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HomeMy WebLinkAbout04-05 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: August 3, 2005 Recommended Approval BOARD OF SUPERVISORS: August 24, 2005 APPROVED DENIED WHEREAS, Rezoning #04 -Q5 of Senseny Village, was submitted by Greenway Engineering, to rezone 49.70 acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.09 acres from RP (Residential Performance) District to RP (Residential Perfornance) District with Proffers. This 73.79 acre site is located on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route 867), in the Red Bud Magisterial District, and is identified by Property Identification Numbers (PINS) 65 -A -49B and 65 -A -55. 'WHEREAS, the Planning Commission held a public hearing on this rezoning on August 3, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 24, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive `Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 49.70 acres from RA (Rural Areas) District to RP (Residential Performance) District and 24.09 acres from RP (Residential Performance) District to RP (Residential Performance) District with Proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 437 -05 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04 -05 OF SENSENY VILLAGE This ordinance shall be in effect on the date of adoption. Passed this 24th day of August, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Ay e Gina A. Forrester Nay Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Aye Gene Fisher Aye PDRes #37 -05 A COPY ATTEST Air John ir ley, Jr. Frederick County Fldministrator Gicenway Engineering REZONING: November 22,2004; December 29, 2004 January- 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 August 25, 2005 PROJECT NAME: Senseny Village ORIGINAL DATE OF PROFFERS: November 22, 2004 REVISION DATE: August 10, 2005 Preliminary Matters SENSENY VILLAGE PROFFER STATEMENT PROPERTIES: 73.79 -acres Tax Parcels 65- ((A)) -49B and 65- ((A)) -55 RECORD OWNERS: Hazel C. Lambert Taylor Grace, LLC APPLICANT: Taylor Grace, LLC Senseny Village Rezoning RZ# 04 -05 Rural Areas (RA) and Residential Performance (RP) to Residential Performance (RP) with Conditions Pursuant to Section 15.2 -2296 ct. seq. of the Code of Virginia, (1950, as amended), (the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 04 -05 for the rezoning of 49.70 acres+ from the Rural Areas (RA) District to Residential Performance (RP) District, and for the rezoning of 24.09 acres+ currently zoned Residential Performance (RP) District to proffered Residential Performance (RP) District, development of the subject property shall be done in conformity with the terns and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the applicants and their successors and assigns. The subject property, identified as Senseny Village, and more particularly described as the lands owned by Hazel C. Lambert, (the "Owner of the first parcel being all of Tax Pile N3921/EAW Greenway Engineering November 22, 2004: December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 August 25, 2005 Senseny Village Rezoning Map Parcel 65- ((A)) -55 and further described by Will Book 115 at page 1563, and the lands owned by Taylor Grace, LLC, (the "Owner of the second parcel being all of Tax Map Parcel 65- ((A)) -49B and further described by Instrument 11050002909. A.) Residential Land Use The Applicants hereby proffer to limit the total number of residential units to 285 dwelling units on the combined subject properties of Tax Map Parcels 65 -((A)) -4913 and 65- ((A)) -55. The Applicants hereby proffer to prohibit the development of garden apartments, as defined in Section 165 -65L of the Zoning Ordinance on Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55. The Applicants hereby proffer to develop the residential dwelling units in accordance with the following annualized phasing plan. This annualized phasing plan shall begin in the calendar year in which the Senseny Village Master Development Plan is approved by Frederick County. All dwelling units not developed within the specified year shall be carried forward to the ensuing calendar years: YEAR TOTAL BUILDING PERMI IS 1 70 2 70 3 70 4 75 TOTAL 285 B.) Generalized Development flan and Master Development Plan The Applicants hereby proffer to submit a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of street systems, residential land use areas and open space areas within the Senseny Village Community. The final engineering documents for Senseny Village will be in substantial conformance with the proffered GDP; however, it is recognized that modifications to the final internal road alignment on Fax Map Parcels 65 -((A)) -49B and 65- ((A)) -55 may occur due to site development constraints such as wetlands or sleep slopes without the need to modify the proffered GDP. However, in no event will a modified internal road alignment encroach within File 113924/RAW 2 (ircenway Engineering November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005, April 14, 2005 June 14. 2005 August 10, 2005 August 25, 2005 Senseny Village Rezoning the 50 -foot no disturbance easement adjacent to Glenmont Village Section 6 on Tax Map Parcel 65 -((A)) -4913 as described in Section 133 of this proffer statement except for existing dedicated street and utility connections. The final engineering documents will ensure that the Senseny Village Community provides for a street extension /connection to Rossum Lane (Route 736) and Glenridge Drive (Route 865), an internal street system that connects to both of the extended streets, and an inter parcel connection to Tax Map Parcel 65- ((A)) -72. 2. The Generalized Development Plan (GDP) has been designed to provide for single family detached residential Tots to adjoin the Glenmont Village Subdivision and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue on Tax Map Parcel 65- ((A))-55. Furthermore, the GDP has been designed to provide for open space adjacent to Glenmont Village Section 6 on Tax Map Parcel 65- ((A)) -49B. A no disturbance easement that is 10 -feet in width shall be provided along the rear property line of all single- family detached residential lots that abut Glenmont Village and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue for the purpose of preserving existing woodlands on Tax Map Parcel 65- ((A)) -55. Furthermore, a 50 -foot no disturbance easement shall be provided on Tax Map Parcel 65 -((A)) -4913 adjacent to Glenmont Village Section 6, which shall remain undisturbed between the state street serving the townhouse lots and the existing residential lots within Glenmont Village Section 6, except for existing dedicated street and utility connections. A no disturbance easement shall be established within the open space areas that are associated with the natural drainageways to protect the integrity of the waterways and the upland slope areas. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing to provide access to the southern portion of Tax Map Parcel 65 -((A)) -49B. A Preliminary Master Development Plan will be submitted for the portion of the subject property that is located on Tax Map Parcel 65- ((A)) -49B to demonstrate how this portion of the subject property would be developed. Board of Supervisor approval of this Preliminary Master Development Plan concept does not bind the Board of Supervisors to any action on this rezoning application. Additionally, Board of Supervisor approval of this Preliminary Master Development File #3924 /LAW 3 (hccmray Iinginc ng C.) Transportation November 22, 2004', December 29, 2004 limitary 17, 2005, February 24, 2005 March 17. 2005; April 14, 2005 June 14, 2005; August 10, 2005 August 25, 2005 Senseny Village Rezoning Plan concept does not eliminate the requirement for a Master Development Plan for the entire 73.79 -acres subject site. The applicants hereby proffer monetary contributions that are to be utilized for improvements to the Senseny Road (Route 657) corridor and /or a proposed north -south connector between Senseny Road and Berryville Pike (U.S. Route 7). The contributions, in the amount of $5,000 per single- family detached unit and $3,000 per townhouse unit, total a potential maximum of $1.145 million dollars. The applicants authorize the use of these contributions unconditionally by Frederick County for transportation improvements to these roadways. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. The applicants hereby proffer to design and construct right turn lanes (and tapers) of eleven -foot width, and to include curb /gutter, on Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle (Route 867) intersections, within the existing Senseny Road right -of- way. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. 3. The applicants hereby proffer to design and construct improvements to Rossum Lane (Route 736), to meet VDOT minimum geometric and pavement design standards sufficient to allow for two -way travel and on- street parking, and to include curb /gutter, street lights and storm sewer, within the existing Rossum Lane right -of -way. Furthermore, traffic calming measures will be considered during the design of the Rossum Lane improvement project. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. 4. The applicants hereby proffer to design the internal street system to provide two means of access to Senseny Road via both Rossum Lane (Route 736) and Twinbrook Circle (Route 867) for all residential lots. Traffic calming measures will be considered during the design of the internal street system connections to Rossum Lane, Glenridge Drive, and 'fax Map Parcel 65- ((n)) -72 if desired by VDOT. The applicants hereby proffer to provide for a right -of -way dedication for the future Route 37 Eastern Bypass in conformity with the Pile #3924/EAW 4 GUCCI Engineering D.) Monetary Contributions E.) Community "Crash Collection November 22, 2004: December 29, 21104 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10. 2005 August 25, 2005 Senseny Village Itez g Alternative C alignment depicted on the Frederick County Route 37 Corridor Study Functional Alignment dated October 1992, as identified on the proffered GDP. This right- of-way dedication shall be provided to Frederick County at no cost within 90 days after receiving written request from Frederick County that the right -of -way is needed. The applicants hereby proffer monetary contributions in the amount of $10,000.00 for each detached single family dwelling unit, and $8,000.00 for each townhouse dwelling unit, to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on November 19, 2004. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses within the Senseny Village community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Senseny Village Homeowners Association "ROA or sub association at such time as identified in the legal documents setting forth the guidelines for the Scnseny Village LIOA or sub association. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Senseny Village I-IOA or sub association until such a time that this service is provided by Frederick County or other municipal providers. F. Monetary Contribution to Establish Homeowners' Association Fund The Applicants hereby proffer to establish a start -up fund for the Senseny Village Homeowner's Association (SV1 -1OA) that will include an initial lump sum payment of $2,500.00 by the Applicants and an additional payment of $100.00 for each platted lot within the Senscny Village community of which the assessment for each platted lot is to be collected at the time of initial transfer of title and to be directed to the SVI -IOA fund. Language will be incorporated into the SVFIOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the applicants to the SVHOA. The start -up funds for the SVHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and /or legal fees. Pile #3924 /HAW 5 Grcenway Engineering G.) Signatures November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 August 25, 2005 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: or- Grace. L C ay Denver Quimielly, Ma ager /Member Commonwealth of Virginia, City /County of F4 M/2 /C,e_- The foregoing instrument was acknowledged before me this Z' of .1,c 20 (Y by Ly /I/ /c: kthf,J.FL My Commission Expires /b. 3 09 File #3924 /HAW To Wit: 9'2-05 Date Senseny Village Rezoning otary Public 6 Cireemeay Engineering G.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: 2041E by File A3924/EA W I azel C. Lambert Commonwealth of Virginia, City /County of The foregoing instrument was acknowledged before me this day o My:Conmmission Expires November 22, 2004; December 29, 2004 Ianuary 17, 2005; February 24, 2005 March 17, 2005: April 14, 2005 June 14, 2005; August 10, 2005 August 25, 2005 To Wit: Notary Publ c Senseny Village Rezoning 9 7 as Date 7 LL c co 0 T2 4 co co 20 E 0 eles es co c co MulmON r0 wrm 69- 03 e 3 5-51156.311 MN 0000 1,NION 5- MrN co 6 U3 ea Tr 03 0 ct WOCOMNONNN CO NOONMNeN69 V' NNA-Nta 55 N Ca o o o CC to' 0 a co IA Lo 3 owm rrz Lo Z zze 0 s E 92 tsg 0 CC 0 0 CO cd '56 c, OTD 0 =0) ul 0 E CA 7 0 Grecnway Engineering REZONING: November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14,2005 SENSENY VILLAGE PROFFER STATEMENT PROPERTIES: 73.79 -acres Tax Parcels 65- ((A)) -49B and 65- ((A)) -55 RECORD OWNERS: Hazel C. Lambert Taylor Grace, LLC APPLICANT: Taylor Grace, LLC PROJECT NAME: Senseny Village ORIGINAL DATE OF PROFFERS: November 22, 2004 REVISION DATE: June 14, 2005 Preliminary Matters Senseny Village Rezming RZ# Rural Areas (RA) and Residential Performance (RP) to Residential Performance (RP) with Conditions Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 0 for the rezoning of 49.70 acres+ from the Rural Areas (RA) District to Residential Performance (RP) District, and for the rezoning of 24.09 acres± currently zoned Residential Performance (RP) District to proffered Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the applicants and their successors and assigns. The subject property, identified as Senseny Village, and more particularly described as the lands owned by Hazel C. Lambert, (the "Owner of the first parcel being all of Tax Map Parcel 65- ((A)) -55 and further described by Will Book 115 at page 1563, and the lands owned by Taylor Grace, LLC, (the "Owner of the second parcel being all of Tax Map Parcel 65 -((A)) -49B and further described by Instrument #050002909. File #3924/EAW Greenway Engineering A.) Residential Land Use November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14,2005 Senseny Village Rezcning L The Applicants hereby proffer to limit the total number of residential units to 285 dwelling units on the combined subject properties of Tax Map Parcels 65- ((A)) -49B and 65- ((A)) -55. 2. The Applicants hereby proffer to prohibit the development of garden apartments, as defined in Section 165 -65L of the Zoning Ordinance. 3. The Applicants hereby proffer to develop the residential dwelling units in accordance with the following annualized phasing plan. All dwelling units not developed within the specified calendar year shall be carried forward to the ensuing calendar years: CALENDAR YEAR TOTAL BUILDING PERMITS 2005 70 2006 70 2007 70 2008 75 TOTAL 285 B.) Generalized Development Plan and Master Development Plan 1. The Applicants hereby proffer to submit a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of street systems, residential land use areas and open space areas within the Senseny Village Community. The final engineering documents for Senseny Village will be in substantial conformance with the proffered GDP; however, it is recognized that modifications to the final road alignment may occur due to site development constraints such as wetlands or steep slopes. The final engineering documents will ensure that the Senseny Village Community provides for a street extension/connection to Rossum Lane (Route 736) and Glenridge Drive (Route 865), an internal street system that connects to both of the extended streets, and an inter parcel connection to Tax Map Parcel 65- ((A)) -72.. 2. The Generalized Development Plan (GDP) has been designed to provide for single family detached residential lots to adjoin the Glenmont Village Subdivision and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue on Tax Map Parcel 65- File #3924/EAW 2 Greenway Engineering C.) Transportation November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005 Senseny Village Rezming ((A)) -55. Furthermore, the GDP has been designed to provide for open space adjacent to Glenmont Village Section 6 on Tax Map Parcel 65- ((A)) -49B. 3. A no disturbance easement that is 10 -feet in width shall be provided along the rear property line of all single- family detached residential lots that abut Glenmont Village and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue for the purpose of preserving existing woodlands on Tax Map Parcel 65- ((A)) -55. The open space adjacent to Glenmont Village Section 6 shall remain undisturbed between the state street serving the townhouse lots and the existing residential lots within Glenmont Village Section 6 on Tax Map Parcel 65 -((A)) -49B. 4. A no disturbance easement shall be established within the open space areas that are associated with the natural drainageways to protect the integrity of the waterways and the upland slope areas. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing to provide access to the southern portion of Tax Map Parcel 65 -((A)) -49B. 5. A Preliminary Master Development Plan will be submitted for the portion of the subject property that is located on Tax Map Parcel 65- ((A)) -49B to demonstrate how this portion of the subject property would be developed. Board of Supervisor approval of this Preliminary Master Development Plan concept does not bind the Board of Supervisors to any action on this rezoning application. Additionally, Board of Supervisor approval of this Preliminary Master Development Plan concept does not eliminate the requirement for a Master Development Plan for the entire 73.79 -acres subject site. The applicants hereby proffer monetary contributions that are to be utilized for improvements to the Senseny Road (Route 657) corridor and /or a proposed north -south connector between Senseny Road and Berryville Pike (U.S. Route 7). The contributions, in the amount of $5,000 per single family detached unit and $3,000 per townhouse unit, total a potential maximum of $1.145 million dollars. The applicants authorize the use of these contributions as matching funds by Frederick County for transportation improvements to these roadways. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. File #3924 /EAW 3 Grcenway Engineering D.) Monetary Contributions November 22,2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14,2005 Senseny Village Rezming 2. The applicants hereby proffer to design and construct right turn lanes (and tapers) of eleven -foot width, and to include curb /gutter, on Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle (Route 867) intersections, within the existing Senseny Road right -of- way. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. The applicants hereby proffer to design and construct improvements to Rossum Lane (Route 736), to consist of a VDOT standard pavement section of thirty -six feet from face -of -curb, and to include curb /gutter, street lights and storm sewer, within the existing Rossum Lane right of -way. Furthermore, traffic calming measures will be considered during the design of the Rossum Lane improvement project. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. 4. The applicants hereby proffer to design the intemal street system to provide two means of access to Senseny Road via both Rossum Lane (Route 736) and Twinbrook Circle (Route 867) for all residential lots. Traffic calming measures will be considered during the design of the internal street system connections to Rossum Lane, Glenridge Drive, and Tax Map Parcel 65- ((A)) -72 if desired by VDOT. 5. The applicants hereby proffer to provide for a right -of -way dedication for the future Route 37 Eastern Bypass as identified on the proffered GDP. This right -of -way dedication shall be provided to Frederick County at no cost within 90 days after receiving written request from Frederick County that the right -of -way is needed. The applicants hereby proffer monetary contributions in the amount of $10,000.00 for each detached single family dwelling unit, and $8,000.00 for each townhouse dwelling unit, to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on November 19, 2004. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. File #3924/EAW 4 Greenway Engineering E.) Community Trash Collection November 22,2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14,2005 Senseny Village Reaming The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses within the Senseny Village community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Senseny Village Homeowners Association "HOA or sub association at such time as identified in the legal documents setting forth the guidelines for the Senseny Village HOA or sub association. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Senseny Village HOA or sub association until such a time that this service is provided by Frederick County or other municipal providers. File 43924/EAW 5 Greenway Engineering F.) Signatures Respectfully Submitted: November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005 My Commission Expires Scnscny Village Rezming The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. By: Taylor- Grace, LLC Date Denver Quinnelly, Manager /Member Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public File #3924/EAW 6 Greenway Engineering F.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005 By: Hazel C. Lambert Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Date Notary Public Senseny Village Rezming File #3924/EAW 7 OUTPUT MODULE APPLICANT: LAND USE TYPE REAL EST VAL FIRE 8 RESCUE Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Ofllces Administration Budding Other 'Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT Senseny Village Net Fiscal Impact RP ResidenCa Costs of Impact Credit 528,623,500 Required (entered In 4 Capital Fealties cal sum ally) $227,768 51,098,857 56668,3134 5177,493 5861,620 3871,097 5393,458 $68,402 540,483 551,953 566.251 53,486,882 $0 Due to changing conditions associated with development in the Courtly, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 536,881 571,068 3285,442 Credits to be Taken for Future Taxes Paid (NPV/ Cur. Budge) Cur_ Budget Cap. Future CIPI Oper Cap Equip F_xoendiDebt S. Taxes Other b0 578,463 5940.084 $88,672 319,130 $8,268 30 Total Potential Tax Credits ',Unadjusted) 5116,071 31.341,597 $0 Adjustment For Revente- Net Capital Cost Balance Facilities Impact $0 50 51,039,114 5718.748 588,672 361,163 $19,130 513,195 $45,150 $31,143 $0 50 5149,531 5103,142 $925,391 50 INDEX '1.0" If Cap. Equip Included 1.0 INDEX: "1.0'If Rev-Cost Sal, *OAT if Ratio lo Co Avg: 0.0 Rev -Cost Bal= 0.514 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg 0.690 METHODOLOGY: 1_ Capital facilities naquirements are input to the first column as calculated in the model 2_ Net Fiscal Impact NPV from operations calculations Fs input In row total of second column (zero 1f negative); Included are the one -time taxes/fees for one year only at full value. 3. NPV of future aper cap equip taxes paid in Third column as calculated in fiscal impacts. i 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against thecalculated capital facilities requirements. These are adjusted tor percent 01 costs covered by the revenues from Ole project (actual, or as ratio to avg. for all residential development). NOTE; Proffer calcoaOons do not include include interest because they are cash payments up Sant. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 11/29104 MTR Project Descdplion: Assumes 145 Single Family Detached homes and 140 Single Family Attached homes on 68.6 acres zoned RP District (4.15 dwelling units per aaa). $227,768 51,921.590 $332,293 555,206 59,340 351,953 $0 Net Cost Per Dwelling Unit $799 56,742 $1,166 $194 $33 5182 50 52.581,291 58,987 A2 52,561,291 II 38,987 Greenway Engineering REZONING: PROPERTIES: Preliminary Matters �I November 22, 2004 Senseny Village Rezoning December 29, 2004 January 17, 2005 February 24, 2005 March 17, 2005 SENSENY VILLAGE PROFFER STATEMENT RECORD OWNERS: Hazel C. Lambert Taylor Grace, LLC APPLICANT: Taylor Grace, LLC PROJECT NAME: Senseny Village ORIGINAL DATE OF PROFFERS: November 22, 2004 REVISION DATA: March 17, 2005 RZ# Rural Areas (RA) and Residential Performance (RP) to Residential Performance (RP) with Conditions 73.79 -acres Tax Parcels 65- ((A)) -49B and 65- ((A)) -55 Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application O4'- CS the rezoning of 49.70 acres± from the Rural Areas (RA) District to Residential Performance (RP) District, and for the rezoning of 24.09 acres± currently zoned Residential Performance (RP) District to proffered Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon'the applicants and their successors and assigns. The subject property, identified as Senseny Village, and more particularly described as the lands owned by Hazel C. Lambert, (the "Owner of the first parcel being all of Tax Map Parcel 65-((A))-55 and further described by Will Book 115 at page 1563, and the File #3924/EAW 1 Greenway Engineering A.) Residential Land Use 13.) Transportation November 22, 2004 1 December 29, 2004 January 17, 2005 February 24, 2005 March 17, 2005 Senseny Village Rezoning lands owned by Taylor Grace, LLC, (the "Owner of the second parcel and further described by Instrument #050002909. 1. The Applicants hereby proffer to limit the total number of residential units to 285 dwelling units on the combined subject properties of Tax Map 65- ((A)) -49B and 65-((AD-55. 2. The Applicants hereby proffer to prohibit the development of garden apartments, as defined in Section 165 -65L of the Zoning Ordinance. 3. The Applicants hereby proffer to develop the residential dwelling units in accordance with the following annualized phasing plan. All dwelling units not developed within the specified calendar year shall be carried forward to the ensuing calendar years: CALENDAR YEAR TOTAL BUILDING PERMITS 2005 70 2006 70 2007 70 2008 75 TOTAL 285 The applicants hereby proffer monetary contributions that are to be utilized for improvements to the Senseny Road (Route 657) corridor and /or a proposed north -south connector between Senseny Road and Berryville Pike (U.S. Route 7). The contributions, in the amount of $5,000 per single family detached unit and $3,000 per townhouse unit, total a potential maximum of $1.145 million dollars. The applicants �l authorize the use of these contributions as matching funds by Frederick County for transportation improvements to these roadways.: This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 2. The applicants hereby proffer to design and construct right turn lanes (and tapers) of eleven -foot width, and to include curb /gutter, on Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle (Route 867) intersections, within the existing Senseny Road right -of- File #3924/EAW 2 0I Greenway Engineering November 22, 2004 1 December 29, 2004 January 17, 2005 February 24, 2005 March 17, 2005 6 Senseny Village Rezoning way. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. The applicants hereby proffer to design and construct improvements to Rossum Lane (Route 736), to consist of a VDOT standard pavement section of thirty -six feet from face -of -curb, and to include curb /gutter and storm sewer, within the existing Rossum Lane right -of -way. Furthermore, traffic calming measures will be considered during the design of the Rossum Lane improvement project. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. The applicants hereby proffer to design the internal street system to provide two means of access to Senseny Road via both Rossum Lane (Route 736) and Twinbrook Circle (Route 867) for all residential lots. C.) Monetary Contributions The applicants hereby proffer monetary contributions in the amount of $10,000.00 for each detached single- family dwelling unit, and $8,000.00 for each townhouse dwelling unit, to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on November 19, 2004. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. D.) Community Trash Collection The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses within the Senseny Village community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Senseny Village Homeowners Association "HOA or sub association at such time as identified in the legal documents setting forth the guidelines for the Senseny Village HOA or sub association. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Senseny Village HOA or sub association until such a time that this service is provided by Frederick County or other municipal providers. 6. b° File #3924/EAW 3 Grecnway Engineering Respectfully Submitted: By: Taylor -Gra e, LLC Denver Quinne ly, Manager /Member Commonwealth of Virginia, City ount .f I The foregoing instrument was acknowledged before me this 2(5f day of N1arcIn E.) Signatures November 22, 2004 December 29, 2004 January 17, 2005 February 24, 2005 March 17. 2005 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. 2005 by D .YIV't' tUin e uevril6er My Coriiinission Expires FebY'1XZi7.l 2C1 2 Hazel C. Lambert Commonwealth of Virginia. City Count of f Oitl By: File #3924 /EAW To Wit: 512-4 ID; Date Notary Public To Wit: Senseny Village Rezoning 3t�� -ate Date 4 Greenway Engineering My Commission Expires November 22, 2004 December 29, 2004 January 17, 2005 February 24, 2005 March 17, 2005 Senseny Village Rezoning The foregoing instrument was acknowledged before me this a1S of 1" Y i(�� 20 by Haul C.. 1, (,r hu E t1,un a, Notary Public File #3924 /EAW 5 Greenway Engineering REZONING: November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 SENSENY VILLAGE PROFFER STATEMENT RZ# 04 -05 Rural Areas (RA) and Residential Performance (RP) to Residential Performance (RP) with Conditions PROPERTIES: 73.79 -acres Tax Parcels 65- ((A)) -49B and 65- ((A)) -55 RECORD OWNERS: Hazel C. Lambert Taylor Grace, LLC APPLICANT: Taylor Grace, LLC PROJECT NAME: Senseny Village 6 8 ORIGINAL DATE OF PROFFERS: November 22, 2004 REVISION DATE: August 10, 2005 Preliminary Matters Senseny Village Rezoning Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, the undersigned applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 04 -05 for the rezoning of 49.70 acres± from the Rural Areas (RA) District to Residential Performance (RP) District, and for the rezoning of 24.09 acres± currently zoned Residential Performance (RP) District to proffered Residential Performance (RP) District, development of' the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the applicants and their successors and assigns. The subject property, identified as Senseny Village, and more particularly described as the lands owned by Hazel C. Lambert, (the "Owner of the first parcel being all of Tax Map Parcel 65- ((A)) -55 and further described by Will Book 115 at page 1563, and the lands owned by Taylor Grace, LLC, (the "Owner of the second parcel being all of Tax Map Parcel 65 -((A)) -49B and further described by Instrument #050002909. File #3924/EAW 1 Greenway Engineering A.) Residential Land Use File 43924/EAW November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 Senseny Village Rezoning 1. The Applicants hereby proffer to limit the total number of residential units to 285 dwelling units on the combined subject properties of Tax Map Parcels 65- ((A)) -49B and 65- ((A)) -55. 2. The Applicants hereby, proffer to prohibit the development of garden apartments, as defined in Section 165 -65L of the Zoning Ordinance on Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55. 3. The Applicants hereby proffer to develop the residential dwelling units in accordance with the following annualized phasing plan. This annualized phasing plan shall begin in the calendar year in which the Senseny Village Master Development Plan is approved by Frederick County. All dwelling units not developed within the specified year shall be carried forward to the ensuing calendar years: YEAR TOTAL BUILDING PERMITS 1 70 2 70 3 70 4 75 TOTAL 285 B.) Generalized Development Plan and Master Development Plan 1. The Applicants hereby proffer to submit a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of street systems, residential land use areas and open space areas within the Senseny Village Community. The final engineering documents for Senseny Village will be in substantial conformance with the proffered GDP; however, it is recognized that modifications to the final internal road alignment on Tax Map Parcels 65 -((A)) -49B and 65- ((A)) -55 may occur due to site development constraints such as wetlands or steep slopes without the need to modify the proffered GDP. However, in no event will a modified internal road alignment encroach within the 50 -foot no disturbance easement adjacent to Glenmont Village Section 6 on Tax Map Parcel 65 -((A)) -49B as described in Section B3 of this proffer statement except for existing dedicated street and utility connections. The final engineering documents will ensure that the Senseny Village Community provides for a street Greenway Engineering C.) Transportation File #3924/EAW November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 Senseny Village Rezoning /connection to Rossum Lane (Route 736) and Glenridge Drive (Route 865), an internal street system that connects to both of the extended streets, and an inter parcel connection to Tax Map Parcel 65- ((A)) -72. The Generalized Development Plan (GDP) has been designed to provide for single family detached residential lots to adjoin the Glenmont Village Subdivision and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue on Tax Map Parcel 65- ((A))-55. Furthermore, the GDP has been designed to provide for open space adjacent to Glenmont Village Section 6 on Tax Map Parcel 65- ((A)) -49B. 3. A no disturbance easement that is 10 -feet in width shall be provided along the rear property line of all single family detached residential lots that abut Glenmont Village and the existing residential lots along Rossum Lane, Mason Street and Broad Avenue for the purpose of preserving existing woodlands on Tax Map Parcel 65- ((A)) -55. Furthermore, a 50 -foot no disturbance easement shall be provided on Tax Map Parcel 65 -((A)) -49B adjacent to Glenmont Village Section 6, which shall remain undisturbed between the state street serving the townhouse Lots and the existing residential lots within Glenmont Village Section 6, except for existing dedicated street and utility connections. A no disturbance easement shall be established within the open space areas that are associated with the natural drainageways to protect the integrity of the waterways and the upland slope areas. The only activity that may occur within this no disturbance easement will include utility installation and a single road crossing to provide access to the southern portion of Tax Map Parcel 65 -((A)) -49B. 5. A Preliminary Master Development Plan will be submitted for the portion of the subject property that is located on Tax Map Parcel 65- ((A)) -49B to demonstrate how this portion of the subject property would be developed. Board of Supervisor approval of this Preliminary Master Development Plan concept does not bind the Board of Supervisors to any action on this rezoning application. Additionally, Board of Supervisor approval of this Preliminary Master Development Plan concept does not eliminate the requirement for a Master Development Plan for the entire 73.79 -acres subject site. 1. The applicants hereby proffer monetary contributions that are to be utilized for improvements to the Senseny Road (Route 657) corridor Greenway Engineering File #3924/EA W November 22, 2004; December 29, 2004 January 17, 2005: February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 Senseny Village Rezoning and /or a proposed north -south connector between Senseny Road and Berryville Pike (U.S. Route 7). The contributions, in the amount of $5,000 per single family detached unit and $3,000 per townhouse unit, total a potential maximum of $1.145 million dollars. The applicants authorize the use of these contributions as matching funds by Frederick County for transportation improvements to these roadways. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 2. The applicants hereby proffer to design and construct right turn lanes (and tapers) of eleven -foot width, and to include curb /gutter, on Senseny Road at the Rossum Lane (Route 736) and Twinbrook Circle (Route 867) intersections, within the existing Senseny Road right -of- way. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. 3. The applicants hereby proffer to design and construct improvements to Rossum Lane (Route 736), to meet VDOT minimum geometric and pavement design standards sufficient to allow for two -way travel and on- street parking, and to include curb /gutter, street lights and storm sewer, within the existing Rossum Lane right -of -way. Furthermore, traffic calming measures will be considered during the design of the Rossum Lane improvement project. The construction of these improvements shall occur prior to the issuance of the first building permit, but will not restrict site grading and infrastructure installation on the subject properties. 4. The applicants hereby proffer to design the internal street system to provide two means of access to Senseny Road via both Rossum Lane (Route 736) and Twinbrook Circle (Route 867) for all residential lots. Traffic calming measures will be considered during the design of the internal street system connections to Rossum Lane, Glenridge Drive, and Tax Map Parcel 65- ((A)) -72 if desired by VDOT. 5. The applicants hereby proffer to provide for a right -of -way dedication for the future Route 37 Eastern Bypass in conformity with the Alternative C alignment depicted on the Frederick County Route 37 Corridor Study Functional Alignment dated October 1992, as identified on the proffered GDP. This right -of -way dedication shall be provided to Frederick County at no cost within 90 days after receiving written request from Frederick County that the right -of -way is needed. 4 Greenway Engineering November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 11) Monetary Contributions The applicants hereby proffer monetary contributions in the amount of $10,000.00 for each detached single- family dwelling unit, and $8,000.00 for each townhouse dwelling unit, to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on November 19, 2004. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. E.) Community Trash Collection Senseny Village Rezoning The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses within the Senseny Village community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Senseny Village Homeowners Association "HOA or sub association at such time as identified in the legal documents setting forth the guidelines for the Senseny Village HOA or sub association. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Senseny Village HOA or sub association until such a time that this service is provided by Frederick County or other municipal providers. File #3924/EAW 5 Greenway Engineering F.) Signatures Respectfully November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 Senseny Village Rezoning The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other reg� set forth in the Frederick County Code. bmitte LULD 1 a ace, LL Date Denver Quinnelly, Ma er /Member Commonwealth of Virginia, y City /County of i-- C l k r 1 C t To Wit: The foregoing instrument was acknowledged before me this 1 day of Aug U 20 05 by Bs") vr.Q O Ir1119 L My Commission Expires 9 30--au File 43924/EAW Notary Publi 6 Green ay Engineering F.) Signatures Respectfully Submitted: By: Commonwealth of Virginia, City /County of Fla rd.P, To Wit: The foregoing instrument was acknowledged before me this day of 20ra_by tfri7e 1 C. Uct My !om,msston Expires November 22, 2004; December 29, 2004 January 17, 2005; February 24, 2005 March 17, 2005; April 14, 2005 June 14, 2005; August 10, 2005 Senseny Village Rezoning The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered foregoing conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Hazel C. Lambert .OP thiTh Notary Public V Er"- t 7 7o Date File 43924/EA W 7 Proffer Statement File #3924 /EAW