property was originally rezoned in September 2005 under the name of Russell 150.
The Property has since changed_.ownership and the new owner wishes to rezone the Property to
Residential Planned Community District (R4). The undersigned and record owner, Heritage
Commons, LLC and R 150 SPE, . LLC, their successors and assigns (collectively
"Applicant /Owner "), hereby proffers that the use and development of the subject property shall
be 'in strict accordance with, the- following conditions and shall supersede and replace all other
proffers made prior hereto. It'is further the statement and intent that with the acceptance ..of the
proffers contained_ herein any and .all prior proffers affecting this Property shall be deemed null,
void, and 'terminated. In the event the above- referenced amendments are not granted as applied
-for by Applicant /Owner, the below described proffers shall be withdrawn and be null and void.
The :headings of the. proffers; set forth below have been prepared for convenience or reference
only and shall not control or affect the meaning or be taken as an interpretation of any provision
of the proffers. The improvements proffered herein shall be provided- at the time of development
of that portion of the site adjacent to the improvement, unless otherwise specified herein.
References made to the Master Development Plan, hereinafter referred 'to as the
Generalized Development Plan dated: August 7, 2014, as required 'by the Frederick County
Zoning Ordinance; are to be interpreted to be references to the specific Generalized Development
Plan sheets attached hereto and incorporated herein by reference as "Exhibit A."
The exact boundary and acreage of each land bay may be shifted to a reasonable degree
at the time of site plan submission for each land bay in order to accommodate engineering or
design considerations.
Applicant /Owner is .submitting a Generalized Development Plan, Exhibit A, as part of a
rezoning application, The Generalized Development Plan is provided in lieu of a Master
Development. Plan and contains all information deemed appropriate by the Frederick County
Planning Department. The Generalized Development Plan does not eliminate the requirement
for a, Master .Development Plan for the portion of the site' to be developed; which will be
provided following rezoning- approval of the 150.59 +/- acre site.
DESIGN MODIFICATION DOCUMENT:
In order for Applicant /Owner and Frederick County to implement this Residential.
Planned Community District, it will be important for Applicant /Owner and Frederick County
Planning Staff to have the opportunity to anticipate incorporate and develop new design types
and configurations that may be suitable. This is to include. the allowance for the installation of
market rate multi- family immediately adjacent and in some cases in the same structure as
business (commercial) uses. ,Applicant /Owner :has proffered a Design Modification Document.
dated July 30, 2014, that is attached and incorporated hereto as "Exhibit B." Pursuant to
Frederick. County Code § 155. - 501,06(0), the design modifications set forth in Exhibit R shall'
apply to the Property.
Applicant /Owner
In addition to. the above,. by. approving, the Amended Proffer Statement,' the Frederick
County Board of Supervisors 'agrees without need of any: further Board of Supervisors or
Planning Department approval to any -modifications of any matter. which has been previously
agreed to and therefore approved' by Frederick County. Further still, any submitted; revisions to
the approved Generalized Development Plan, and /or any of its requirements for any development
,zoned R4 which affect the perimeter of the .development or which. would increase the overall.
density of the development -shall require the Board of Supervisors' approval. If, in the reasonable
discretion of the Frederick County Planning Department, the Planning Department decides any
requested modification should be reviewed by-the Frederick County Board of Supervisors, it may
secure said approval by placing this matter before the Frederick County Board of Supervisors at
its next regularly scheduled meeting. However, and not withstanding what is stated above, once
a modification has-been approved administratively, Applicant /Owner shall not be required to
seek approval for any subsequent similar modification.
2. USES', DENSITY AND MIX:
A. (t) Applicant /Owner shall develop a mix of unit types that include, but are not
limited to., single- family attached, market rate multi- family, gated single - family attached, market
rate gated multi - family; shared residential and commercial structures, office and retail istructures.
The following,list in.(2)`belowlcontains those uses which could exist within the Property.
2
0
(2) The following list of Land' Bays within the Land Bay Breakdown Table
sets forth the general development parameters on the Property and is consistent with the
proffered Generalized. Development Plan identified. as- Exhibit A.. The development will adhere
to the land bay breakdown depicted in the Generalized Development Plan and the Land Bay
Breakdown Table.
LAND
POTENTIAL LAND USE
APPROX. '
RESIDENTIAL
COMMERCIAL
BAY
;
ACREAGE
MIN /MAX.
MIN /MAX
ACREAGE %
ACREAGE
1
Uses allowed in B4; B' -2
7.51 acres
0% MIN. AC.
1.00% MIN. AC.
B -3 Districts and Design
0% MAX. AC
100% MAX. AC.
Modification Document
2
Uses allowed in'B- 1 ;:B -2;
8.03 acres
0% MIN, AC.
100% MIN. AC.
B -3 Districts and_ Design
0% MAX. AC
100% o MAX. AC.
Modification. Document
3
Uses allowed in'B -1; B =2 ;.
9.73 acres
5% MIN: AC.
5% MIN. AC.
B -3; RP Districts and
95% MAX. AC
95% MAX. AC.
Design Modification
Document
4
Uses allowed in B- 1; ;.B -2;
21.94 acres
0 % MIN. AC.
100 % MIN. AC.
B -3 Districts and,Design
0 % MAX'. AC
100 % MAX. AC.
Modification Document-
5
Uses allowed in B -1; B -2;
29.91 acres
80% MIN. AC.
10% o MIN. AC.
B -3; RP Districts. and
90% MAX. AC
20% MAX. AC`.
Design Modification
Document
6
Uses allowed in 13-:1; B -2;
6.83 acres
0% MIN. AC.
100% MIN. AC.
B -3 Districts and Design.
0% MAX. AC
100% MAX. AC.-
Modification Document
7
Usesz allowed in B- L- B -2;
53.95 acres
0% MIN_ AC.
10% MIN. AC.
B -3; RP Districts. and
90% MAX. AC
100 % MAX. AC.
Design Modification
Document
Buffalo
Open. Space; Trail System;
12.35 acres
N/A
N/A
Lick Run
Utilities; Road Crossings
The actual acreage identified for each Land Bay is based on the bubble diagram calculated on the
proffered Generalized Development Plan and may fluctuate based on. final survey work.
3
B. For purposes of calculating density pursuant to the Frederick County Zoning
Ordinance, all dedications and conveyances of land. for public use and /or for the use of the
development; or any Homeowners Association shall be credited in said calculations.
C. There shall be a unit cap of 1,200 residential units within Land Bays 3, 5,, and 7.
Applicant /Owner may develop and build between one hundred fifty (150) and one hundred
eighty -four (184) townhouses on the: Property and any townhouses will only be built in;Land Bay
7. There are no limits on the .percentage or, square feet of business, commercial, office and /or
retail development as referenced above.
3. CAPITAL FACILITY IMPACTS:
Applicant /Owner makes no monetary proffers to address any Frederick County capital,
facilities 'impacts. The ,proposed uses within Heritage Commons will yield a net positive capital
benefit to Frederick County. Asa. result, the capital benefit realized by Frederick County will..
eliminate any anticipated expenses that might be owed to it by Applicant /Owner..
4. MULTI -MODAL TRANSPORTATION IMPROVEMENTS':
Applicant /Owner agrees to install the road network that is depicted on the Generalized
Development Plan pursuant to the specific locations which shall be dictated by Frederick County
and the Virginia Department'of Transportation ( "VDOU) working together pursuant to Revenue
Sharing Agreements. Said Revenue Sharing Agreements provide: -for the installation, of a bridge
over I -81 which connects to 'Tevis Street, a traffic circle as is depicted on the Generalized
Development Plan, two roads which run across the Property and connect to Route 522, one
across the Glaize property and the other across the Property, and a section of Warrior Drive
running to the south from the traffic circle. An Exemplar Road Section is attached hereto and
incorporated herein by reference as ` "Exhibit C." Applicant /Owner . proffers that subject to
specific details which will come as a result of the work conducted and directed by Frederick
County and VD .T pursuant to. the Revenue Sharing Agreements an exemplar of the road
sections that will be installed on the `Property for the segments -of road that are depicted on the
Property is shown on'the. Generalized Development. Plan. Applicant /Owner also proffers that the
bridge will be installed pursuant to the aforementioned Revenue Sharing Agreements and the
cross- section and details of said bridge will be dictated by Frederick County and VDOT pursuant "
to the terms of the Revenue Sharing Agreements. Applicant /Owner agrees that the road section
will 'be in an alignment and a form that, meets VDOT geometric design standards.. Said cross
-
secti'on which is referenced in Exhibit C does include sidewalks and bike paths as well as two
lanes of travel in either direction with a raised median separating the travel lanes.
Applicant /Owner agrees to enter into a separate binding agreement with Frederick
County to provide for the reimbursement of an applicable portion of'Frederick County's share of
the costs to construct ,the,. road, 'improvements on the Property pursuant to the terms of the
Revenue Sharing Agreements.
All - points, of access.land connecting roads, driveways, etc: on the road network depicted
on the Generalized Development Plan will be as approved by Frederick County and /or'VDOT at
such time as the submittal of site plans for development within the Land Bays.
4
Warrior Drive is intentionally depicted on the Generalized Development Plan as first a
section of road .which will be installed pursuant to the aforementioned- Revenue Sharing
Agreements connecting to 'the traffic circle and second' to a distance to the: south that will be
dictated by the final road design being conducted by Frederick County and VDOT but not less
than 400 feet. .Applicant /Owner proffers and agrees to dedicate a right -of -way at such time as a
dedicatable (i.e. metes and bounds description) tract of land has been established and which shall.
be as agreed to by Frederick County. and VDOT. It is anticipated that the remaining portion of
Warrior Drive will be installed pursuant 'to a separate, Revenue; Sharing Agreement by and
between Frederick County and VDOT and that as part of that future Revenue Sharing Agreement
the exact alignment- will be engineered and determined by Frederick County and VDOT to
provide connection to a future Warrior Drive to be installed on the Property to the south. It is
further proffered that Applicant /Owner shall enter into a separate agreement with Frederick
County to provide for the reimbursement of Frederick County's share of the cost to construct the
m
reaining portions of Warrior Drive on the Property under the aforementioned Revenue. Sharing
Agreement. The 'final .desig=n of the future Warrior Drive will be dictated by Frederick. County
and VDOT pursuant. to the ,;terms of the, Revenue Sharing Agreement, but Applicant /Owner
proffers that said design wi;ll.be in substantial conformance to the design and cross- section which
is attached and incorporated as Exhibit. C unless otherwise modified by Frederick County and
VDOT.
In addition, Applicant /Owner has been made aware of and received copies of traffic
.studies performed by* VDOT which confirm that the revised road alignment as shown. on the
attached and incorporated Generalized ;Development, Plan is more than sufficient to address not
only the impacts coming from and being generated by the proposed development of the Heritage
Commons site but also will accommodate anticipated through: trips as a result of constructing
through connections (two to Route:,522 and one, to the City of Winchester at Tevi's Street).
Notwithstanding the -same' :and. in order to, confirm that -the ,volumes of traffic being
generated by the build out of the Heritage Commons: community, Applicant /Owner does proffer
that there will -be no more than 23,177 vehicle trips per day generated from the Heritage
Commons site. Said maximum vehicle trips ensures there is no increase in trips generated as
compared to prior traffic' studies conducted for trips generated by the prior Russell 150
development and subsequent studies conducted by engineers working pursuant to the, terms of
the Revenue Sharing Agreements. The maximum number of vehicle trips is assured because
Heritage Commons is proffering a blend of commercial uses that are more office and less retail.
By providing- for a cap and a maximum of commercial uses there is no need to conduct any
additional traffic studies to address any potential traffic impacts being generated by the Heritage
Commons development. When ,Applicant /Owner reaches the maximum of vehicle trips per day
(23,177 or greater) as determined by the ITE Manual resulting, from development.at the Heritage.
Commons site. then Applicant /Owner shall conduct actual traffic. counts to determine if the
developed properties within Heritage Commons are generating an aggregate of 23,177 vehicle
trips per day. If as a result of the actual traffic counts it is determined that the developed
properties within the Heritage Commons site are not generating in excess of 23,1`77 vehicle rips
per day then Applicant /Owner may proceed and develop additional square feet of
commercial /office (B --1, B -2, B -3) and /or residential (RP) uses until, such time that analysis using
the ITE Manual determines that the proposed additional_ development by Applicant/Owner shall
5
generate in excess of 23,,177 vehicle trips per day (in the; aggregate for the Heritage Commons
site) and actual vehicle trips as counted by .Applicant /Owner have in fact. exceeded 23, 177
vehicle trips per day. After the Property has in fact generated in excess of 23,177 vehicle trips
per day .then Applicant /Owner agrees to conduct a traffic study for the development of any
remaining undeveloped portions of the Property and to install whatever road improvements are
deemed to be necessary as a result of any conclusions of the aforementioned traffic study.
5. STORMWATER QUALITY MEASURES :;
Applicant /Owner hereby proffers that all business (commercial) and residential site plans
submitted to Frederick County will be designed to implement Low Impact Development (LID)
and /or Best Management Practices (8MP) to promote stormwater qual,`ity measures. A statement
will be' provided on each business'. (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.
Applicant /Owner hereby proffers to establish a no disturbance easement within the
Buffalo Lick Run Stream Valley that 'is depicted on the Generalized Development Plan. The
purpose of this no disturbance easement is to prohibit development activities within the business
(commercial) and residential land bays that are located within the defined area. The only
improvements that may occur within this no disturbance easement will include road crossings,,
utility installations, stormwater management facilities, landscaping and walking, trails.
:RECREATIONAL AMENITIES'
Applicant /Owner also: proffers to install - =walking, iraks and sidewalks within the
community,and to install. a ten -foot concrete= (l_0') wide asphalt or con trail along the.Run,,Stream .
Valley depicted on Exhibit A, . the; location of which .will' °. "be identified on the •Master
Development Plan. In addition, and at Applicant /Owner's discretion, Applicant /Owner may
install a second ten -foot (10') wide. asphalt or concrete trail (on the other side of Buffalo Lick
Run .Stream). In the event the Applicant /Owner does construct a second trail, the ten -foot (10')
wide asphalt or concrete tral(s) will be owned and maintained by the Heritage Commons. HOA
and will be available for public access.
Applicant/,Owner shall construct pedestrian trails and /or sidewalk systems, which connect
each recreation area to the. residential' land, uses within the defined Land Bay. The final location
and the granting of any such easements and /or trails shall be at the subdivision design plan stage.
Such trails or sidewalk system shall be constructed of materials selected by Applicant /Owner
provided they are not.part of the sidewalk system,within the public right =of- -way.
7. COMPREHENSIVE PLAN CONFORMITY:
By accepting and, approving this rezoning application, the Frederick County Board of
Supervisors authorizes the2 location and provision of "those public uses, facilities, and utilities
specifically referenced on. the Generalized Development Plan, in this Amended :Proffer
Statement, and on design plans as, well as the extension and construction of water and sewer lines
and facilities and roads necessary to serve this Property pursuant to Virginia Code Section 15.2-
6
2232 and the Frederick County Code. The general area for location of roads necessary to serve
this Property- ate as�,shown on the Generalized Development Plan with the .exact locations to :be
determined based on final engineering and as approved by Frederick County. Acceptance of this
Amended Proffer Statement constitutes approval of the public uses, facilities, and utilities and
their ability to be developed' within the Land :Bays identified on Exhibit. A, and thereby excepts
said public uses, facilities, and,utilities from further Comprehensive, Plan conformity review.
8. PPEA
Applicant /Owner acknowledges that a PPEA has been submitted to Frederick County to
provide for a ten -acre tract of land located in Land Bay 4 to be used for the purposes of
constructing and installing a.County administration building: Also pursuant to the terms of said
PPEA, an option has been given to Frederick County to purchase up to a maximum of eight
additional acres at a market rate price- per- acre,_to be agreed to by and between the parties.
Applicant /Owner intends to honor the terms of the PPEA for a term to allow time for Frederick
County and Applicant /Owner to- enter into a binding agreement: to construct .and /or to sell .
property as it is anticipated` that negotiations to reach a final agreement may occur beyond the
time of the approval of the..rezoning. Applicant /Owner proffers not to convey to any other party,
other than to Applicant /Owner and/or their agents and assigns, the °portion of the Property and
option property which is the subject of the .PPEA to allow for the installation of the Frederick
County Government Center 'for a -period of one year from the date of the approval of the
rezoning. If no formal agreement is entered into within said time period then each party will be
released from any agreement or obligation under the- terms of said PPEA and the property which
is the subject of the PPEA and the option property shall be. used and made available for
development as. B -2 zoned property - within the Heritage Commons development.;
9. PHASING
A. Applicant /Owner states and acknowledges that the, uses proffered to be installed
on the Heritage Commons Property are significant and will take a considerable amount of time %to .
develop and install on the -Property. It is anticipated that the initial uses installed will be of a
commercial use and nature; and Applicant /Owner is committed to attempting to develop a
market rate multi - family component at the initial, commencement of development and
construction.. In. response to comments received from the County agencies, Applicant /Owner
proffers that no more than four hundred (400) residential units will be developed and built within
the first two (2) years of development, with-the first year commencing on the date of the
approval -of the. rezoning. The remaining residential units will be proffered to be installed_ with
no more than four .hundred (400) residential units within the next two (2) year term following,
and the remaining. residential units commencing no earlier than two (2) years after the
completion of'the eighthundredth (800`") residential unit.
B. In- addition, Applicant /Owner proffers. that on_ or before the date that
Applicant /Owner receives a Certificate of Occupancy for the 3'OOth or greater market rate multi-
family residential units Applicant /Owner shall also have obtained a Certificate of Occupancy for
a minimum of . 0,000 square feet of commercial` (B -1., B -2 or B -3) property. Likewise, on or
before the date Applicant /Owner receives a Certificate of Occupancy for the 600'h or greater
market rate multi - family residential units Applicant /Owner shall have obtained a Certificate of
7
. _ v
SIGNATURE PAGE
The ,conditions set forth herein -are the, proffers for Heritage Commons sand supersede all
previousl proffer statements submitted for this Property.
Respectfully submitted;
HERITAGE COMMONS, LLC
By: `Matihew. Milstead
Its: Manager
COIV MONWEALTH OF VIRGINIA, AT `LARGE
COUNTY OF FREDERICK; to .wit:
The foregoing instrument was acknowledged. before me° this G�� day of D ,
2014 by Matthew Milstead; Manager of HERITAGE COMMONS, .LLC
NV, RY &JBLIC '
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of
.Pennon/ Acsnriate.a /n r: Engineers • Survevors • Planners • Landscape .Archile'cls
General Development: Plan
HERITAGE COMMONS
FREDERICK COUNTY, VA
.HERITAGE COMMONS
DESIGN MODIFICATION DOCUMENT - PROFFER EXHIBIT B
July 30, 2014
r
MODIFICATION #1 §:165;501.02 Rezoning Procedure
Ordinance Reauirement:
In ,order to have land rezoned to the R4 District, a master development plan meeting all
requirements of this chapter, shall be submitted with `rezoning,application.
Alternative Design Standard:
In order to have land rezoned to the R4 District, a proffered Generalized Development Plan
'identifying the concept of 'the overall acreage and its relationship to adjoining properties and
adjoining roadways shall be submitted with rezoning application. 'The Generalized Development
Plan for Heritage Commons, will provide Land. Bays to demonstrate the: proposed general land
use plan layout for the entire acreage., The Proffer Statement for Heritage Commons will also
provide ,a matrix identifying-the residential and non - residential land uses within each Land Bay,
the projected acreage of e.ach,'Land. Bay and the percentage of residential and commercial land
use within each Land Bay classified -as Mixed -Use Commercial /Residential.
Justification for Modification:
A densely planned community on IM,.28 +- acres of land cannot be completely master planned .
as a condition of rezoning approval. These communities are dynamic due to the market;
therefore,, the exact' location of residential units, internal roads, neighborhood commercial,
recreational amenities, open. space and significant environmental features, are difficult to identify
at: this stage in the process. The Applicant should. be prepared to identify basic information
pertaining to the overall development of the planned community -to inform decision makers and
interested citizens how the general land use patterns and major road systems will be developed
should a rezoning 'be: approved'. The use of a Generalized 'Development Plan and Proffer
Statement, as a- tool for this purpose is reasonable, as it contains illustrative and general
development information that can assist in understanding the basic concepts of a planned
community and guide the more formalized Master Development Plan process following rezoning
approval. Therefore, it is requested that a Generalized 'Development Plan be permitted to
function in the place of a.detailed. Master Development Plan during the rezoning process. A
Master Development Plan will be provided subsequent to the rezoning approval process to
ensure consistency with subdivision design plans and site design plans within the project.
MODIFICATION #2' §'165= 501.03 Permitied•Uses
Ordinance Requirement:
All uses are: -allowed in the R4 Residential Planned Community District that are allowed in the
following zoning districts`
RP Residential Performance District
BI Neighborhood Business District
B2 Business General District .
B3 Industrial Transition District
Ml Light Industrial District
Alternative Design Standard:
The Mixed -Use Commercial` /Residential Land Bays identified on the proffered Generalized
Development Plan are slated, for dense urban commercial and residential land use, which may
include commercial and residential land uses that are located within the same structure, or within
connected structures. No M1 (light industrial) uses will. be permitted.
Justification for Modification:
Heritage Commons is ,planned as an urban center design form that will .contain single-family
attached, 'market rate multi - family units, commercial, retail and office structures, and' structures
that may comprise a combination of these land uses.. The ability to provide, for mixed -use
residential and* commercial, :retail and /or office land. use within the same structure or within
connected structures is in keeping with urban form design; which provides ^a very efficient use of
land and provides opportunities for'residents to live, shop, and work within the same area of their
community.'
MODIFICATION43 §165 - 501.05 Mixture of'Housing Types Required
Ordinance 'Requirement:
Each planned community- shall be expected to contain a mixture of housing types that is typical
,for existing and planned residential neighborhoods in Frederick County. No more than 40% of
the area of portions of the planned community designated for residential uses shall be used for
any of the following housing types: duplexes, multiplexes, atrium;houses, weak -fink townhouses,
townhouses or garden apartments or°any combination of those'housing 'types.
Alternative Design. Standard:
The Mixed -Use Commercial /Residential Land Bays ,identified on the proffered Generalized
Development Plan are slated for dense urban residential housing types. To achieve this type of
urban residential development, single- family detached residential units will not be required as a
component of the residential mxe, and in attached and market rate multi- family
residential units will be allowed to comprise 100% of the - residential housing units within the
Heritage Commons project.
Justification for Modification:
Heritage .Commons is planned as, an urban center design form that will contain single- family
attached and market. rate multi- family housing units within a, mixed -use commercial, retail and
office, development. The Residential Planned Community District promotes suburban `residential
design form that; is predominately residential with a minimum percentage of non - residential land
use. The 'implementat Ion of'significant percentages of mon- residential `Land use within Heritage
Commons dictates the need_ for ,higher density residential land use to facilitate this form of
development.
A
MODIFICATION #4 §165- 50t'.06(C) Residential Density
Ordinance Requirement:.
Residential Density. The maximum allowed gross density for residences M. -the planned
community development shall be four units per acre.
Alternative Design Standard:,
The Mixed -Use Commercial /Residential Land Bays identified, :on the: proffered Generalized
Development Plan are :slated for dense, urban residential housing types: To achieve this type of
urban residential development;, the: gloss densities specified, in Section. 1.65- 402.05B for market
rate multi. - family and single - family attached residential land: use shalt be permitted.
Justification for Modification
Heritage Commons is planned as an urban center design form that will contain single - family
attached arid, market rate, multi- family housing, units within a mixed -use commercial, retail and
office development. The Board of -Supervisors recently approved, increased densities for
residential development within the .Urban Development- Area (UDA) to maximize the residential
development potential„ within "this, portion of the County. The,. 203.0 'Comprehensive Plan
identifies this property as being ,planned for employment and high- density residential (12 -16
units /acre) land use; therefore, it is appropriate to allow,thi's type of residential density within the
Heritage Commons development.
MODIFICATION #5 §165- 501.06(D) Commercial. & .Industrial Areas
Ordinance Requirement;
Commercial and industrial areas: The areas for commercial or industrial uses shall not exceed
50% 0 of the gross area of the total planned community. Sufficient commercial and industrial
areas shall be2 provided to meet the. needs of the planned community, to provide an appropriate
balance of uses and to lessen the overall impact of the planned community on Frederick County.
A minimum Of 10% of the gross area of the project shall be used for business and industrial uses.
Alternative Design Standard:
Given the dense planning for the Heritage Commons Land. Bays, 'the areas for commercial areas
may exceed, and should be encouraged to, exceed 50 %q of the gross area. A Land, Bay
Breakdown Table has been incorporated into. the Heritage Commons Proffer Statement to
demonstrate the minimum and maximum acreages for commercial and residential development
throughout the project.
Justification for Modification:
A densely planned community in 'an area that is designated under the Comprehensive Plan as
such should provide for a higher percentage mix of commercial uses. Given the intensity and
extent of commercial uses they would; be. more .harmonious if they were mixed in with or
adjacent to higher density residential development. The Generalized ,Development Plan will
depict the Land Bays where it is anticipated that the higher density residential and commercial
uses will be mixed and also areas that will be .designated "purely for commercial. With the
transportation networks and connectivity of all the Land Bays, however, it is anticipated that the
activity level of .residences,; commercial shopping-, dining and work ,will be laid out so that the
residents will be able to walk back and forth between .these uses and not need use their
automobiles to access these facilities and amenities.
MODIFICATION 46
§165- 501.06(E) Open Space
Ordinance Requirement:
ti
Open Space. A - minimum of -30% of the gross area of any proposed development shall be
designated as common open space._.
Alternative-Design Standard:
A minimum of 15 % of the ,gross area of the Mixed -Use. Commercial /,Residential Land Bays, and
100 % of.the, gross area of the Buffalo Lick Run Stream Valley Land Bay identified on the
proffered Generalized D,eyelopment'Plan shall be designated as common open space.
Justification. for Modification:
Heritage Commons is planned as an urban center design form that will contain single- family
attached' and market rate multi- family housing. units within a mixed -use "" commercial, retail and
office development. This type! of urban center design provides 'opportunities for indoor and
outdoor recreational amenities" and - facilities, pedestrian sidewalk and trail systems, central ,plazas
and squares, small exterior urban -scale ;green -space areas, and rooftop green -space or rooftop
amenity areas; therefore, vast expanses of green space area are :not conducive for this type of
development. The location of open space ,areas and the types of recreational amenities will be
identified on the Master'Development Plan to ensure conformity with ordinance requirements. "
J
0 � __
0
1VIODIFICATION #7 §' 165- 501.06(G) •Buffers.and''Screening
"Ordinance Requirement:
Buffers and Screening. Buffers and screening shall be, provided between various uses and
housing types as if the uses were located' within the RP, B 1;, B2, or MI Zoning District according
to the uses, allowed in those districts. Buffers and screening shall be provided accordingly as
specified. in . Section 165203;.02 of this Chapter. Road eMciency buffers shall be provided
according to'the requirements of. that section. In addition, along, the perimeter boundary of the
Residential Planned Community, District,. buffers and screens shall be provided in relation to
adjoining properties as if the uses in the planned community were located in the RP, B1, B2, or
MI Zoning.Districts.
Alternative Design Standard:,
:Buffers and screening shalt be provided along the perimeter boundary of the Residential Planned
Community District where proposed Commercial Retail, and Office, -Land Bays adjoin existing
residential land `use, or where single- family attached- and multifamily residential units adjoin
existing single- family detached residential land use. Buffers :and screening' shall be provided
accordingly as specified in :Section 1- 65- 203.02(C), Section 165- 203:02(D), and Section 165 -
203.02(E) of this Chapter..
Justification for Modification:.
Heritage Commons is planned as an urban center design form that will incorporate mixed -use
commercial and residential land use immediately adjacent to each- other. Land uses within this:
form of development -are- intended to be integrated, and ,in some instances located within the
satkucturest therofo urban requirement, for internal buffers and. screening are not practical in.
achieving type gn. The alternative design standard provides for adequate
buffers and "screening along the perimeter of the Heritage Commons project to protect existing
residential land uses. This buffer and screening standard .is consistent with applicable residential
separation buffers and zoning district buffers utilized in other portions of the Urban
Development Area.
6 0
MODIFICATION #8 §165- 501.06(I) Road.Aceess
Ordinance Requirement:
Road Access. All planned community developments shall have direct access to an arterial or
collector road or to roads improved to. arterial or collector standards: The planned community
development shall be provided with a: complete system of public streets dedicated to the Virginia
Department of Transportation.;
Alternative Design Standard:
The proffered Generalized. Development Plan shall provide for major :collector road systems
identified in the Comprehensive Policy Plan, which will be public streets dedicated to the
Virginia Department of Transportation. All other street systems located within the 'Heritage
May development. ma be designed and constructed as private streets, which will be
maintained by a master association or sub - associations created during the subdivision design and
site plan design process. All private,,streets shall be designed in general to meet vertical base
design standards' utilized by the Virginia Department of Transportation based on projected traffic
volumes for the identified land uses within the project-. All lots created within the Heritage
Commons development may. be located on private streets, which shall.- not. be subject to distance
.limitations from planned'public streets within the project.
Justification: for Modification:.
Heritage Commons is planned, as an urban center design form that will contain a variety of street
systems that are designed `in general to meet vertical base design standards utilized by the
Virginia Department of Transportation based on projected traffic volumes; for the identified land
uses within the project. The :ability to utilize private street design will provide design flexibility
throughout the proj.ect.,that would otherwise not be ,practical due�to rigid. Virginia Department of
Transportation street design, standards. The ability to utilize private' street design will also allow
for innovative storm water management low - impact design and landscaping design to assist in
meeting water quality measures for the project.
MODIFICATION #9 §165;7501:.06(M)�Phasing
Ordinance Requirement:
Phasing, A. schedule of phases .shall be submitted- with each proposed planned community. The.
schedule shall specify the year in which each phase will be completely developed. No
subdivision, or site plans shall be, approved in the planned community- unless they are in
accordance -with the approved schedule. r
Alternative Design Standard:
A Phasing Plan and Phasing &hodule shall not be required for, the Heritage Commons project.
Justification for Modification:
Heritage Commons I is planned as an urban center design form that will' contain mixed. land use
including commercial; retail, .office, single- family attached. and market rate multi - family housing
units within a master planned project. Heritage Commons exceeds the. commercial, retail and
office, land use percentages from conventional residential planned community projects, and may
incorporate mixed commercial and residential land use within the same structure. Therefore, it is
not' practical to .require a phasing schedule and time line that limits the ability for the project to
develop, as this will be dictated by market conditions.
1
u
F
MODIFICATION '#10 §165- 201.03(13)(6) Heiglit..Limitations.
§1 -65- 601.02 Dimensional_ and, Intensity Requirements
Ordinance Requirement
General office buildings in. the B2 and B3 Districts and-hotel and motel buildings yin the B2
Zoning -District shall be exempt from the maximum height.requirements of those zoning districts.
In no case shall the height of such buildings. exceed 60 feet.. When such exemptions are
proposed adjacent to existing residential uses, the Board. of Supervisors shah review the situ
development plan pursuant to the'provisions of Section 165.- 203.02A(3:).
Alternative Desi'an Standard
Commercial buildings, `retail buildings, office buildings, hotel buildings, and shared commercial
and 'residential buildings may be constructed up to 80 feet in height, not to include architectural
screening - features and antenna .structures. Additionally, commercial buildings, retail buildings, .
office buildings, hotel buildings, and shared commercial and residential .buildings may be
developed with a floor area to, lot area ratio (FAR) of 2.0.
Justification. for.Modification:
Heritage Commons is planned as a dense urban center design: form that will promote vertical
construction throughout the project. The :ability to construct buildings to 80 feet in height s�
consistent with the height allowance for multifamily residential buildings, which will be
developed. within the project. 'Other zoning districts within the County,al'low for office buildings
and other structures to be constructed .up to 90 feet in height and allow for, a floor, area to lot area.
ratio of 2.0; therefore, the.Heritage Commons urban center design form is consistent with these
more intensive types of development: currently permitted by County Code.
I
MODIFICATION #11 §1.65= 402.09(J)(D1) Multifamily Residential Buildings
Ordinance Requirement:
Principal building (max): 60 feet, provided that a multifamily residential building may be erected
to a maximum of 80 feet if it is set back from road right -of ways and from lot lines in addition to
each of the required minimum yard dimensions, a distance of not less than one foot for each one
foot of height that it.exceeds'the sixty -foot limit.
Alternative Design Standard:
Commercial buildings, retail buildings; office buildings,: hotel buildings and shared commercial
and residential buildings may be constructed within 20 feet of public or private street systems
serving the community.
i
Justification for Modification:
Heritage. Commons is planned as a dense urban center design form that will promote vertical
construction :throughout the project. This design form should provide flexibility to promote .
building construction that ;abuts wide pedestrian walkway areas that adjoin public and private
street systems. Urban center design promotes build -to setback Tines, which are not proposed as a
requirement for Heritage Commons; however, this alternative design standard will allow for this
form of design should.it be desired by the developer of the project.
l ,
MODIFICATION #12 §165- 4002:09(I) Modified Apartment Building
Ordinance Requirement:
This housing type consists of buildings that contain multiple dwelling units that share a common
yard area. The entire dwelling, unit does not necessarily have to be, on the same floor. Garden
apartments shall be at least two stories high but no more than four stories and shall contain six or
more units in a single structure, not to, exceed 16 units within, a single ,structure. Dimensional
requirements shall be as follows,.
A. Lot Dimensions,
Al Maximum site impervious surface,ratio 0.60
B. Building ,Setbacks
B l From public road xight -of- -way 3 5 feet
B2 From private road right -of -way, off - street parking lot or 20 feet
driveway
B3 Side (perimeter). 20 feet
B4.Rear (perimeter) 25;feet
BS Rear for balconies and decks 20 feet
B6 Minimum on -site building spacing..Buildings placed, side to side shall
have a minimum distance of 20 feet, between buildings; buildings placed side
to back shall 'have a minimum distance of'35 feet between buildings.
Buildings back to back shall have a minimum distance of 50 feet between
buildings.
C. Minimum Par -king
C:1 Required off- street parking: 2 per unit
D. Height
Dl Principal building (max): 55, feet
02 Accessory building (max) 20 feet
T
Alternative Design Standard:
This housing type consists of'buildings that contain multiple dwelling units that share a'common
outdoor area. Dwellings can be on multiple floors with, buildings being at least two stories but
not more -than six stories.. Dwellings can have internal or external corridors at the discretion of
the developer. Modified apartment buildings shall contain a minimum of 16 dwelling units but
may not exceed more than 64 dwelling units, within a single structure. Dimensional requirements
shall be as follows:
IA.. Lot Dimensions
Maximum site impervious surface ratio
0.60
B. - Building Setbacks
B 1 From public ;road right-of-way
) 20 -feet
B2 From private road right -of way, off - street parking lot or 10 feet
driveway
B3 Side (perimeter)
15 feet
B4, Rear (perimeter)
15 feet
B5 Rear for balconies and decks
20 feet
B6 Minimum on -site building spacing: 15 feet side to side; 15 feet side to
back; 15 feet back to back
C. Minimum Parking,
C1 Required off - street parking
2 per unit, .
inclusive of
garage
D. Height
D1 Principal building ("max) :,
80 feet
D2 Accessory building (inax):
50 feet
D3 Maintenance buildings (max):
20 feet
Al
Justification for Modification:
Heritage Commons is planned as a dense urban center design form that will, promote massing of
dwelling units throughout the project. This design form should provide flexibility to promote
building construction that accommodates an appropriate number of dwelling, units within a single
structure: The :dimensional requirements provided for the Modified Apartment Building achieve
appropriate setbacks for siting of buildings and protection of adjoining properties, while
providing densities more in keeping with a dense urban center design form.
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MEMORANDUM
f
4 _
TO Eric
R: Lawrence, AICP, Director
Candice-Per-kins; AICP, Senior Planner
Frederick County Department of Planning. & Development
FROM: Thomas Moore .Lawson, Esquire
DATE: October j7, 2014
RE: Heritage Commons:
Enclosed• please find the signed revised proffers for `the Heritage Commons rezoning.
Please confirm that we are,on the Planning Commission's agenda for November 5, 2014:
F
HERITAGE COMMONS PROFFER STATEMENT
'REZONING: RZ# 02 -1.4
Rural Areas (RA), Business .General (B.2), and Residential
' .Performance (RP) to Residential Planned Community District (R4)
PROPERTY: 1:50.59 acres +I -;
Tax 'Map Parcels #63 7A- 150, :64 -A =10 ,and 64 -A -12 (collectively,
the "Property ")
RECORD OWNER: R 150 SPE, LLC
APPLICANT: Heritage Commons, LLC ( "Applicant ")
PROJECT NAME: Heritage, Commons
ORIGINAL DATE
OF PROFFERS:. September 6, 2013
REVISION DATE,(S): August 7,.20'L4, ;September 18, 2,014„ October 9, 2014
Executive Summary .
The Property was originally rezoned in September 2005, under the name of Russell, 150.
The Property has since changed ownership and the new owner wishes to rezone the Property to
Residential Planned Community District (R4). The 'undersigned and record owner, Heritage
'Commons, - LLC and' R 150 SPE, LLC, their successors and assigns (collectively
"Applicant /Owner "); hereby ° proffers that the use and development of the subject property shall
be in strict accordance with the following conditions ;and ,shall supersede and replace all other
.proffers made-,prior hereto. It ;is further the statement and intent that with the acceptance of the
proffers contained herein any and'-all prior proffers affecting this Property shall be deemed null,
void, and terminated. In the ,event °the above- referenced amendments are not granted as applied
for by Applicant /Owner, the below described proffers shall be withdrawn-arid be null..and void.
The headings of the proffers set forth below have been prepared for convenience or reference
only and shall hinot control or� affect, the meaning or, be taken as an, interpretation of any provision
of -the proffers. The..impro,v6men.tst proffered herein shall be provided' at the time of 'development
of that portion of the site adjacent-to `-the, improvement, unless otherwise specified herein.
References made to the Master ;Development Plan, hereinafter referred to as the
Generalized Development Plan dated' August 7, 20.14, as required 'by the Frederick County
Zoning. Ordinance,; are to, be interpreted to be references to the specific Generalized Development
Plan sheets attached hereto and incorporated herein'by reference as` "Exhibit. A."
The exact boundary and acreage of each land bay may be 'shifted' to a. reasonable degree
at thel time of site plan submission for each land bay `in order to accommodate engineering or
design considerations.
Applicant /Owner is submitting a Generalized Development- Plan, Exhibit A, as part of a
rezoning application. The. Generalized Development Plan 'is provided -in lieu of a Master
'Development Plan and contains all information deemed appropriate by the Frederick County
Planning` Department.. The: - Generalized Development Plan does not eliminate the requirement
for a Master Development-. Plan :for the portion of the site �to be developed, -which- will be
provided following `rezoning approval of the 150.59 +/- acre ,site.,
DESIGN MODIFICATION DOCUMENT:
In order ;for` Applicant /Owner and Frederick County to. implement this Residential
Planned Community District, it will the important for Applicant/Owner and Frederick County
Planning Staff to have the opportunity to anticipate incorporate and develop, new design types
.and configurations that may be suitable. This is to include'the allowance for the installation of
multi - family_ immediately adjacent and in, some, cases in the samer structure as business
(commercial) uses..Applicant/Owner has ,proffered a Design. Modification Document dated July
30; 2014-; that, is attached and incorporated hereto as. "Exhibit- B "' Pursuant to Frederick County
Code § 165- 50:1:06(0), the .design . modifications set forth Exhibit B shall apply to the
Property..
Applicant /Owner
In addition to the! above, by approving the Amended Proffer `Statement, the Frederick
County Board of Supervisors agrees -without need of any.' further Board of Supervisors or
Planning Department approval.-to any modifications of any ;matter. which has been previously
agreed to and therefore approved by Frederick County. Further sti11,,•any submitted revisions to
the approved Generalized Development Plan, and /or any of its requirements =for any development
zoned R4 which. affect the perimeter of the development or which would increase the overall
density of the development ,shall. require the Board. of Supervisors' approval: If, in the reasonable
discretion of 'the Frederick County.-- Planning Department, the Planning Department decides any
requested modification. should be reviewed by the Frederick County Board of Supervisors, it may
secure said approval by placing this' matter' before the Frederick County Board of Supervisors at
its next regularly scheduled meeting. However, and not. withstanding what is stated above; once
a modification has been approved administratively, Applicant /Owner, shall not be required to
seek approval for- any'subsequent similar modification.
2. USES; .DENSITY AND .MIX:
A. (1) Applicant /Owner shall develop a mix of unit types that include, but are not
linii "ted ;to, single family attached, multi- family, gated. single - family attached, gated multi- family,
shared residential and commercial structures, office, retail and ,industrial structures. The
following list in ,(2) below contains those ,uses which could exist within the Property.,
2
(2) The :following list of Land Bays within. ,the Land Bay Breakdown 'Tabl'e
sets forth the general development parameters on `the; Property and is, consistent. with the
proffered Generalized `Develo p ment Plan identified as .Exhibit A. The development will adhere
o the land bay breakdown depicted in the Generalized Development Plan and the Land Bay
Breakdown, Table.
LAND.BAY'BREAKDOWN
LAND
POTENTIAL
APPROX.
-RESIDENT-1-AL
COMMERCIAL
INDUSTRIAL
BAY
LAND USE
ACREAGE
MIN /MAX
MIN %MAX
MIN /MAX'
ACREAGE %o
ACREAGE %
ACREAGE %
1
Uses allowed,
131.acres
0% MIN. AC.
1.00% MIN. AC.
0% MIN. AC.
in B:: -1'; `B -2;
0%. MAX. AC
'10'0% o MAX. AC.
0% MAX. AC.
B -3 Districts
and Design
Modification
Document;
2
Uses allowed
9.03 acres
0% MIN. AC.
100% o MIN. AC.
0% MIN. AC.
in B' =fi;; :B -2;
0% MAX-. AC
W60/6 MAX. AC.
0% MAX. AC.
B= 3:Distrcts
and.Design
Modification
Document
Uses allowed
9.73 acres
5 % MIN: AC.
5 % MIN. AC.
0% MIN. AC.
in B -1; .B -2
95% o MAX. AC,
95% o MAX. AC.
0% o MAX. AC`.
B -3;�RP
Districts and
Design
Modification
Document
4
Use s,allowed.
21•.9'4 acres
0% MIN. AC.
1;00 %o MIN. AC.
06/o MIN.. AC.
in B- I; B -2
0% -MAX. AC .
100 %, MAX. AC..
0% o- MAX. AC.
B =3 'Districts
and.Oesign
Modification
Document '
5
Uses allowed
20.01 acres
80% MIN. AC.
1-0% MIN. AC.
0% MIN. AC.
in B- l.; B -2; '
90% 'MAX. AG
20 %: MAX. AC'.
0% o MAX. AC.
B -3 RP
Districts and
Design
Modification
The actual acreage identified for each Land Bay is based on.the bubble diagram calculated on the
proffered Generalized Development Plan and may fluctuate based on final survey work.
B. For purposes of calculating density pursuant to the Frederick 'County Zoning
i
Ordinance, all`�dedcafi6ns. and conveyances of'land for public use and /or for the use of the
development Or any Homeowners. Association shall be credited. in said calculations.
C. There shall be a unit cap of 1;200 residential units within Land Bays 3, 5; and 7.
Applicant /Owner may 'develop and build between one hundred.fifty (1.50) and one hundred
eighty =four (184) townhouses on the, Property and.any townhouses will only be built in Land Bay
7. There are.no limits on the percentage or square feet of.business,, commercial, industrial (Land
Bay 7 only), office, and /or retail development as referenced above.
3. CAPITAL FACILITY IMPACTS:
Applicant /O.wne. makes no monetary proffers to address any Frederick County capital
.facil,ities impacts. The proposed' uses within Heritage Commons will yield a net positive .capital
benefit to 'Frederick County. As a result,, the capital benefit realized by Frederick County will
eliminate any anticipated expensesahat might be owed to it, by Applicant /Owner.
4.., MULTI -MODAL TRANSPORTATION IMPROVEMENTS -
Applicant /Owner agrees to install the road network that is depicted 'on th'e Generalized
Development Plan; pursuant to the specific locations which shall 'be dictated by Frederick County
and the Virginia Department of Transportation ( "VDOT ") working together pursuant to _Revenue
Sharing Agreements. Said ,Revenue :Sharing .Agreements: provide for the installation of a bridge
4
Document
6
.'Uses allowed
6*3 acres
0, MIN. MIN. AC °.
10.0 %:MIN. AC.
0% MIN. AC.
to 13-.1; B -2
0% MAX. AC
100% MAX. AC.
0.% MAX. AC.
B -3. Districts
and Design.
Modification
Document
7
Uses allowed
. 53.95 acres
01/o MIN. AC.
10% M1N. AC.
0% MIN. AC.
in 13-1; 13' =2 -
90% MAX: AC
100% MAX. AC.
10.0% MAX.
B -3; RP; M -1
AC.
Districts? and
Design
Modification
Document
Buffalo
Open Space;
12;35 acres
N/A
:,N/,A
N/A
Lick Run
Trail System;
Utilities; Road.
Crossings
The actual acreage identified for each Land Bay is based on.the bubble diagram calculated on the
proffered Generalized Development Plan and may fluctuate based on final survey work.
B. For purposes of calculating density pursuant to the Frederick 'County Zoning
i
Ordinance, all`�dedcafi6ns. and conveyances of'land for public use and /or for the use of the
development Or any Homeowners. Association shall be credited. in said calculations.
C. There shall be a unit cap of 1;200 residential units within Land Bays 3, 5; and 7.
Applicant /Owner may 'develop and build between one hundred.fifty (1.50) and one hundred
eighty =four (184) townhouses on the, Property and.any townhouses will only be built in Land Bay
7. There are.no limits on the percentage or square feet of.business,, commercial, industrial (Land
Bay 7 only), office, and /or retail development as referenced above.
3. CAPITAL FACILITY IMPACTS:
Applicant /O.wne. makes no monetary proffers to address any Frederick County capital
.facil,ities impacts. The proposed' uses within Heritage Commons will yield a net positive .capital
benefit to 'Frederick County. As a result,, the capital benefit realized by Frederick County will
eliminate any anticipated expensesahat might be owed to it, by Applicant /Owner.
4.., MULTI -MODAL TRANSPORTATION IMPROVEMENTS -
Applicant /Owner agrees to install the road network that is depicted 'on th'e Generalized
Development Plan; pursuant to the specific locations which shall 'be dictated by Frederick County
and the Virginia Department of Transportation ( "VDOT ") working together pursuant to _Revenue
Sharing Agreements. Said ,Revenue :Sharing .Agreements: provide for the installation of a bridge
4
over I -84 which connects, to. T,evis Street;, a traffic: circle, as is depicted on the Generalized'
Development 'Plan, two roads which run across the Property and connect to Route. 522, one
across the Glaze property and the other across the Property, and a section of Warrior Drive
running to the south from the traffic circle. An :Exemplar Road Section is attached hereto and
incorporated herein ;by reference as, "Exhibit C. Applicant /Owner proffers., that subject to
specific .details which will come as a. result of the, work conducted and directed by Frederick
County and VDOT pursuant to 'the Revenue, Sharing Agreements an exemplar of the, road
sections that will' be installed•on the Property for the' segments of road that are depicted on the
Property :is shown on the Generalized Development Plan. Applicant /Owner also proffers that the
bridge will be installed pursuant to the aforementioned Revenue- Sharing Agreements and the
cross - section and details of said.,bridge. will be dictated by Frederick .County and VDOT pursuant
to the terms of `the Revenue Sharing Agreements. Applicant /Owner agrees that the road section
will be in an alignment arid a form that meets VDOT geometric design standards. Said cross
section which, is referenced :in. Exhibit C does include "sidewalks and bike paths as well as two
lanes of travel in either direction.with a raised median separating, the travel lanes.
Applicant /Own_er, agrees to enter into a ,separate :binding agreement with Frederick.
County to provide for the reimbursement, of an applicable portion of.Frederick County's share of
the costs to. construct the road improvements on the Property pursuant to the terms of the
Revenue Sharing Agreements.
AN points of access and connecting roads, driveways, etc., on the road network depicted
on the Generali -zed :Development Plan ,Will be as approved by: Frederick..County and /or VDOT at
,t
such time as the submittal of site plans Tor development within-the Land Bays.
Warrior Drive is intentionally depicted on the Generalized Development Plan as first a
"section of :road which will be ,installed pursuant to the aforementioned Revenue Sharing
Agreements connecting to the traffic circle and second to a distance to, the south that will be
dictated, by ihe:final• road design being conducted by Frederick,County and VDOT but not less
than 400 feet...Applicarit /Owner proffers and agrees to dedicate •a'right -of- -way at such time as a
dedicatable .(i.e. metes and bounds.description), tract of land has, been established and which shall
be as agreedto by Frederick County and VDOT. It is anticipated that'the remaining portion of
Warrior 'Drive -will be • installed, pursuant to a separate Revenue Sharing Agreement by and
between Frederick County and VDOT and that as part of that'f iture Revenue Sharing Agreement
the exact. alignment will be; engineered and determined by Frederick County and VDOT to
provide connection to a future Warrior- Drive to be installed on the Property to the south. It is
further proffered that Applicant /Owner shall enter into a separate agreement with Frederick.
County to provide: for the reimbursement of Frederick County's share 'o'f the cost to construct the
reffiaining.p`o'rtiohs arrior 'Drive on the Property under the. aforementioned. Revenue Sharing
Agreement. The f:haldesign of the future Warrior Drive will be dictated by Frederick County
and VDOT pursuant. to• the terms of the Revenue Sharing Agreement„ but Applicant /Owner
proffers that said' design will. be in substantial conformance to the design and cross- section which
is attached, and incorporated as Exhibit. C unless otherwise modified by Frederick County and
VDOT.
In ;addition, Appli'cant/Owner has been made' ,aware of, and received copies 'of traffic
studies performed by VDOT which confirm that the revised: road alignment as shown on the
aitached and, :incorporated Generalized'Development Plan is more_:tharrsufficient to address riot
only the impacts coming from and being generated- the proposed development of the Heritage .. 1. Commons site but also will ;accommodate. anticipated through trips as. "a result of constructing,
through connections (two to Route522 and one to the City of Winchester at Tevis Street).
Notwithstanding. the same and in order, to confirm that,the volumes of traffic being .
generated by the build out of the Heritage Commons community, Applicant /Owner does proffer
that there will be no more ,than 1,2 0.0,000 square feet of commercial (B -1, B -2, B -3) and
industrial (M -1) uses installed on the Heritage Commons site.. Said ;maximum square footage
number 'ensures there is no, increase in trips generated as compared to prior traffic studies
conducted for trips 'generated by the prior Russell 1,50 development and subsequent studies
'conducted by engineers working pursuant to-the terms of the Revenue Sharing Agreements. The
maximum number of vehicle trips is assured because Heritage Commons is proffering a blend of
commercial /industrial uses that are. more office and less retail. By providing: for a cap and a
maximum of commercial and :industrial uses there is no need to.,conduct any additional traffic
studies to address any potential traffic impacts being :generated, °by the Heritage ,Commons
development., When Applicant/ Owner reaches the maximum of square footage for
m
comercial /office and industrial uses,, .Applicant /Owner can proceed and develop additional'
square feet of commercial /office and /or industrial uses if Applicant /Owner can demonstrate that
there will be no adverse impacts t o t he road network on the Property.
5. STORMWATER QUALITY MEASURES:
Applicant /Owner- hereby proffers that all business (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 business `(commercial) and residential site,,pIan identifying the party or
parties responsible for maintaining these LID and /or BMP facilities as a condition of site plan
approval.,
Applicant /Owner - hereby proffers to establish a no disturbance easement within the
Buffalo Lick Run ,Stream., Valley that is depicted on the Generalized Development Plan. The,.
purpose of this no disturbance easement is'to prohibit development activities within the business
(commercial) -and residential land bays, that are .located within the defined area. The only
improvements that may occur within this no disturbance easement will include road crossings,
utility-installations, stormwater management facilities, landscaping and walking trails.
6.. RECREATIONAL,A- MENITIES:
Applicant /Owner .also. proffers„ to install walking trails and sidewalks' within the
.community and to 'install a ten-foot (10') wide asphalt or concrete trail. ulong the Run Stream
Valley odepicted . on Exhibit ..A, the location of which will be identified on 'the Master
Development Plan:. In, addition; and at, Applicant /Owner's discretion, Applicant /Owner may
install a second ten=foot .(10') ;wide asphalt or concrete 'trail (on the .other' side of Buffalo .Lick
Run Stream). In the event the -Applicant/Owner, does construct a second trail, the ten -foot (10')
wide asphalt or concrete trail`(s) will be owned and maintained by the Heritage Commons HOA
and
' will be available for public access.
3
Applicant /Owner shal'1 construct pedestrian trails` and /or sidewalksystems; which connect
each recreation area, to the 'residential land uses within the, defined Land Bay, The final location
and the granting of any such `easements and /or irailaa hall, be at the subdivision,design plan ,stage.
Such trails or' sidewalk system shall be constructed .of materials selected by Applicant /Owner
provided: they are not part of- the,sidewalk,system within the public fight-of-way.
7. COMPREHENSIVE PLAN CONFORMITY:
By accepting sand, approving this rezoning application, the Frederick County Board of
Supervisors authorizes the location and; provision of those public uses; facilities, and utilities
specifically referenced on the Generalized Development Plans 'in this Amended Proffer
Statement, and on design plans as well as the extension and construction of water and sewer lines
and facilities and roads, riecessary`to „serve this Property pursuant to. Virginia Code Section 15.2
2232 and'the Frederick County Code. The general area for location of roads necessary to serve
this Property are as shown on� the, Generalized Development- Plan .with the exact locations to be
determined based on final engineering and as approved by Frederick County. Acceptance of this
Amended: Proffer Statement constitutes ..approval of the public uses; facilities; and utilities and
,their ability to be developed within 'the Land Bays identified on Exhibit A, and thereby excepts
said public uses;._ facilities, and utilities from further Comprehensive.Plan conformity review.
8.. PPEA
Applicant /Owner, acknowledges,'that ,a PPEA has been submitted ao Frederick County to
provide for a ten =acre tract of land located in Land Bay 4 to be used for the purposes of
' constructi'ng and installing' ;a County, administration building:.' Also,pursuant to. the 'terms of said
.PPEA, an. option has been given -to Frederick County to, purchase up to a maximum of eight
additional acres at a market,, rate, price- per -acre to` be agreed to by and between the parties.
Applicant /Owner intends to honor. the terms of the PPEA for a term, to allow time for Frederick
County and. Appl'i'cant /Owner to enter into a binding agreement to construct and /or to; sell.
property ,as 'it is anticipated that negotiations to reach a final agreement may occur beyond the
time of the a royal of-the rezonin pp g. Applicant /Ownerproffers not to convey to any other party,
'other than. to Applicant /Owner and /or their agents and' assigns; the portion of the Property and
option property which is the subject, of the PPEA to allow for the `installation of the Frederick
.County Government Center for a period of one year from the date of the approval of the
rezoning. if no formal agreement is entered into within said time period "then. each party will be
released from any agreement or obligation under the terms of said PPEA and the property which
is the subject of. the,. PPEA ,and, the option property shall -be used and made, available for
developrrierit as'B =2 zoned property within the Heritage. Commons development.
9. PHASING
A. Applicant /Owner states and acknowledges that; the uses proffered to be installed
on the, Heritage Commons Property are'significant and will take a- considerable amount of time to
develop, aril install on 'the. Property. It is anticipated that the` initial uses installed will be of a
commercial use,:and nature, and Applicant /Owner is, committed to attempting to develop a multi-
family component at, the initial commencement of development and construction. In response to
comments. received from `the County agencies, Applicant %owner' no more than four. hundred
7
(400); residential` units will be> developed and built within the-, first fwo (2) years of development,. ,
with the frst -year ,commencing• on the .date -,of' ,approval "of the rezoning: The, remaining
residential` .. urnts 'will,.° be proffered to be installed, `with" no) more than, four; hundred (40b)-,
,..
residential °units withmJhe next two; (2) year tef following„ and the remairing; residential :units:
commencing ,no earl.ier'Ihaif two (2) years after, the completion; of th'e eight. hundredth (800cn)
residential unit.
B. In addition; Applicant /Owner proffers: that on or before the. date; that
Applicant /Owner applies ;for_ and :receives a, permit ao construct the first 300 multi- fami_hy
residential: units Applicant /Owner shall also apply for and obtain a ,permit to construct. and a
Certificate of Occupancy for a minimum of 505000 square feet of.comme-rcial, (B -1,, B -2 or B =3)
Property,. Likewise,,,on or before the date Applicant /Owrier, applies ;for ,and receives: a permit to
construct the 600th or ,greater multi - family .,resi'dential �units;:Applicant /O:wner shall Have ,either
p y ppy p it 16 , ;construet and a Certificate 'of
,p yeoristructed or shall a 1 for and obtain.
commercial (B -1, B -2 or B -3) 'property.. ,.
revious � n a ° erm
ApphcantL.Ofwner makes this 1. prof e0Q square feet o
p ' `0 assure that in addition to wn ,and B
proffers, ;pertaining .to 'uses, , density and mix `that' there hall' be a .guaranteed minimum
deu „eloprrient o'f commercW property, occurring at the same time as development of multi- family
residential units':
SIGNATURE :PAGE.
The eonditions set forth herein ,are the proffers for Heritage Commons and supersede all
previous proffer,stat6ments subm tted;for-this Property.
Respectfully : submitted,
HERITAGE COMMONS,.L'LC
By Matthew Milstead
Its: Manager
COMMONWEALTH; OF VIRGINIA,.AT`LARG'E;
COI7NTY OF FREDERICK,, "to wit: _
The,foregoing instrument was aeknowledged� before `ine this day of QC bea' ,
2014 by`1Vlatthew Milstead, "Min ager of HERITAGE COMMONS, LLC..
0, 4:AR, B LIG
_ , �o�a�000eoo��ooe,
` M K
1VIy commission, expires: •` T
.. ... k/
Re istration number;,
• .g �. � � �� NOTARY` �• 6,
. : "PUBLIC: en
` REG'# 7155258 m
n MY cbmM!SSIONo Q m'
p EXPIRES. e'
,'�`0oopoo ®oeo aoam� ,
9
HERITAGE COMMONS
GENERALIZED DEVELOPMENT PLAN - PROFFER EXHIBIT A
August 7, 2.014
Pennor;i Associates Inc.
e m Engineers •'Surveyors • Planhers • Landscape Architects
a
l
sl�isyA,l
General Development'Plan
HERITAGE COMMONS
FREDERICK COUNTY, VA '
HERITAGE COMMONS
DESIGN MODIFICATION DOCUMENT PROFFER EXHIBIT B
July 30, 2014
a
,MODIFIC'ATION , " § 165., 50142 Rezoning P"rocedu.re
Ordnance Requirement:
ln' order to :have land ;"xezoned to the R4 Di'strict,' a master development plan meeting, all
requirements of this,chapter;, shall, be submitted with - rezoning. application.
Alternative Design. Standard:,
'dnen�de'nto thevcona ea t of th d o�erall acreDalerand.atprelat onshieri�oaaized Development Plan
Y :g: p e _g '_ _ p dj'o'ining. properties and
adjoming'roadways shall besubmitted with rezoning application The,Generalized Development
Plan for Heritage Commons will provide. Land Bays to demonstrate the. proposed general land
use plan layout, "for, the enfire acreage. The Pro"ffe"r Sfatemen`t for Heritage Commons will also
provide 'a matri'xIdentifymg the residential and non - residential land. uses within each Land Bay;
the,,projected acreage of :each• Land Bay, .and the percentage of residential and commercial land
use within each Land. Bay classified as'Mixed -Use Conimerci'alLResidential.
Justification for.Modification;;
A densely planned. community, on 150,.28, +- acres of land 'cannot. 6e ,completely .master planned
as a condition of rezonmg' ,approval. These' communities are dynamic due: to the market;
therefore, the exact location of "residential units, :internal- roads, ;neighborhood commercial, .
recreational amenrties! open'_space and,,si'gni "ficant environmental features are difficult to identify
at`thi, stage irr the process::" TheAppli'cant should be, prepared to' identify basic information
pertaining; to "the overall development of.•the planned cominun'ity to inform decision makers and
interested citizens how,the .general' l.artd "use. patterns .and :major I road-systems will be developed
should a :rezoning. 'be��approued The use of a Generalized Development Plan and Proffer
Statement as ,a tool `for this purpose is; .reasonable; !as it. ,contains, illustrative and general
p _. `st in understanding the�'basic concepts. :of ".a planned;
deuelo ment information tha "t can assn
community and`,guide t rmalized Mast er,Developrnent Plari;p`rocess foilowing:rezonin'g
h6more, fo
approval. Therefore;, ;it is requested - that a Generalized Development ',Plan :be permitted to.
function in the-place, of a .detailed 1Master Development,•Plan during the "'rezonin'g. process. A
Master Development :,Plan. will .be provided subsequent to the rezoning approval process to
ensure "consiste-ncy with sub "diwision.design plans and site desi'gn,plans within the project:,
•
MODIFICATION #2 §.165_ 501.03 Permitted Uses
Ordinance Recuirement:
All uses ,are allowed in the R4',Residential Planned Community District that are allowed in the
following zoriing districts:
RP Residential Performance District
Bl Neighborhood Business,District
B2 Business General District
B3 Industrial Transition District
MI Light Industrial District
Alternative Design Standard:
The Mixed -Use Commercial/Residenti'al Land Bays identified on the proffered Generalized
,Development Plan are slated' for',dense urban commercial and, residential land use, which may
include commercial and residential land uses that are located within the same structure, or with_ in
connected structures. 'No'M 1 (l;ight; industrial) uses wi11 be' pe i itted:
Justification for:Modification:
Heritage Commons is .planne "d as an urban center design form that;;.will contain single- family
attached, multi - family units, as
retail and office structures; and structures that may
comprise a combination of these land uses. The ability to provide. for mixed -use residential and
commercial, retail and %or office land Use within the same structure or. within connected - structures
'is in keeping with .urban form design, which provides a very efficient use, of land and provides .
opportunities for residents to live; shop, and work within the same.area of their community.
MODIFICATION #3
Ordinance Requirement'
§165= 50.1:05 Mixture of Wusing,Types Required
Each planned community shall, be expected to cgntain';a mixture of housing types that is typical
for existing and planned residential. neighborhoods in Frederick County. No more than 40% of
the 'area, of portions .of the planned community ,designated for residential uses .shall be used for
any of the following housing types;; duplexes, multiplexes; atrium houses, weak -link townhouses;
townhouses or garden apartments or any combination of those housing,types.
Alternative Design Standard:
The Mixed -Use Commercial /Residential 'Land Bays identified on the proffered Generalized
Developrnent'Plan are slated for dense urban reside ntial.housing.types. To achieve this type of
urban residential development,. single - family detached .residential units will not be required as a
component of the residential mix, and single- family attached and. multi - family residential units
will be "allowed to comprise l'.00 %0 of`.the residential' housing units within the Heritage Commons
project.
Justification for Modification:
Heritage Commons is planned as an urban center design form that will contain single - family
attached and multi- family }lousing . units within a mixed -use commercial', retail and office
development.' The Residential Planned Community'District promotes suburban residential design
form that is predominately residential with' a minimum percentage of non- residential land use.
The, implementation of significant percentages of non- residential land use within Heritage
Commons dictates the need for higher density residential Land use to facilitate this form of
development.
MODIFICATION #4 §t65 50'1.0:6(C) Residential Density
Ordinance Requirement -
Residential: Density':; The maximum allowed gross density for-' _resid"ences ;in the planned
community'develo.pment shall bee our'units per acre..
A'lterratiue `DestZri Standard:;
The, Mixed -Use Commerca'i /Ressidental Land Bays identified on' the proffered Generalized
Development' 1'lari are; slated for dense Durban residential housing types, To achieve this type° of
urban residential devel'opmerit, the gross' densities specified in, Section 165 - 4020511, for multi -
`family and single- famil�y(attached residential land use shall be permitted.
Justi,fieation for Modifcation .-,
Heritage: Commons as an urban center design form that. will .contain single - family
attached and multi - family "housing units within 'a .mixed „use commercial„ retail land .office
b. development. The Board of'Supery,isors ;recently ;appro)ied increased densities for residential,
development within the Urban. ,Development Area (UDA) to ,maximize the residential
development potential within this portion of the' ,County: The 2030 'Comprehensive Plan
identifies this -property as;beirig,'ptanned for employment and high -density residential (12-16
units /acre;); •Iand use; therefore, it is''appropriate to allow this type ofWsidential density within the;
i
Heritage Commons development;.
,i ,
y
1VIbDI'FICATIjN. #5 §165- 501.06(Dj Commercial & Industrial Areas,
,, .
Ordinance'Requirement . .
Commercial and• industrial. areas. :The ~areas for 'coinmerctaT or industrial, °uses shall not, exceed
50 %s of the gross area of the total planned communrtq Sufficient commercial and industrial
+areas shall be provided to meet the needs of the• planned commuriity,,,to provide an appropriate.
balance of uses :and io:'lessen,the, overall `impact of the planned community on Frederick County.
A minimum`of '1:0 %..of the gro s area of the project shal'1 be used for, business and industrial uses..
Alternative Design .Standard-
Given the dense plarining46r. the Heritage Commons Land Bays; the areas for commercial areas
may exceed, and should be encouraged to, exceed 50% of the ;gross, area. "Further, -to be
consistent =with•the Comprehensive.Plan, `industrial uses sh- `Ad",not:be encouraged; and therefore,
not all owed ;-in'the Heritage Commons Land Bays. By do�n`g tfiis, the balance..in the dense areas
will allgow for higher - density :residential uses and will create Land Bays that :lend themselves Jo
creator a, corrin unity „where :` esidents can truly live; work:and play .alf in the same immediate
y Bay° Breakdown Table has been incorporated, into the Heritage Commons
.
Proffer Statement to demonstrate the ,minimum, and maix -i'- acreages fore commercial and
residential ,dev,elopment ,throughout - the project.
• j „
Justification for Modification:
A densely'planned community in• an area kI- ha _ i, s designated' ind'er the Comprehensive Plan as
such should pto,Vi' for a.,higher. percentage mix of,commercial uses: Given the intensity and
,.
extent of commereial.:uses ,they would be more harmonious if they "were mixed in, with. or
adjacent; to Higher , density °residential._development. The G_en-eralized Develop"mefit Plan. will
depict the Land Bays where' it is anticipated that the Nigher d"ensrty'_residential and commercial
uses will, be mixed and also,.areas- that will be .jesignated`,�purely for commercial. With the
transportation networks° and ,connect.M � of all the ;Land Bays; h,e,uer, it is anticipated that the
activity level of residences, commercial shopping, dining ' and work” will be ]a 6ut "so that the
re"_s_idents will be able' to `walk• back and forth between-these, uses and not need use their
automobiles to.access these "faciliti'es,and amen'ifies.
90
MODIFICATION #6 §1657501.06(E) Open Space
Ordinance Reauirenient: .
Open. Space. A minimum of 30% of the gross area of any proposed development shall be
designated as common open space.
Alternative Design Standard:
A minimum of 15% of the gross area of the Mixe&Use Commercial /Residential Land Bays, and.
100% of the gross, area of the �Buffa,lo 'Lick Run Stream Valley Land Bay identified on the
proffered Generalized Development 'Plan shall be designated as common open space.
Justification .'for'lVlodi'fication:
Heritage. Commons' is planned as an urban center design form that will contain single- family
attached and multi - fami'ly , housing units within a mixed -use commercial, retail and office
'development. This type .of'�urban center design provides opporturiities for indoor and outdoor
recreational amenities and facilities, 'pedestrian sidewalk and trail systems, central plazas and
squares, :small exterior ,urban -scale green -space areas; and rooftop green -space or, rooftop
amenity areas;; therefore, vast expanses of green space area are not conducive for this type of
development. The location of open, space areas and -the types. of recreational amenities Will be
identified on the Master Development Plan to ensure conformity with,ordinance requirements.
MODIFICATION #,7 §165= 50,1.06(G) Buffers,and'Sereening
Ordinance Requirement`
Buffers and,S'creenirig. Buffers and screening shall be provided' between various uses and
housin g YP t es.as if the uses ;were located within the RP,' B 1, 132, or M 1 Zoning District according
to the uses allowed `in those `districts.. Buffers and .screening 'shall be provided accordingly as
specified in Section. 1.65- 203.02 of this.. Chap_ ter. -Road efficiency buffers shall be: provided
according to the requirements of that section. In addition, along the- :peri'meter boundary of. the
Residential Planned Community. District; buffers, and screens shall be provided in relation to
adjoining properties as if the uses in the planned community were located in the RP,, B1, B2, or
MI Zoning Districts.
Alternative Design. Standard:
Buffers and screening shall be provi`&&along.the perimeter.boundary of the Residential Planned
Community District where proposed Commercial Retail and Office Land Bays adjoin existing
residential land use; or where single- family attached and multifamily residential units adjoin
existing single - family detached residential land use. Buffers, 'and screening shall be provided
accordingly as specified in Section 165- 203.02(C), Section `165= 203.02(D), and Section 165 -
203.02(E) of this•Chapter.
Justification for Modification:
Heritage 'Commons' is planned as an urban center design form that will incorporate. mixed -use
commercial and residential land use immediately adjacent. to. each other.. Land uses ,within this
form of development are intended to be integrated, and ,in some instances located within the
same structures ;, therefore, the requirement for internal ,buffers and ;screening are not practical in
achieving this type, of urban, design. The alternative design standard provides for adequate
buffers and screening along, the';.perimeter of the, Heritage Commons project to protect existing
residential land uses. This buffer and screening standard. is consistent with applicable residential
separation buffers ''and °zoning district buffers utilized 'in other portions of the Urban
Development Area.
MODIFICATION #8
§,165:-501.06(l) Road Access
Ordinance Requirement`
Road Access, All. planned community developments shall have direct access to an arterial or
roads
provided impi�ovedto arterial or
o plete system publacndards. The planned community
collector road or to
development shall be streets dedicated to the Virginia
Department of'Transportation..
Alternative Design Standard:. .
The proffered Generarized'Development Plan shall provide for major collector road systems
identified in the C.ompreh.einsive Policy Plan, which will 'be public streets dedicated to the
Virginia Department of Transportation. All other street systems located within the Heritage
Commons development may be designed and constructed as private ,streets, which will be
maintained by a master association or sub- associations created during the subdivision design and
site plan design process. , All private streets shall be designed in general to meet vertical base
design standards, utilized,.by'the. Virginia Department of Transportation based on projected traffic
volumes for the identified land; uses within the project. .All, lots created within the Heritage
Commons development may be. 161cated, on private streets, which shalt not be subject to distance
limitations from planned public streets' within the. project.
Justification for Modificatiom
Heritage m ns, s p
planned -an. center design form that will contain a variety of street
systems that is
n g e
to meet vertical base design standards utilized by the
Virginia. Department of Transportation based on projected traff c volumes for the identifieed land
uses within the project. T.he, ability to. utilize private street design will provide design flexibility
throughout the project that would otherwise not be practical due to rigid Virginia Department of
Transportation .street design, ;standards. 'The ability to utilize private street design will also allow
for innovative storm water management low - impact design and landscaping design to assist in
meeting waterquality, measures forthe project.
MODIFICATION #9° §1657501.06(M) Phasing
Ordinance Reauirement:
Phasing. ,A schedule of phases shall, be submitted with each proposed planned community. The
schedule shall specify the year m which . each phase will be completely developed. No
subdivision or site plans shall_ be approved in the ,planned community unless they are in
accordance with the approved schedule.
Alternative Design Standard :,
A Phasing Plan and Phasing Schedule shall not be required for they Heritage Commons project.
Justification for Modification:
Heritage Commons is planned as an urban center design form that will contain mixed land use
including commercial, retail, office, single- family attached and multi - family housing units within
a. master planned project. Heritage Commons exceeds the commercial, retail and office land use
percentages from conventional residential planned community projects, and may incorporate
mixed c•ornmercial and .residential ,band use within the same structure. Therefore, it is not
practical, to require ar phasing schedule and time. line that limits the, ability for the project to
develop, as this will be dictated' by market.,conditions.
i
I ,
i
MODIFICATION 40 §•165- 201.03(B)(6) Height Limitations
§165- 601.02 Dimensional and Intensity Requirements
Ordinance Requirement:
General- office buildings in 'the 'B,2 and B3 Districts and hotel, and motel' buildings in the B2
Zoning District shall be exempt'from the maximum height requirements of those zoning districts.
In no case shall the. height of .such buildings exceed 60 feet. When such exemptions are
proposed adjacent to existing residential uses, the Board of Supervisors shall rev_ iew the site
development plan pursuant tothe-provisions of Section 165- 203,.02A(3. ).
Alternative. Design Standard`
Commercial buildings, retail.,buildings, office buildings,.hotel buildings;,and shared commercial
and residential buildings may be constructed up to 80 feet in height, not to .include architectural
screening features and an`t'enna structures.• Additionally, commercial buildings, retail buildings,
office buildings, hotel buildings, and shared commercial and residential buildings may be
developed with.a floor area.to lot area ratio (FAR) of 2.0.
Justification for Modification:
Heritage Commons 'i& planned as a dense, urban center design.. -form; that will promote vertical
construction throughout •the' project. The ability to construct buildings to 80 feet in height is
consistent with. the height allowance for multifamily residential buildings, which will be
developed within the. project.; Other zoning districts .within the County allow for office buildings
and other structures to be constructed up to 90 feet in height and, allow .for a, floor area to lot area
ratio of 2.0; therefore, :the-Heritage Commons urban center design form is consistent with these
more intensive types of development currently perm
• fitted by County Code...
MODIFICATION #11 §165- 402.09(J)(D1) Multifamily Residential Buildings
Ordinance Reauirement:
Principal building (max): 60 feet, provided,that•a mu9tifam.'ily residential building may. be .erected
to a'maximum of 80 feet if ►t is ;set backfrom road right- of- ways,and from lot lines in addition to
each of the required. minimum yard dimensions; a distance of not less than one foot for each one
foot of height it exceeds the sixty -foot limit.
Alternative Desi�n.Standard:
Commercial buildings,, retail buildings, office buildings, hotel buildings, and shared, commercial
and residential buildings may be constructed within 20 feet.of public or private street systems
serving the community.. .
Justification for Modification:'
Heritage Commons is planned as a dense urban center design form that will promote vertical
construction-,throughout the project. This design form should provide. flexibility to promote
building construction that abuts wide pedestrian walkway areas that adjoin public and private
street.systems. Urban center'design ,promotes build -to setback lines,, which are not proposed as a
requirement for Heritage. Commons ;' however, this alternative des'ign'standard will allow for this,
form ofdesi'gn should it be desired by-the developer of the project:
MODIFICATION #12 §16 - 40b2,09(I), Modified Apartment Building
Ordinance Reauirement:
This housing type consists of buildings that-contain multiple dwelling units that share a common
yard area.. The entire dwelling unit does not necessarily haveto be on the same floor. Garden
apartments shall be at least two sfories'h'igh but no more than,four stories and shall contain six or
more units in a single structure; not to exceed 16 units wit4in a, si "ngle; structure.. Dimensional
requirements shall be as follows:
A. Lot Dimensions
A.1 Maximum site = impervious surface'ratio 0.60
B. Building Setbacks
BI From public: road "right -of -way 35 feet
B2 From private. road right -of -way;; off._stre.et parking lot,or. 20 feet
driveway
B3 Side (perimeter) 20 feet.
B4 Rear (perimeter) 25 feet
B5 Rear for balconies and decks 20,feet
B6 Minimum on -site buildring spacing: Buildings placed side "to side,shall
have a minimum distance "of_20 feet between buildings; buildings placed side
to back shall have a minimum distance. of'35 feet between. buildings.
Buildings back to back shall" have a minimum distance of 50` feet between
buildings.
C. Minimum Parking
C 1 ,Requi red. off- street parking 2 per unit
D. Height
D.1 Principal, building (max); 555 'feet
D2, Accessory building (max) . 20 feet
Alternative Design Standard:
This housing type consists of buildings that contain multiple dwelling-units that share a common
outdoor area. Dwellings can be on multiple floors; with buildings being at least two stories but
not more than six stories. ;Dwellings can have 'internal or external corridors at the discretion of
the developer-. Modified apartment buildings .shall contain a minimum of '16 dwelling units but
may not exceed more than 64 dwelling units within a.single structure. Dimensional requirements
shall be as follows:
A. Lot' Dimensions
Al Maximumsite impervious surface'ratio 0.60
B. Building Setbacks.
BI -From public, road, right -of -way:
20'feet'
B2 From;private road' right =of -:way, off = street parking lot or 1.0 feet:
driveway
B3 S'ide,(perimeter)
1'5 feet.
B4 Rear (perimeter)
15 feet
135 Rear for balconies and decks;
20 feet
B6 IVl-inimum on -site building spacing:
back; 15 feet back to back
15 feet side to side; 15 'feet•side to
C. Minimum, Parking
C1 Required off- street parking..
2 per unit,
inclusive of
garage
D. Height
Dl Principal building (max):
80. feet
D2 Accessory building (max):
50 feet
D3 Maintenance buildings (max):
2O:feet.
Justification for Modification:
Heritage'.Commoris is planned as a dense urban center design form that will promote massing of
dwelling units throughout the project This design form should provide flexibility to .promote,
building construction that accommodates an appropriate number of dwelling units within a single
structure. The dimensional, requirements provided for the -Modified Apartment Building achieve
appropriate setbacks. for 'siring of buildings and protection of adjoining properties, while
providing densities more'in keeping with, a dense urban center.design form.
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Russell' 1501-tezonfilb
1 .7" 00-5
12cvisciFi \hrcli'16 200 . vi I s M Septenilfer , 1& 2005,
F.
xx
C P k OIF V! C4, 4Z, ST AT�I Ci- T
jv�
SS
ELL 15,0,,-L -
-A
R- E Z 0 NiT FNI Q RMIal -05
RLWA,Areas
t0' BdSihess:-`General -(32 )A d Rc§ntia d
PUN-ifianct (JU
PWOP R,] Y,'.t l50 2$ =acres
Tax Parcels #64' ((A))- 10 -(( 124
A -P P 1'; 1 JOA N Russell -in
- -11, 1. -'. � 9*11J. - (bete -:in -- afCei the - - ;- , I - 11 . f
MOIECT NAME: . Russell' `l''50'
10R],
Okfobe 1?-,2004
,!: �r 6
REVISION,-i S-4 0N�,,-W,.Tl::;. Sti5t'a�4' -'I -:, 2o.,65
ij
Nlrsddh(, to. Section 151.242296 Et. -Seq.. of the Code of \Vii-g- - i
i, .1950; ,as amen&dj and
jtfp> hrorV 181611S of , t1i County:
Zdllilij- fli: 1!6sp t, to, 'conditional
.,i,c inai
"9 _Jce !i,
ff&rs, illR ih the evefit. the lid .Boiii , of
zoning,, tic -0 hereby
Sti)ei-\isois.,of'Fiedei-i'ck.CoLft3Vii -ifiia shal q I ,o yeRezoning, Application W,
fortlie:IC'zoiinlg.of`1�.0'2'S� ac=es fl'om dhc Rural �lrcas (RA) Dstll "ct to 96:28f o
acres, of
i,� I P r' rniance:(RR) Disfrict;
acres,. esiceiit
-eYg one; jaicl m
fi orh-
ity with ,tl iI e
teriis
- �aild.coiA ifi-ons 'set forth herein, e-xcclg to "I xtoit th=at such '
'tOhi.s bfid. c- 1 soficliti- M, 0
may be sLibsequqiitiy amended ed oi*-'re-N/Tsed by, the ap6li-cant and such, !jer ppliroved by fife.,
Rcd&rick-'.County Board :of 'SupenVisors hi l,accordance With the said` Code and'Zoiiillg=
;In ltlio=e-�iefitthat sUh;re2011111g,i's lidt;,gyantedi then diesep-offiers; §hailFbc
' -Tlies&*pfdff rs' sh=a'l'l he binding upon
7
the A'pj)li'eiiit. and piny leg,il sti-cc6sso-rs, 11-clil's, Oli':assigns;,
'iUikljq�' desciiibed;a& -the - flanck
The 'Pi-oli.cily, f Jcn'fi'�iccl 'as,RIusscIL 1,501- ands more-part
6-Whed by' Rd §0 11. `150, - UC '-.,a*'1-1. of Tai. AU15,Tated 64 ((A)) 1-0'. c�ftcl
ping
4 , th& R�'in-a-fihi 'i -g Laind f J iiiie H.
aill" ftfiiliei� �f§ AldxN ii at �&iitj,tvtecl sAn-vey.'..,
Russell,, byll--bert pidAssa6taics. elated F6111al-Y :11, .1'598;.
H164370 UIL'AW
t.
G Nnwa En,inc(riiio belober 22.-200,1 RAISSOI 150 Reioniiig
Rey is d O iol)`cr-27�200'4*;,rltcN,isccl,l:�I)rt-i;fii, IT 2005
Re is6d 16, 2005,;Re iisuds
L GenemilizW Devellomnentflan.
Tile Applicant to develop the - Pi —IC-1—.1y j:1-1 substantial canfi6i'mailce vvith a
Generalized' Develolmient PhM. prepmed by GreeilNvaY Eno inceriihg� elated -Sept�cni-beT 161,
20'05 ("GDP")! approved, as. ;pa> t ofthe: -1*,CZOII , aPplkation, The GDP is intended to;
clal i fileate the biajoi; th6W'-L-'I-g- 11fal-Cs that:,_Vvil I traverse -to4he
coffinlet.c al -,"fild xe ifl ci-i qd tjay:s The r indabbut. Absi-gil, idehtifi'�cd at tile-
intersection of )Nlql-ribr� Dl ive and iii1encled' to be developed
LIIIOCSS the Virgil ia Departm6ni, Ti•ansporfatfoti cleternliheg that another
I'gli iS'i A__V,-_If.ffqMOd dLII',iFIg IfiC
ill-tersedidn kles .,Ifid -dj5p-OVal of the PUbli'6
.V
ffiOthdr
IffiPrOcIllefit 1161i, roil' tl-,. a— Ccatiqp ihil5i Qn-fie-h'ie'nt. appWNW :of
iIlt&s&ti6iI desiVn At. 116VO and Aiqh rt Rci4cl Extended ail] not, necessitate-
approv I of a, new G1D— P OW -3?jrd,-1qf
$tjpqrvj.sor.s. The �GDP,'klcnfific.s`ihe 961.28� -acre
Btisiiiess,Geiiei7,-il'(B2):District land',ba,y a ncl,t he S4. Oi—aciTeResi clen ti a'l Perrormance.,(RP)
District .land 'bay.
I I. Trallsoorfadoll,
A. C6 nl'fli-6 A i tYD.bV6l6 j5 fli'd ntALIthOi-it-j (Agreement to -Pbrtitipatd)
I'lle A hilly J'a the, �Qdmnluliity Development
Applicant hereby '0 i
pi�ff&i*sl to, barti,cpate R-1
JI
(I'Q DAM),spec'iM -fiaxhig the construction-Of
specified public 'infirastrdculfe, 'briefly described .as(I)' tile Interstatez'S I /Fast, TeVis.Street
fl)vov&,6pi'dgi-�b (2) the
th&I 6-f lifi" of W rd 4 "1 D i Ved,. " i
rpor . Road Extcfided,- and Eqst
TeNl Sj stl;oa and a�§b,6kit6d
i
_0 it c ty, bfid (3)'
,sewer caj)-t0j, facilities tassociated 'Avi , ill thesci thqQ11glif4res..t The utilization, of trio CDA
.pro.vides fit!nclirng 66r tile 'siniuftaneous develbpip en.t.ofia,il 'cbv&&lL J)tiblic iI.I)fI'aSt.RICttIrej.
0 ,unified thbk IAcitifi'O's ifi a: single 1111i led
IIILIS, enabling Aliev t-0 U tioiv ;01 all prqjeu
N.
'31441 fist; JI' �00'6fljl-waeinipr I ov . e I
6ohtffiri�ht,vvi the )f!
uTip-r-b-yen-le'nTs within thi" se(fibh cit& unabk to 6�e (011101'6ted th, dligll ;the-CDA fatidii
,source, the Appljcapt agrees4a, fund .and: complete skid
.1il p-9veme t ,c
OICLi el, vNffh the
nilprpmements by the Aj�jAi I cant;
Rqt- of' . I- - ,- _ _ , .
1A4d(HU D r-I-VO
'Tile Appiicant herebypr6ff6rs: to construct file 111filliatesection, of Warrior Drive! ,\Vitlljh
onforinance v6th the 'Public Improvement Plan,Ahat -,\.\0I be appro,\ edi by,
fliet Pro,peil, iii-c
ye opment activity on the Rroij ruy..'Thd App s jcan iak d6cli&a'tic,�i
IiiihaMi'm ];20 foot right -of-AVay 6� . teiidjiig
Stied to th' - Property, 11, alignment -consistent With'the GDP
and l?Lotifidary-pf the to ) r Y
I in,.a_
the VD01 Ved. Tli vement; PIhn,. 'Tile intersection of Warrior Drive;
-,bfi,c fllli?i:o
maintain ,and_�Clsi Tew'&Siteet shall. be configured so .as to ill' East TeVis Sfre&t as -.tile,
4WO-gh The i`it&s&.t ibb �VJ ith Aie5dit ZbRI EOdid &d shall b ;ih thd fdffi of
file : 3 101 IffA.W' 2
Aussell ] OAZCZO
Revised O
� r.127,100:1;' RevisM-'Fdirupr) 17 ,200
�
R6iiktd S&f)t6fflift 284'2005
JO 1' damiiiii6s that afiotli:&
qn, cesign is,
.01117i'lit''ille! reNicvv and aliproval of the Public linprovenidit _Vlan for fjj�is trfnsp.qqmioll
'If f 1proveilleilts: 'N
'617 a I Jy reason' ffie:A se ibed, Vithin this section arch
H
unable 'to be coiiil)let,ect-�tlii-o,tigll:ilie- CDA fundillg, SO,Urce, the .App ficant!agrees to Rind,
I & C011CLUTell t A
and e6hip1de S'Clid'AnTI, t.AV 11, lie. first 15y ti
,C; Ahfpbrt Road, Ex tended,
prof rsto'WhstrUct tlle.Ultiillate 'et-flbff iff,Aii-fjoft Road Ektdiided
within. vile Propeit.�� hi.Tconf6rip,�nce with the Pijbfic, fillpro
within I � - I - 11..____ development . - _1 ; yein,eiii Malli- that xvitl. be
approved by VD01' p6jor 'to ,any yAevelopment-- activit-`y;.on -tile Pi7ol)ei-'ty-: The Ap 'licant
. : I I � ' I I P
-Is," —i" - 1: b}' NOOT �ir'to`in, the eastern. 13.oulldaryi
§hifll,d' 64i Cate, light 64��� 'i Ve(JUH-CC,
with N., / a rf i dr D,liwe in;a"ll' 6 1: i Niffibilt :doiisistetit �Jvi .'tli.
g
approved -Public j
'qjlYr Ve�!je it ptan! The Applicant,sllcifl 'I ilsta111.61 I I
intersection 1111provellienm,at the front Royal Pike� I Airport- -Road
;Rik Ah
bean ,tlie -f,6i-*fi,i,.6f�,ii(o,ttiid-a,b,6t,it,iii'iless,V-1)OTd6t6i-.iiiiiies,-,'tli,qtanother: hlfeksbctibnAesi7
911,
isiA.V.dfrailt,ecj. cl . 01-ijig 1110, -rOJ61 iand a-l* -Woya-l. of the Pub[ k.')ijij)f6vqi!-1&fit Plan f6i• .this
Ancinspol1citi oil, I ill pro ftinent& If fob zany reason the described mprovein , ents- yvitlliir this
sectionarc-,Linalite ninfl
to' be. coe1e C l'through tlle;C agrees
to und and, completes-aid inipr6mements coilcurrei* afimprovemeiits
by th,&.Ap1�1itaiit.
D, 'Iiiiei7siiic,g)],',/,Ecist,'TevisI St-i•ect:171-yQv lr ,-'�ql.'7ia"gp;
The% A— fi-ait i_1- B., 0 _-, to 001 . ist I I - !Uct a ffi� V& Wridge crossing ;of
J�J) !C,c, 11 , 1cre y 11ro, el's
1!-Itqstate 8A, ta-!,-iflowfor Dist Tgu Street connection eilG Fledelick County and
the Oilv,4- Av"i - i i'cheste-f, Tfi2'i l5fifte: mid. associated
ith 'iho Publ' lippi-omemea Plan that vill. be
,sidewalks, %vill be, In conformance A-V ]c
-approved'. byVD'OT'.prJ`6rto; aby Aevelopineilf. activity ,bm.'tlieProl)ei-,iy-,, Iffor any reason
the desc-tibed iiilj?1•6,N�'Cihbilts NVIt'lilifl.-thl section 11 Are, uiYa b, 1 6 to; be Lt illp 1 e t e . tI lrou g h, the.
OA T6ndjn% §&ftW, -thO Ap q-g-jr-eps td flfid and - ill! said 1111p;
hts
concu -fqit -w!ith thefr§tlAiaseiof -improvements by the ApAlcaiii,
`Tile'. Applicant• hereby jar ' s, to coil ti c( the section of East Tevi
s Street
I -oper co
'Nviffiih- ille P'i nffirmance, Wi"th the Public hnprox�pmenv Plan- that xvilI 'be
C Pi OW, by` AIDOT i.)7 ion; 'the RF61�6-ty-.- The Appilibatit
e4 ic-
1,20.2foot `\,Vice righ "I way` eNfM ding from file. -�vemril:
d ai rt) to tile jjqrtIjey n botfil-dai) Of tile.' P
ppeq)'t in 'air 614iiiient
consistent with, the GOP and the VOOT'approved 04fic Imi)tovement Phim., If foi- ally
!-ile,k'370 11EXW 3
Vrie %va 004 ,Russell 15 0.Rezoiiing
R61sed Qciober-27,
�2 005
.
R'c v i s 6d. S i i ii tic S..' 160 5-
1CdSOn the escribecd w4thii, tilis' saeldii, arz ltliihle to be c&fil5leted
Olt'.Ogh' the ODA ftin'din.- s - ot i r- ce, the Applicant dgred�' f �fbi -A t
v. . :� - and III A k� Sal
0 fund
-!pprovehien , ts-cone'urrent with the first iiiiase,of'inil i,-odeiiieiits� by the Ami'li'Cant.
I': Col tllbrrf>gn to, iedcr>ek Count} General I ia I I s ii b. I I a f i on *' F i qYd
Tk; ApplicAlit Iidbby�'IirbN6-§ to- liro-vide; a monetar , contribution unconditionally to the
00 66-, H'eb&ri&.76'opiity G-dileFa[. ill 'dj 61fl 6OU This:
monetary cbitll Litl-6 f shall be paid to, 1`66eid\- Count] t"tlC:t 1l
of , 6ullciig f5dlift
ISSLlall'CC, for the residential ijo -,.tioii, of shc Prope ic-Allf shall provide a pej-
. - -111- - 1-1 . - I- _ , fund -p. - pl.
Lill i C.Illoiletary, con't'ributilon of-1-3):,-,5.00'00',to -fund tlie.'-s;l-,,00.0',660:0.0:coiii*iiiiti,ileiitj or su(ii,
i5ciditioi-la I di & tIid,' total .,ffii mbef 6f' approved l feside'llti'dl L1llitS'\vhich- will
equal '000m-0.
-G1. Tax Mbli ,:P.,Mc6 1 8"Mter-PA•M Connectio'll.,
f inter - parcel' - -publib 'street c.o.nnectiof!
The 16, prov--icle pi 1 , t
a Par�cel f
Iali
between the resildendal., alitt l?
I'll t& 17-1 alc_el Connection, Gaiinciti be, .constructed .Ito. ,coiiiiect ,,vifli, another pubfi&;street- on
Tax, N/Ialj,Pa-rc 64, 8 ,it- th&--'tiffie� of d'evdioOfficht, Ultli&:fiffal
0 Pi. I ant will cloditht igl*�of�.� v ]Y66-y&n the
'�-vitllhl th tie A .c, b 50'-�.M'ot r- V-C�
public street; se 1: t- rc".-
py!ng't ie.--residenfj� gpi:6011.9f the Props :.Jp�:__ a�p' Pa 61 64,,((A))'-
18,. and mH I cppsir,uqt the tIic,rcS'i&htiq1 portion} of the Property to;
c 61i n6ci -40- ,Front Ad ak Pi keflZmfte 52,2'.).
H. Bicycle1mnesw
JlibAfit ]id`1-*C1jj1Y ART"Offdrs. t6 -6- bi - I - Jand§ -M6n* Aifpp l;'t
I'M" A-pi � -1. - , -.), C' C
PIISOIIC�L 11C
i . .".. . a lic t . E - O'gc. Te-v j�,. c.- 't, wt i' i 'n - the P -
e, -pt i,et -
e-d ' Dp THese
.
cle lahes;wl d I!b desipned as 10- foot w ide asijllalt'lc nessepara te from the vehicular
1ravel-tanes; arid inclUded, as i)ai:t,'-df the 'VOOT appyQyO PpblicY
. . " finprovem , e ntflan, for
ea6li.of,tielioadste§ciibed ,IboNe Iffor an), re ason dle, descri bed improvements '.\v ithi'l
diis secll , - o"ilaie ii able 6,b,ey,COii7"f
lQt6d- -tllr-Oiigiitie'CDA�,,Itfdiiig%so
,ii"-'.5 the,Apllicant
es t o hind, and cOhililetc said implpv en e-t s cohctireftt, ith tfid
flr9f ,phase -of
imI?!bvem*eht: by, he
.1-1-. s t
- ..!; .11 Al? PI icAhVt,
� Gil c 9 37 0 1'/ 1-'-* tC \V
p
recn w�!y;j_7.p gi nce rl 1'i
0 "2005
Rc visej.,Nlar6
'Re�?iseil}scpteiiilie��2S; 2001
411. RditfehfiA
A. Resi"c1len.0h.1 Use'Resfr'iction.
Kossell I 56,ftezoniim,
116I Ao-ijli'c-ant 'fier-b-' it& 'IkA bit 'tile; TOWO-XA0ji'j� types tile
q� �,y prof. ers�, Ising
N.Oppljy:
Z. i i - lg i c--fiff6i i I V d 6taklidd traditional
3% -.6arckn* al-Aarrmcnits -
R Phasi'lig
The Applicant liciehy f#oliers that e1esiclental clemelqpmelit 4i2fl I be 'lj'hA'sdd"to. unlit t :tile
nuiiibe oG iesldeiitial dxv_e'l]1_lQ Liit; 'kiidi- t s tIcF6 ijy (40) per calehdar year
beg.iniiino'in the cafe ndai-. yearin \\;ffich- the Ma stet-Dcycigpinclt-Plan is approved;
Tllp ap I I CS \ I't-Iii - n, the �Residential - . 0 1
Oical t vi f rilia ice
(RP)''DistAbf land I bay shall. be C011stftl Ctpdi with masonry �yqtlj treatments -(i.e. brick.,
lie- .'or �equjva e- r, a, im - iii . mum of eighty
aithi-fec,turAl bl66kj_ d �§t6 at 11t), ove
t ie ex terl or \.\a OQ.. lig.
&f (809 -1 1 e'xtfL1Siy6of
p� g zll�g;all �l
D. Monetary Qonfribl.i.flon to.Ese bli,sli.,Ho-iiicoa.Nneks' Asso6idiion Fund
111( API)Ifeaftit: - h6teby, p'fogets,to, Tuhc.f 4oi.' die "lie'sidefit I ial ddvelbbmefft
wiihin tile -Prolvytyl, w:ijf 'filt`tude all 'filifial Allilp 5qp payment t1fe
.,applicanf and all adclitibiial' payment of &f00-.'00j f6r,each iila'fted lit df the )y'ich
titch
,assessment for each plafleclJot. *is to be collecte(L at -'tile time of initiff,transfer ofitftle.lajid
to b&, dif&tedj to 'iM 46fieoN mein Ass _6ciatibh , 1-JOK- n 1
Langp4g, Will be
mi porIX _C6N Whelit, dlid Deed 6f
Oj:cfted int& fife "b�da-Vatf6h bf R&Wi'div6 V&AiT D'
oedle, atiollf tl>at znsuies tile, availability hi'y of.. thdk'Amcls tq
-"' lie tr"fhs`f&r O'f-o\,V
-.'ner-s"hlp
and, the Applicant to theHOA, 'The start -up funds; for
-theI H'QA shal]. be:madeavailable for :the purpose of iii-,iiiitenancel,!of,fall?'fiiiipi7oNceiiieiits;
OKIdiiii the, -0-Milib . li open s , pa . c,c ai-6M, NAHA ii 'ifisiirance, stf&&t light., assessments, and.
piopel-ty.iirt�ageliient aicl %o> ;legal fees.
-Y
l:ilcT370.111*_-_AW 5:
Grecm�;g I eeri'ng I 'October-22 200 +1 lY Riisscll 1,;0Rczgiiing
Rig keel bcctnlicr27 200-"; Rc iiiy1j,Z,.2005
RcViticd Oil 16 200 ; RZvise&Sejituiib I ;6 201).5
ReQi'scd Siptciith�Yr,28w200�
HIV., Mdridfai-y Contvibufi6ns4o�Of8ef Iii -Netof 1). I— onnictit•
The. t►ndersi,gned: owners of the above=clescribecl propclty.. licreb }' :tco_luiatariIy Proffer that,
i►i the exi6ht ►ezoi ing, aphlrcati`oir"# .Q 05: is aj proved,, `tIie iinde►sig fie d will Izay to [he
1 reas`tnel; 1 1'►eeler lcl< Coupt:y, `in; ijlla. GO itl rbtf(idhS it' :IS noted thftt'thc.
1 rsud Impact Model Qui[Ptlt iylod jle .prepared; try the 0.0. ii4.. 'Cou>itj' I?1'anli -1
Depai tmcn on 06tober 26, 20044 l'nclicates �tlie coni6incd fesideiltial ,anei commercial -uses
proffered'.thlough this rezoning will yield a•:substanthd net fiseal impact gaur:;to Frederick,
Country,.. This -hi6hetaij! c.ontl ibttrojr.eace "e'ds, thiit; inclicated she;,results ;of the. Fiscal
Li l atI N4bde10 -tit Module.
A. PubficRS'choof Sys,
The Applicaiit liefebv pi ;ol'fiefs to contribOt X3,000 :00 per ie5izlei►t ail. un ;to; be,
zii►ccted; to 1- e -ler rck Coernty 1',�>blic Sch061 -S ' T his; mo In �u y confr ibution shall ;lie.
paid at the tine of�'bt ldinb permi' issuance :ofeach residelitial dwellifl& unit oli the<
P roperly,.
I3-: Fire and Rescue'Setviees
Tlie Apjlrcant heley ploffels to, contribite.$1,0;000 oo_for.ffc al1d, iesu.e services to
be dllcctcd to`thc loci tii'e and rescue =company -'prLovrZli�g lust response sea�ice to the
Property, This .n -Oh— iy eonU"ibution shall he %l rid '.at the time of issuancegof66,first
Nillding pc.ilnit o�� the Propelt }�;:
Qiial►tl'_me.isures,.
The :applicant '.l ereby proffers that- all, commercial and resi °dential site .plans
subiiiitted, to .hiecl'6 icki. County ivih. ae clesiglied to Yihij�leliierit Low =h]ipact
Dcj <elopineiit (L -I_D) aiid /oi: Best 1\!tanagemenf• :Plactices WMP:)� to lir�oinote,
stolrny�;atei~ duality measures; 'lie, proVU'Od: on each comlitercial
and residential .site Ilan 'identi6ii g the: party or parties . responsible for
maintaining= ,these L'•ID :and /or''BMP facilities as.a,condifion of site,pl"anapproval:
lhe,f`pplrcant he cby :hioffeis.to esta�li'sli a no �listurbaiceeaseibent wltl iii tire,
Bu04 lo Lick Run.;sticarrr valle }, that is depicted on. he GDP.. The gurgpsc ofthis
410, distUr'bance. easement -i's, �to. ;prohibit development activities mwrtlilnw the
'001 1 161:61 " al. and res' Wential. land bays that are located .\within �tlle: def ned.:,area. The:
Dilly actr \'ll - }' tliat ;lift }'' 6&C. hVlthlll this 'ho distfrj'babCe easeifellt, N-vi InG1llCIe
l tility mst'iflatian and a si►igle road cros "sing C1' the 66fitiALI-atibri of \V& i6r
File iJ3701YFA;�1'
dctq1')er,2_
_yay ;ngmeermg,- 2 Rumil kid Rez&fflifg:
Revise"abctobcr2T'26
13,-,2005
R6,ised M;ircfi I , 6,
s d S�hlemb� 2;,200
'V1. si�ynifb &.
They clon'ditiphs, 'proffei-,ecj 66(jve Shall',' be -6ifictijig M oil file hells,
exec itors,
admiIiisir ail d successors In ,11'e? interest of 'tI e,Iapp] i-cant:aiid,-oNVn I-..-
In the. CN"eilf, tlies, ,i-edei-ick, County Board oF'S.LtpCJAdSGFS & ants: this' 117CZ01lihig, and
aC6 ts the d Rlifibls, `the pro qved -6 di t a
to,the la el �ezotleel.: it
addffl - -t- -tI t- �'dt fd!t i I
meme.-h s, I ii the Pve 'ci �bk.dopn
41_QPJA Wel MY
R- Oq pb c t N I Ly
.By:
Co ill ill oil Nvalftll-;ofVi rgi,iii a,,
2'.0,067' IDy
of To
1?!3O_O4_
11-ite
is f "Av of Sc t
ftmioft Nvas, a . cknowlq I d' bb&�6,ibe` I s d
t
'7
M'y �Q Te_ biva.-qf- Z-9, 2_068
Flilc•93701113A-W' 1 7