HomeMy WebLinkAbout11-05 Proffer StatementAction:
PLANNING COMMISSION: July 20, 2005 Recommended Approval
BOARD OF SUPERVISORS: October 12, 2005 APPROVED DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 411 -05 OF CARPERS VALLEY
WHEREAS, Rezoning #11 -05 of Carpers Valley, was submitted to rezone 281.5 acres from RA (Rica;
Areas) District to R4 (Residential Planned Community) District for residential and commercial uses. 'Hie
properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike
(Route 50 E), across from Sulphur Springs Road (Route 655) and'fhe Ravens Subdivision, in the Shawnee
Magisterial District, and are identified by Property Identification Numbers (PINS) 64 -A -82, 64 -A -83, 64-
A -83 A. 64 -A -86. 64 -A -87 and 64 -A -87A
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 20, 200 and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 12. 200:'_
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 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for
residential and commercial uses, as described by the application and plat submitted, subject to the
attached conditions voluntarily proffered in writing by the applicant and the property owner.
i'DRcs N36 -05
PDResl36 -05
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of October. 2005 by the following recorded vote:
Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye
Gina A. Forrester Nay Gary Dove Aye
Lynda J. Tyler Nay Bill M. Ewing Aye
Gene Fisher Nay
A COPY ATTEST
John R. ey. Jr.
Frederi. County Administrator
REZONING:
PROPERTY:
PROFFER STATEMENT
RZ. 11 -05 RA to R4
281.5 Acres
Tax Map Parcels 64 -A -82, 83, 83A, 86, 87, and 87A (the
"Property
RECORD OWNER: JGR Three, LLC; Richard G. and Donna C. Dick;
Constance L. Tjoumas; Gregory L. Coverstone; Cynthia
Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC;
Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick;
Timothy J. Dick; Michael E. Dick
APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at
Coverstone, LLC
PROJECT NAME: Carpers Valley
ORIGINAL DATE
OF PROFFERS: June 24, 2005
REVISION DATE: July 6, 2005 September 7, 2005 September 28, 2005
October 4, 2005 October 12, 2005
The undersigned owners hereby proffer that the use and development of the
subject property "Property as described above, shall be in strict conformance with the
following conditions, which shall supersede all other proffers that may have been made
prior hereto. In the event that the above referenced rezoning is not granted as applied for
by the Applicant "Applicant these proffers shall be deemed withdrawn and shall be
null and void. Further, these proffers are contingent upon final rezoning of the Property
with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the
Frederick County Board of County Supervisors (the `Board grants the rezoning.
The headings of the proffers set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an
interpretation of any provision of the proffers. The improvements proffered herein shall
be provided at the time of development of that portion of the Property adjacent to or
including the improvement or other proffered requirement, unless otherwise specified
herein. The term "Applicant" as referenced herein shall include within its meaning all
future owners, assigns, and successors in interest. When used in these proffers, the
"Generalized Development Plan" shall refer to the plan entitled "Generalized
Development Plan, Carpers Valley" prepared by Patton Harris Rust Associates, (the
"GDP dated October 11, 2005 sheets 1 -4 of 4.
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1. LAND USE
1.1 The project shall be designed to establish interconnected mixed -use
residential and commercial /employment Land Bays in conformance with
the GDP, and as is specifically set forth in these proffers.
1.2 All development, including street landscaping, shall be accomplished in
substantial conformance with the "Design and Development Standards
for Carpers Valley," prepared by PHR &A attached hereto and
incorporated herein by reference (the "Design and Development
Standards
1.3 For reference purposes, the residential area identified as "Townhomes"
on the GDP may contain any housing type identified as "Single Family
Attached" in the "Design and Development Standards" excluding the
"Stacked Flat Garage Units." The residential area identified as
"Condominiums" on the GDP may contain the housing type identified in
the "Design and Development Standards" as "Multi- Family."
1.4 Except as modified herein, and except to the extent any portion of the
Property is owned or leased by the United States or any department or
agency thereof, or by the Virginia National Guard, and is exempt by law
from compliance with state and local land use ordinances and
regulations, areas for commercial use on the Property shall be developed
in conformance with the regulations of the Residential Planned
Community "R4 zoning district, as set forth in the Frederick County
Code Article VII, §165 -67 through §165 -72, as cross referenced to
Article X, §165 -82, Sections A through D inclusive, and §165 -83. All
commercial development on the Property shall comply with the
aforesaid regulations, as approved by Frederick County, and these
Proffers.
1.5 Residential uses shall be prohibited in the area identified as Land Bay 2
on the GDP. Furthermore, with the exception of any uses related to any
federal agency or department, Land Bay 2 shall be restricted to those
uses permitted in the General Business (B -2) zoning district as specified
in the Frederick County Code Article X, §165- 82B(1).
1.6 Except as modified herein, areas of residential development on the
Property shall be developed in conformance with the regulations of the
Residential Planned Community "R4 zoning district, including
permissible housing types set forth in the Frederick County Code Article
VIl, §165 -67 through §165 -72, as cross referenced to Article VI, §165-
58, through §165 -66. Unit types and lot layouts within residential Land
Bays may comprise any of the permitted unit types as set forth in the
Design and Development Standards, and authorized for the R4 district,
and these Proffers.
1.6.1 Residential development on the Property shall not exceed
550 dwelling units, with a mix of housing types permitted
(00014467.DOC 4 Proffers As Revised 000145 000020(
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2. CONSTRUCTION OF A UNIFIED DEVELOPMENT
in the R4 district. Multi- family units, as defined by the
Design and Development Standards, shall not exceed 50%
of the total number of dwelling units developed in the
project. No residential structures shall be closer than 2000
feet from the centerline of the Airport runway.
2.1 The Property shall be developed as one single and unified development
in accordance with applicable ordinances and regulations for the R4
zoning district, the GDP as approved by the Board, and this Proffer
Statement.
3. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF
PROPERTY FOR ARMORY USE
3.1 For a period of two years following Final Rezoning, the Applicant shall
reserve Land Bay 2 for potential acquisition, lease, or use by the United
States General Services Administration, for the location of any federal
agency or department.
3.2 Unless an agreement is reached with the Winchester Regional Airport
for an exchange of property mutually acceptable to the Airport and the
Applicant, then for a period of eight years following Final Rezoning, the
Applicant shall reserve for potential acquisition by the Airport that
portion of any Land Bay designated as reserved for the Winchester
Regional Airport.
3.3 In addition to the foregoing, upon written request therefor the Applicant
shall dedicate approximately ten acres to the Frederick County Board of
Supervisors on behalf of the Virginia National Guard for use as a
National Guard Armory, in the location generally depicted on the GDP.
In addition, the applicant shall build or design and bond for completion
of construction not later than the completion of an Armory structure, a
minimum two lane section of Coverstone Drive from Millwood Pike
(US Route 50) to the entrance to the Armory Site. In the event that the
site is not used for the construction of an Armory structure, the aforesaid
acreage shall remain the property of Frederick County to be used at the
Board's discretion.
3.4 Upon written request therefor from the County, the Applicant shall
dedicate approximately nine acres to the Frederick County Board of
Supervisors in the location identified on the GDP as "Frederick County
Reserve Area" for the location of a Public Safety Building. If the
County elects at any time to locate such Building on other property, then
the aforesaid nine acres shall remain the property of Frederick County to
100014467.DOC/ 4 Proffers As Revised 000145 000020}
3
be used at the Board's discretion. Access to the site shall be constructed
to required paving by the Applicant not later than twelve months
following receipt of the aforesaid request.
4. PHASING OF THE DEVELOPMENT
4.1 The residential portions of the Property shall be developed as follows:
4.1.1. The Applicant may obtain building permits for not more than
140 residential units in Land Bay 1 beginning in the twenty
fourth month following Final Rezoning.
4.1.2. The Applicant may obtain building permits for not more than
140 residential units in Land Bay 1 beginning in the thirty -sixth
month following Final Rezoning.
4.1.3. The Applicant may obtain building permits for not more than
140 residential units in Land Bay 1 beginning in the forty- eighth
month following Final Rezoning.
4.1.4. The Applicant may obtain building permits for not more than
130 residential units in Land Bay 1 beginning in the sixtieth
month following Final Rezoning.
4.2 In anticipation of acquisition or use of properties designated for
commercial /employment use by the United States, commercial and
employment uses may be constructed at any time.
4.3 Improvements including a 3,000 square foot community center, 3,500
square feet of neighborhood swimming pools, and a dog park shall be
constructed in conjunction with residential development in Land Bay 1
and the land therefor shall be dedicated upon completion of the
improvements to the homeowners association. The location thereof shall
be depicted on final subdivision plans for such residential development.
These recreational amenities shall serve to meet the requirement of 1
recreation unit per 30 dwellings and shall be, at minimum, equivalent to
$25,000 per recreation unit. These improvements shall be designed and
bonded for completion as soon as practicable following approval of this
rezoning, and shall be completed prior to the issuance of the 281st
residential building permit.
5. ARCHITECTURE, SIGNAGE, AND LANDSCAPING:
5.1 All buildings on the Property shall be constructed using compatible
architectural styles. The Applicant shall establish one or more
Architectural Review Boards through the required Homeowner and
Property Owner Associations to be created to enforce and administer a
100014467.DOC 4 Proffers As Revised 000145 000020}
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unified development plan in general conformity with the Design and
Development Standards.
5.2 All signage within the Property shall be in substantial conformity with a
comprehensive sign plan that meets the requirements of the Zoning
Ordinance for signage, which shall be submitted in conjunction with the
first final site or subdivision plan for the Property.
6. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS
6.1 The Applicant shall design and build a public pedestrian- bicycle trail
system to Department of Parks and Recreation standards that links
residential and commercial areas within the development. Said trails shall
be in the locations generally depicted on the GDP. To the extent that such
trails are not depicted on the GDP at the time of Final Rezoning, such
trails shall be connected with or linked to the internal street and sidewalk
network. Sidewalks shall be constructed on public streets to VDOT
standards, and a minimum of four -foot sidewalks shall be constructed on
private streets. All combined pedestrian/bicycling trails shall be 10 feet
wide, and shall have an asphalt surface.
7. FIRE RESCUE:
7.1 The Applicant shall contribute to the Board the sum of $422 per dwelling
unit for fire and rescue purposes, payable upon the issuance of the first
residential building permit for each dwelling unit.
7.2 Following Final Rezoning, the master HOA to be created in accordance
herewith shall contribute annually, on or before July 1" of each year, the
sum of $100 per constructed residential unit, and $100 per 1000 square
feet of constructed commercial (not including any land in public use), to
the fire and rescue company providing first due service to the Property.
Commencing January 1, 2010, the contribution provided for herein shall
increase at the rate of five dollars per residential unit or per 1,000 square
feet of commercial development each calendar year. Such contribution
shall be monitored and enforced by the master HOA, and the Board may
require an accounting of such payments at such times and upon such
conditions as it may determine necessary.
8. SCHOOLS:
8.1 The Applicant shall contribute to the Board the sum of $1,714 per
dwelling unit for educational purposes, payable upon the issuance of a
building permit for each dwelling unit.
9. PARKS OPEN SPACE:
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9.1 The Applicant shall contribute to the Board the sum of $343 per dwelling
unit for recreational purposes, payable upon the issuance of a building
permit for each dwelling unit.
10. LIBRARIES:
10.1 The Applicant shall contribute to the Board the sum of $79 per dwelling
unit for library purposes, payable upon the issuance of a building permit
for each dwelling unit.
11. ADMINISTRATION BUILDING:
11.1 The Applicant shall contribute to the Board the sum of $79 per dwelling
unit to be used for construction of a general governmental administration
building upon issuance of a building permit for each dwelling unit.
12. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
12.1 The homeowners association to be created in accordance herewith shall be
created contemporaneously with the first final site or subdivision plan
submitted for the Property.
12.2 The residential portion of the development shall be made subject to one or
more homeowners' association(s) (hereinafter "HOA that shall be
responsible for the ownership, maintenance and repair of the community
center, walking trails, swimming pools, all common areas, including any
conservation areas that may be established in accordance herewith not
dedicated to the County or others, and stormwater management facilities
not dedicated to public use, for each area subject to their jurisdiction. and
shall be provided such other responsibilities, duties, and powers as are
customary for such associations or as may be required for such HOA
herein. If there is more than one such association, the Applicant shall
create a master HOA with respect to the residential development that shall,
among other things, have responsibility for assuring compliance with
design guidelines and standards, signage requirements, and similar
matters. If only one such HOA is created, it shall be the master HOA for
purposes of these proffers.
12.3 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of residential lots; (iii) private streets serving the residents
400014467.DOC 4 Proffers As Revised 000145 000020}
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who are members of such association; (iv) common solid waste disposal
and recycling programs, including curbside pick -up of refuse by a private
refuse collection company, and (v) responsibility for the perpetual
maintenance of any street, perimeter, or road buffer areas, all of which
buffer areas shall be located within easements to be granted to the HOA if
platted within residential or other lots, or otherwise granted to the HOA by
appropriate instrument.
12.4 The HOA shall be so established that it possesses all necessary powers to
set and revise fees and dues in sufficient sums to perform the
responsibilities assigned to it hereunder and under the Declaration to be
recorded creating such Association. In addition, upon any conveyance of
a residential unit from the builder thereof to a home purchaser, or
thereafter between home purchasers, there shall be a fee paid to the HOA
in an amount equal to two times the then current monthly residential dues
applicable to the unit so conveyed.
12.5 Any commercial elements of the development (with the exception of any
property owned or leased by the United States, the Board of Supervisors,
or the Winchester Regional Airport) shall be made subject to one or more
property owners' association(s) (hereinafter "POA Such POA(s) shall
be responsible for the ownership, maintenance and repair of all common
areas, including any conservation areas that may be established in
accordance herewith not dedicated to the County or others, and
stormwater management facilities not dedicated to public use for each area
subject to their jurisdiction, and shall be provided such other
responsibilities, duties, and powers as are customary for such associations
or as may be required for such POA herein. If there is more than one such
association, the Applicant shall create an umbrella POA with respect to the
entire development that shall, among other things, have responsibility for
assuring compliance with design guidelines and standards, signage
requirements, and similar matters.
12.6 In addition to such other duties and responsibilities as may be assigned, a
POA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of commercial lots; (iii) private streets serving the
businesses and /or residents who are members of such association; (iv)
common solid waste disposal and recycling programs to include dumpster
and contract carrier services provided by a private refuse collection
company, and (v) responsibility for the perpetual maintenance of any
street, perimeter, or road buffer areas, all of which buffer areas shall be
located within easements to be granted to the POA if platted within
commercial or other lots, or parcels, or otherwise granted to the POA by
appropriate instrument.
13. WATER SEWER:
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14. ENVIRONMENT:
15. TRANSPORTATION:
13.1 The Applicant shall be responsible for connecting the Property to public
water and sewer. It shall further be responsible for constructing all
facilities required for such connection at the Property boundary. All water
and sewer infrastructure shall be constructed in accordance with the
requirements of the Frederick County Sanitation Authority.
14.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 for the
purpose of providing the highest order of stormwater control in existing
Virginia law at the time of construction of any such facility.
14.2 The Applicant shall provide notice in all sales literature, in covenants,
conditions and restrictions for any homeowners' or property owners'
associations, of the adjacency of the Winchester Regional Airport.
14.3 The Applicant shall consult with the Executive Director of the Airport
with respect to the granting of a reasonable avigation easement to provide
further protection for Airport operations, and shall dedicate such
easement, as the Airport and the Applicant shall mutually agree. The
Applicant shall provide noise attenuation treatment for all residential units.
15.1 The major roadways to be constructed on the Property shall be constructed in
the locations depicted on the GDP, with reasonable adjustments permitted for
final engineering.
15.1.1. The Applicant shall design and construct Coverstone Drive as a full
section with raised medians on an 80' right-of-way, consistently with
the TIA provided for hereinbelow. The Applicant shall submit a
street tree plan for approval by the Director of Planning as part of the
design of Coverstone Drive in lieu of the road efficiency buffer
otherwise required by ordinance.
15.1.1.1. Coverstone Drive shall be constructed by the Applicant in
phases as set forth herein:
15.1.1.1.1. Phase 1 shall consist of a four -lane section
including a ten -foot trail from Millwood Pike
to the Phase 1 line in Land Bay 1 as depicted
on the GDP. Such road shall be constructed in
100014467.DOC /4 Proffers As Revised 000145 000020}
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{00014467.DOC 4 Proffers As Revised 000145 000020)
sub phases as delineated on the final master
development plan and /or subdivision plan, to
provide access to development within the
Land Bay, and in any event shall be completed
or bonded for completion prior to the issuance
of the first building permit for each sub phase.
The Applicant shall not petition for inclusion
of this Phase of Coverstone into the State
System of Secondary Roads until it is
completed to required asphalt and open to the
public as a full four -lane section to the Phase 1
line. Notwithstanding the foregoing, building
permits may be issued for model homes and
the community center prior to base paving.
15.1.1.1.2. Phase 2 shall consist of construction of a two
lane section of Coverstone Drive from the
Phase 1 line to Prince Frederick Drive as
depicted on the GDP. This two lane segment
shall be completed or bonded for completion
prior to the occupancy of the first commercial
building in Land Bay 2. The Phase 2 segment
shall be completed or bonded for completion
to a full four lane section when construction of
relocated Route 522 commences or when
construction thereof is necessary to service
commercial development in Land Bay 2.
15.1.1.1.3. Notwithstanding any other provision of these
proffers, for Phase 3, the Applicant shall
design Coverstone Drive Extended as a four
lane section from Prince Frederick to
Relocated Route 522 when the alignment of
Relocated 522 has been determined by VDOT.
In the event that the Applicant obtains right
of -way therefor from the Winchester Regional
Airport prior to the initiation of design of such
extension, then it shall realign' Coverstone
Drive Extended as may be approved by the
County and VDOT. The Applicants shall
further pay to the County $1,000 per dwelling
unit for the permitted residential units for
future construction of Coverstone Drive
Extended, or other projects in the vicinity of
the Property that are not included in this
rezoning.. Such funds shall be paid at the time
9
of building permit issuance for each of the
permitted residential units.
15.1.2. The Applicants shall provide a fifty -foot right -of -way for a future
interparcel connection from Coverstone Drive to the easternmost
property boundary line of the Property, as shown on the GDP. Said
right -of -way shall be dedicated upon written request therefor.
15.2 Notwithstanding any other provision of these proffers, if the General
Services Administration locates a federal facility on the Property, the
Applicant shall construct Coverstone Drive as a full four -lane section from
Millwood Pike to Prince Frederick Drive prior to occupancy of that
facility.
15.3 Notwithstanding any other provisions of these proffers, the Applicant shall
construct Coversone Drive as a full four -lane section from Millwood Pike
to Prince Frederick Drive prior to June 1, 2012.
15.4 The Applicant shall provide for future interconnection with Inverlee Way
when that road is extended south of Millwood Pike to Coverstone Drive,
upon the development of adjoining property presently owned by others.
The Applicant shall provide a stub -out for a connection to the internal
street network, and will grant such right -of -way as may be necessary on
the Property to permit such interconnection, subject to VDOT approval, at
a point compatible with such extension of Inverlee Way.
15.5 The Applicants shall upgrade the existing signal at Sulphur Springs Road
from a three- to a four -way signal. All improvements within the existing
southernmost right -of -way of US Route 50 at this intersection including
the signal upgrade shall be completed prior to issuance of the first
certificate of occupancy for the project pursuant to the approved traffic
impact analysis and future construction drawings required for land use
permit issuance by VDOT.
15.6 The Applicants shall pay to the County the amount of $75,000 for
signalization of the intersection of Millwood Pike (US Route 50) and
Victory Road (Route 728). Such funds shall be paid within six (6) months
of the issuance of the first residential building permit in Land Bay 1.
15.7 The Applicants shall pay to the County the amount of $150,000 for
signalization of the intersection of Costello Drive and Prince Frederick
Drive. Such funds shall be paid within six (6) months of the issuance of
the first commercial building permit in Land Bay 2.
15.8 The Applicants shall close the existing crossover at the Carper's Valley
Golf Club entrance onto Millwood Pike, when the existing golf club use
ceases operation, but shall retain that entrance as a gated right -in right out
connection for emergency site access to be used only by the United States
(00014467.DOC 4 Proffers As Revised 000145 000020}
10
General Services Administration, for any federal agency or department.
Notwithstanding the foregoing, in the event that the Applicant obtains or
otherwise controls right -of -way across Millwood Pike from the current
Inverlee intersection, the Applicant shall provide right -in right -out access
to the Property to align with Inverlee at that location, and shall close the
existing golf club entrance.
15.9 The Applicants shall use its best efforts to obtain any necessary off -site
right -of -way required for the completion of any traffic improvements
otherwise provided for herein at a commercially reasonable cost, but shall
not be required to construct any improvements, including traffic
signalization, if such right-of-way cannot be obtained by it.
15.10 All public right -of -ways shall be dedicated to Frederick County as part of
the subdivision approval process, consistently with applicable Virginia
law.
15.11 All public streets and roads shall be designed in accordance with the
Virginia Department of Transportation specifications, subject to review
and approval by Frederick County and VDOT, and shall be constructed by
the Applicant in accordance with the recommendations of the approved
TIA for the Property.
15.12 All private streets and roads shall be constructed in accordance with the
Virginia Department of Transportation standards therefor and as may be
modified by the County, and shall be owned and maintained by the
homeowners or property owners association served by such streets or
roads.
15.13 In the event that the General Services Administration does not locate a
federal facility in Land Bay 2, and other commercial users are proposed
for that Land Bay that would result in cumulative project generated trips
in excess of 13,000 vehicles per day, the Applicant shall submit a revised
Traffic Impact Analysis in order to determine what improvements, if any,
shall then be required to accommodate the additional traffic and shall
construct those improvements.
15.14 If the Airport Reserve Parcel shown on the GDP is developed a revised
Traffic Impact Analysis shall be prepared and improvements proposed, if
necessary to accommodate the additional traffic.
16. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION
16.1 The Applicant shall conduct or cause to be conducted a Phase 1
Archaeological Investigation of the Property, prior to the approval of the
first final site or subdivision plan for the Property, and shall cause Phase II
and III investigations thereof as may be demonstrated to be necessary by
the Phase I study.
100014467.DOC 4 Proffers As Revised 000145 000020}
11
17. ESCALATOR CLAUSE
17.1 In the event any monetary contributions set forth in the Proffer Statement
are paid to the Frederick County Board County Supervisors "Board
within 30 months of the approval of this rezoning, as applied for by the
Applicant, said contributions shall be in the amounts as stated herein. Any
monetary contributions set forth in the Proffer Statement which are paid to
the Board after 30 months following the approval of this rezoning shall be
adjusted in accordance with the Urban Consumer Price Index "CPI -U
published by the United States Department of Labor, such that at the time
contributions are paid, they shall be adjusted by the percentage change in
the CPI -U from that date 30 months after the approval of this rezoning to
the most recently available CPI -U to the date the contributions are paid,
subject to a cap of 5% per year, non compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
{00014467.1OC 4 Proffers As Revised 000145 0000201
12
JGR Three, LLC
anaging Member
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
t^
The foregoing instrument was acknowledged before me this day
of •i 1 at) 2005, by cl Q>rn r. .i tsp I I L-11-
My commission expires n
Notary Public 'CAN" C�,1 rn
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
My commission expires ?CCF)
Notary Public Lni1C�;uit i` 11(01L2fl
Ellen, LLC
By
Its anaging Member
The foregoing instrtun t was acknowledged before me this Z7t
of, )t 2005, by )0'Y n CI ,791l )I\ T1�-
My commission expires
Notary Public _in *-(V)
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was ac w(dP ged before me this27 day
of J (JY.k 2005, by i in Ch SP l l
1 7 "l
My commission expires
Notary Public —MCC CC t')t 6'»;77
MDC Three, LLC
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me th is Z7 4 day
obat fl 2005, by 1 ri n Q ;ic-; I
By
Its anaging Member
Susan Sanders, LLC
By
Its anaging Member
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this27
of It i it.Q 2005, by (Ann e) 0 SV.i it
My commission expires 1-1-(a`k 1 2cCrl
Notary Public -Afl it,4 uric An e nm
r$l )7o
Notary Public C...Th0,q net LV &11w,es'r
My commission expires
Liberty Hill, LLC
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me thi2J' "day
of jt iv/ P 2005, by P U,.D
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me thi2
of U Et O 2005, by' l Ir C C C
My commission expires 1 (f S 30.2a5
Notary Public 00e pfl yR t
My commission expires
Notary Public La_
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this 7 'day
of U np 2005, by fflrj Pi iC t
r Zac
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this7day
of h( 1fl 0 2005, by 7 9l;C.iofC1 G. :1 ,e
My commission expires
Notary Public
r
JA. It Jr. SI
chael E. Dick
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowled
off 5010 2005, by
My commission expires
Notary Public
Gregory L. !s var. t: ne
ed before me this L/ day
1 _I_�
fiat ✓:4, At 41 -4 so
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me thisz7'day
of 2005, by Bray% (.,(C)t,er"IErce
My commission expires
Notary Public A/
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this 'day
of l lY Q 2005, by $1∎C.1 (Cl Cr a 0
Notary Public
c n0 7 (50—)
AI .1. t: *Ai -4
My commission expires
My commission expires
Notary Public
D onna C. Dick
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument _was acknowledged before me this` ++c ay
of ,I jnQ 2005, by NYIn CZ, i>„ d' t
ii
.1..02 riles/ s'
,I r
Constance Irraumas
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me thisi' day
Zoos, by i nn, I L. C nt rQr ct N
My conamission expires pc k\ �3
Notary Public )ati ae1( Y1 fy 2ry,
1
BOUNDARY PLAT
1
1
CARPERS VALLEY
MASTER DEVELOPMENT PLAN
FREDERICK COUNTY. VIRGINIA
DESIGN
MY
p
CNEG6D
gilbert w. clifford associates
Patton Harris Rust 8. Aw.lalss n
Engineers Surwiv Pl
s anner. Landscape Architects
117 Winchester. Eaz1P rgHur6 L S IRS
Ea YryinieYL601
T 540.6672139
F 5406650493
MAY zo.
2ops
Sfrir_.
CMM
4 nc 4
N0.
OESCR�R(W
DATE
ItEKb
RFC
RMD
DATE
REVISION
1
BOUNDARY PLAT
1
1
CARPERS VALLEY
MASTER DEVELOPMENT PLAN
FREDERICK COUNTY. VIRGINIA
DESIGN
MY
p
CNEG6D
DATE
MAY zo.
2ops
Sfrir_.
CMM
4 nc 4
5
64 -A -86
13731 ACRES
6a_A -84
64-A-82
.65.5± ACRES
54 —A —BLL
l
64 —A —801
800
54 —A -80K
LINE DATA
LIVE 05 411!50 1 6/5)e.:6_
5 60 5T 20' 5 I 72
LE N 29'35'57 7 .00'
15 5 25'+2'5 5 121?0'
5 55'.2;7 "d `I'�
15 5 48 21' _5 ;n
15 5 5 5 251.25'
5 5114'24' E :23
LO 5 Q4-Q7$; ?E 154.75'
N 0r'0I'01 4' 1 55.41'
U0 5 57-755" E 0.05'-
I 43'152:" E I
112 5 35 4 9'17" E 1 26 3 13
5 60'07'35" 0 I 150.69'
114 5 3516'52' E I 132
:_9.00'
107.00
250.00'1
170 5 25'1057" E I
2 44'40'57' E I
1:5 1 5 51
1,9 S 74'03'47'0 195.11'
120 1 5 62'75'55" 1 .9 439'
A -81
—81.4
itb (int
0,9,Pr -r
At c/
28
Patton Harris Rust Associates, pc
Senior Vice President
Date j /V0
(00014467 DOC 4 Proffers As Revised 000145 000020}
12 05 12:32p ?H
'hit
8rt 12 6 0 1 3 0 5ba wn ILVRIt ;E BRG Ep.5 703 525 4307
October.12.2405
Caritas Valley Golf Club
1606 Miliwied Pike
Winchester, Virginia 22602
Re: Access to Carpets Valley Golf Course
Dear Mr. Dick:
This letter is to confirm that Prince Frederick Geeup L C..will provido access to :6e Soath West coma of
Me golf course es shown on the attached prat Thit land consists of .742 aces wch an additional 20 Shan
grading easata t along the Notth East side of the .742 awes.
Sincerely,
Wagner
Manager
James L. Mellvaioe
Manage
5'06527G97
5 4 .27687
Prince Frederick Group L.C.
6231 Leesburg Pike, Suite 600
Falls Church, VA 22044
703- 237 -2570; Fax 703'536 4307
p.1
P.1 p.1
P
CORPORATE:
Chantilly
VIRGINIA OFFICES:
Chantilly
Bridgewater
Fredeic'ksburg
Leesburg
Richmond
Virginia Beach
Wineliuster
Woodbridge
LABORATORIES.
Cnartilly
Frederictsburg
MARYLAND OFFICES:
Beltenore
Columbia
Frederick
Germantown
Hollywood
Hurt Volley
WEST VIRGINIA
OFFICE:
Ma r lins h u rp
T 540.667.2139
F 540.665.0493
117 East Piccadilly Street
Winchester, VA
22601
Patton Harris Associates,pc
Engineers. Surveyors. Planners. Landscape Architects
October 12, 2005
iNir. Eric Lawrence
Director of Planning
Frederick County, Virginia
107 North Kent St
Winchester, VA 22601
RE: Carpers Valley Proffer Revisions
Dear Eric:
Recent discussions have prompted a revision of the Carpers Valley proffer
statement that is intended to clarify the intent of the proposed rezoning. 1 have included
both a final version of the proffer statement dated October 12, 2005 as well as a version
indicating the recent changes. These changes include the following.
1) Date of Generalized Development Plan has been changed to October 11, 2005.
2) 1.3 Prohibits the construction of stacked flat town units in the areas identified
on the GDP as "townhomes."
3) 1.5 Prohibits residential uses in Land Bay 2 and limits uses in Land 13ay 2 to 13 -2
uses or use by a federal agency.
4) 3.3 and 3.4 Removed time frames and reversion clauses for the dedication of
land for the Armory site and the public safety building site. Should neither of
these uses be located at the proposed sites, Frederick County will still control die
properties with the opportunity to sell or utilize the land for other purposes.
5) 3.4 Clarifies that access to the public safety building site will be constructed to
required paving in place of base paving.
6) 4.1.1 -4.1.4 Stipulates that residential building permits shall be acquired for Land
Bay 1 to further solidify the intent for no residential structures to he located
outside of the proposed residential land bay.
7) 4.3 Identifies that constructed recreation improvements will be dedicated to the
homeowners association and identifies completion of recreational improvements
before the 281" residential building permit.
P
Patrick Sowers
Planner
PS
i
8) 7.2 Donation of funds from the 1 -IOA to the fire and rescue company providing
first due service to the Property will now be in perpetuity regardless of whether or
not the fire and rescue company converts to a fully paid service.
9) 7 -11 Replaced "each such unit" with "each dwelling unit."
10) 12.2 Notes that homeowners association (HOA) will be responsible for the
maintenance of the community center, walking trails, and swimming pools.
11) 12.2— Master 1-IOA would be created with respect to the residential development
instead of the entire development to separate the residential and commercial uses.
12) 12.5 No longer would any Property Owners Association be a sub association of
a master 1 -IOA. This is intended to clearly separate the residential and non-
residential uses of the property.
13) 15.3 Should any of the previously proposed triggers for the construction of the
full four lane section of Coverstone Drive from Millwood Pike to Prince
Frederick Drive not occur first, the applicant has now proffered to construct
Coverstone to a full four lane section prior to June 1, 2012.
Sincerely,
PATTON HARRIS RUST ASSOCIATES
P:\ C tf/C/1 Pahzck\ CatpersCoverLe/ier101205. doc
3.3 Proffered condition commits the applicant
to "build or design and bond" Coverstone
Drive to provide access to the Armory site.
Specifically, the road would be completed
prior to the Armory's completion. This
conflicts with current E &S Code requirements
road must be built prior to issuance of
building permit. E &S would supersede this
proffered condition.
Also conflicts with Section 15.1.2.
The Applicant is aware of the requirements of
the E &S Ordinance, and aware that those
requirements will supersede proffers that are
inconsistent. If the Ordinance still reads as it
does today at the time of construction of this
project, the Applicant will have to deal with
the severe practical difficulties that will present
with respect to road construction.
3.4 Public Safety Building site. When will
land be dedicated? Also, when will road
accessing land be constructed? Constructed by
whom?
The proffers have been amended to clarify that
the land will be dedicated upon written request
of the County. It will be constructed by the
Applicant to base paving within 12 months of
that request.
4.1 Issuance of residential building permits.
Typically a phasing schedule limits residential
unit construction to less than 75/80 units a
year. Is the intent to limit the number of
permits issued in any giving year? Phasing
The phasing plan for this project has been
developed in recognition of the extensive
commitments that the Applicant is making to
advance the County's interests in the
development of public uses on this site, and the
John H. Foote
(703) 680 -4664 Ext. 114
jfoote @pw.thelandlawyers. com
Fax: (703) 680 -2161
Mr. Eric Lawrence
Planning Director
Frederick County, Virginia
107 North Kent Street
Winchester, Virginia 22601
Dear Eric:
Re: Carpers Valley
WALSH COLUCCI
LUBELEY EMRICH
TERPAK PC
October 4, 2005
Mr. Conrad, the good folks of Patton Harris, and I, have discussed your comments with
respect to the proffers and offer the following responses, together with a revised proffer
statement consistent with the following:
RESPONSE COMMENTS
OCT 5 2005
PHONE 703 68o 4664 1 FAX 703 680 6067 1 W W W.THELANOLAWYERS.COM
GLEN PARK I 1 4310 PRINCE WILLIAM PARKWAY, SUITE 300 1 PRINCE WILLIAM, VA 22192
{00015873.DOC /1 Respoimtle11aroliO01Ufice 703 520%045 1 LoWQcdQ1OFFICE 703 737 3633
ATTORNEYS AT LAW
schedule may require clarification.
extraordinary road construction costs that have
been assumed. These goals cannot be achieved
without recognition of the costs to the
Applicant and the need to recoup those costs in
a reasonable way. There are a number of
projects in the County, larger in scale, that do
not have so constrained a development phasing
requirement, and the Applicant believes that its
current proposal is indeed reasonable.
4.3 Community recreation facilities. Point
for clarification: Land to accommodate the
required recreational facilities must be
dedicated and bonded with respective lot
phases. Cash contributions do not fully address
the fiscal impacts projected by the model
Agreed, and the proffers have been so
amended.
11.1 Administration Building. Was the
proffer intended to read "contribute to the
Board the sum of $79 per dwelling unit
Please clarify.
Agreed, and the proffers have been so
amended.
15.1.1 Was the intent of the road design to
provide for raised landscaped medians on
Coverstone Drive? Please clarify.
Landscaped medians, where it is possible to
construct them, will be determined upon final
road design. An 80' right -of -way does not, as
a general rule, provide for significant
landscaping area, and for safety reasons what
landscaping may be provided consists of grass
and low growing shrubs.
15.1.1.1.1 Phase 1 for Coverstone Drive.
E &S Code will require this road section to be
built prior to issuance of building permits.
Bonding rather than building the road is not
appropriate. E &S Code supersedes this proffer
statement. 4 -lane road section should be
completed prior to issuance of building
permits.
Please see the foregoing response to the first
comment. The Applicant proposes a proffer
similar to others that would permit the
construction of the community center and
model homes.
Response Letter
Carpers Valley
October 4, 2005
Page 2 of 4
{00015873.DOC /1 Response letter 100405 000145 000020)
5.1.1.1.2 Phase 2 for Coverstone Drive.
Same as above in terms of bond vs.
completion. Building permits will not be issued
without the road constructed. Previously, the
proffer stated that the 4 -lane section would be
constructed prior to the issuance of residential
permit 451; why has this trigger been removed
from the proffer?
Please see the foregoing response to the first
comment. The trigger of the 450 unit was
removed after the total number of units was
dramatically reduced to 550, and the need for
completion by that point was alleviated. The
full section would be constructed in connection
with the initiation of the commercial
development, as the proffer is currently
drafted.
15.1.1.1.3 Seeking clarification Is the
$1,000 per residential unit contribution
intended to cover the road construction costs of
solely Coverstone Drive Phase 3? Proffer
should be clarified so that funds are not used to
construct the road in Phases 1 or 2.
This proffer has been modified to make it plain
that the money may be used by the County for
road work not included in this rezoning. We
have also modified the proffer to reflect the
ability to relocate Coverstone Drive Extended
in the event that the Applicant is able to obtain
right -of -way therefor from the Airport, and the
County and VDOT approve the realignment
thereof.
15.2 When would road be completed? Prior
to the issuance of the first building permit for
non residential use?
The proffer has been amended to provide for
completion prior to the occupancy of the GSA
facility on site.
15.7 This new proffer item preserves the
existing Golf Course entrance on Route 50.
This entrance is located too close to the future
Inverlee intersection, and therefore could be a
traffic hazard. Consideration should be given
to eliminate the existing entrance and utilize
the future Inverlee intersection.
The proffer has been amended such that the
Applicant would align its entrance across from
Inverlee, with that road, if it acquires the right
of -way necessary to do so. It would, in that
case, also close the existing entrance to the
Golf Course. Without control of the land,
however, it is not possible to commit to more.
15.8 The revised GDP indicates that
Coverstone Drive would intersect with
Prince Frederick Drive without crossing the
Airport property. Why does the eminent
domain statement exist since the applicant has
indicated that all necessary right -of -ways have
been acquired?
This language has been removed.
Response Letter
Carpers Valley
October 4, 2005
Page 3 of 4
(00015873.DOC /1 Response letter 100405 000145 000020)
Response Letter
Carpers Valley
October 4, 2005
Page 4 of 4
JHF /ame
cc: John Conrad
Chuck Maddox
Patrick Sowers
Jim Vickers
Enclosure Revised Proffer Statement
W C MN 1 \DATA\ W DOX\C L IENTS \000145 \0000201 et \00015 873. DOC
Sincerely,
Foote
{00015873.DOC 1 Response letter 100405 000145 000020}
WALSH, COLUCCI, LUBELEY,
EMRI 4i TERPAK, P.C.
15.12 Provide clarification that all future TIA
identified improvements will be constructed by
the applicant.
Done.
5.13 Who would construct the identified
necessary TIA improvements?
The Applicant concurs, and the proffers have
been revised.
You will need to secure VDOT approval of the
revised proffer statement. I would also note
that I have not received a copy of the revised
design manual on which to offer comment
Please address these concerns ASAP, and
resubmit a final version of the signed proffer
statement by Tuesday at noon. After such
time, the staff report for the Board of
Supervisors meeting will not reflect any other
changes to the application.
Acknowledged.
Response Letter
Carpers Valley
October 4, 2005
Page 4 of 4
JHF /ame
cc: John Conrad
Chuck Maddox
Patrick Sowers
Jim Vickers
Enclosure Revised Proffer Statement
W C MN 1 \DATA\ W DOX\C L IENTS \000145 \0000201 et \00015 873. DOC
Sincerely,
Foote
{00015873.DOC 1 Response letter 100405 000145 000020}
WALSH, COLUCCI, LUBELEY,
EMRI 4i TERPAK, P.C.
JGR Three, LLC
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To
The foregoing instrument was acknowledged before me thisl J day
of TA c vt-i? 2005, by J nln ,l, i3,i L�
Myconmission expires
NotaryPublic �l
12
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit.
The foregoing instmweat was acknowledged before me this Z7 day
of ,1 2005, by 6'10 11 O I
Mycommission expires 2p;
Notary Public '�pu i XJrrn h
13
Ellen, LLC
By J: Qp
Its anaging Member
14
LCR, LLC
By
Its Ivlan4ing Member
STA'lh OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me thisZT' day
of ,j(1141/42 2005, by L i ise l l
My commission expires .Cl y 3C, Zccii
Notary Public 0,R*6,0
STAIN OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To-wit:
The foregoing instrument was acknowledged before me thisL Nt "day
of ;1 t r 2005, by ',Ir nh n 11L
My commission expires '7s L; 7
Notary Public 1rt t j1] L (}'Y i V)f;JK)m
15
i
MDC Three, LLC
By
Its
anaging Member
Susan Sanders, LLC
By
Its/ anaging Member
STAIN OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this -7'day
of l lik 2005, by iG n n e' 7 t t 1 a__
R'
My commission expires
NotaryPublicY�'7�sL� h=i7.d= t1
16
Liberty Hill, LLC
17
STA I L OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this rif`'day
of 2005, by 17, ;C ris rg. c kt.
Mycommissionexpires a(Jir ?O(3
Notary Public \ ,fl`l no vo1 Fl^ s`kyc-
q tr i1 730.ZCOR
Notary Public .11011 v; n Y7
My commission expires
18
STAIE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me thi(f day
of 1/411 t it Q 2005, by ;C, L
My commission expires r t ZC'%c
(J
Notary Public )C%1ft� rnt/717
19
STA1E OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
or The foregoing instrument was acknowledged before me thist
of i i i 6Lt3 2005, by (C L G d
otks<Dick R'
1
STA1L OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowled ed before me thisf day
of,_){,i ,2005, by >Th ifi� before
My commission expires
Notary Public t Wirptiojv
i 1\
i'rfil")
20
My commission expires
Notary Public
21
Gregory L./ .v- .tine
STAIN OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowled• ed before me thisl)ay
of cgs? 2005, by
22
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledo-ed before me this 'day
orjijn0.---_, 2005, by
My commission expires
Notary Public k
STAIL OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
My-commission expires
Notary Public
23
The foregoing instrument was acknowled end before me this 7day
of t AYE(? 2005, by \CAnca Yd Q a C
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit.
The foregoing instrument was acknowledged before me this' ay
of junQ 2005, by r-ta1Y1n �C
My commission expires
Notary Public (41'100,0p4
24
Donna C. Dick
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrumen
of,l Q, 2005, by
as acknowledged before me thi i2 day
My commission expires 1 7(ril
Notary Public C,D Y}1 iC NC�Y7 err,
25
May 19 05 01:Q1p
•RR WINCHESTER
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.ca fredcricik nuts
Department of Planning Development, County o €Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone 540.665 -5651 Facsimile 54 0-665.6395
Know All Men By Those present: That I (We)
(Name) .iherty hill LC (c /o Richard
Dick
(Address) 1600 Millwood Pike Winchester. Vir•inia. 22602
the owner(s) of all those noels or parcels of land "Property conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
InstrimaentNumber 040011820
and is described as
Parcels: 83A. 86, 87, 87 ALot:]3Iock: A Tax Map/Section: 64 Subdivision:
do hereby make, constitute and appoint:
(Name) Patton Harris Rust Associates.
(Address) 12 7 H. Piceadill Street Suite 200 Winchester Vir 2
r onia. 601
And
(Name) Walsh. Coined. Lubele Emrich Te..ak. PC
Staie of Virgirua City /County of
(Phone)540. 662 -1287
(Phone) 540.667.2139
(Phone) 703_680 -4664
(Address) Gler. Park I. 4310 Prince William Parkway. Suite 300 Prince William Vir•jnia 22192
To act as my true and lawful attomey -in -fact for and in my (our) name, place, and stead with fall power and
authority I (we) would have if acting personally to file planting applications for my (our) above described
Property, including
2 Rezoning (including proffers)
Conditional Use Permits
X Pilaster Development Plan (Preliminary and Final)
Subdivision
Slte Plan
My attomey- in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, 1(we) have hereto set my (our) hand and seal this
r
Signature(s)
555 -0493 P
T. wit cJ QYC 1jCL_
CSCrl
aforesaid, certify that the perso¢(S) who signed to the foregoing a Notary Public in and a for the jurisdiction
and has acknowledged the same before jurisdiction g mstaid this i nersbnally appeared i}re m
1 me in the aforesaid of
Notary Ankh,. My Commission Expires:
2005
3G127
May 13 C5 12 :Sep
ili HREI WINCHESTER
Speci2k Limited Power of Attorney
County of Frederick, Virginia
Frederick Haman Web Site: !two, eo.fredere:lr �a u t
Deportment of Pitmeing Der/Moment, County of Frederick, Virg§ais,
107 North Kest Street, Winchmter, Vlrginix 22601
Phone 540405 -5651 Facsimile 54O -655-0395
Know'r' 1i Men By Those Present: That I (We)
(Name) Richard G. and Donna
(Address) !GOGM i!wood Pike, WinchestcrVirainia 2r s
z 02
the owners of all those
tracts tar oarce'.s of Land ("Property") conveyed
Clerk's Office of the Circuit Court of the Count} of Frederick, Virgii,
to me (us by decd recorded in the
Deed Book 563 en Page 769
and is described as
Parcel: 83 Lou Block: A Section: 64
do hereby make, consature and appo Subdivision
(Name) Patton Harris Rust ire Associates
a ac
(Phone) 540 667 -2
(Address', 1 i 7 E. Pier -dills' Stree LS uite 200_inches_,r.
And
(Name) Walsh, Colin.: :.i.. Luceleo Enrich. Si Tc ak. PC
(Addressr Glen Perk L 4110 PP'rinceR_IGam Pathway, Suite �tiJ P_ince �'r'iiiias Virgkria 22132
To act as my Due and lawful attorney-in-fact for and in my (oux) name place, and stead with R cower and
authority 1 (we) would have if acting personally to file Pisa..ng applications for my (our) above described
Pr.operty, including
;Glary Public
_aia 22501
X_ Rezoning (including proffers)
Conditional Use Permits
X Master Development Mme (Preliminary and Final)
Subdivision
Site Plan
My attorney -in -fact: shall have the authority to oiler proffered ccndt'nens and to make arramdrne,h to Ia+'ea5ar,ip x upaove t proffered
conditions except as follows:
This _'nhor�sanen shalt expire one year tiara the day it is signed, or until it s otherwise rescinded or
medified.
In wlmess thereof, I (we) have hereto set ray (our) hand and seal this 7.3 y
day nf(� 2005
4
4 T
5-ss5 -0493
i
(Phone) 540- 6524237
Signature(
State of Virgiraa,.ClryiCoun i of �Q i i �n 1.(4 e_r L
�n To wet 1)11 L and--
'f ^rc csld,c rnG =that the f, 2 t d ent prison and csti._
t personis) wino signed to the foregoing instrument personnkappearedb fnr me
and has acknowledged the tame before me in the jurisdiction aforesaid this 7 f ``HH
�n day uf20C�
e Ail 11
COI .I�Itj5S1ot1 Exp es j-Ft. /a l 1 S 1G R i
Na y 19 05 01:15p 411RR WINCHESTER
(Phone) 662_1287
5465 -0433
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: W w•cn.frederick:va -us
Department of naming Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540- 665.5651 Facsimile 540 -665 -6395
Know All Men By Those Present That I (We)
(Name) Timothy1, Dick (c /o Richard G Dick
Address) 1600 Millwood Pike. Winchester. Vir•inia. 2'
the o uneris) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in t
Clerk's Office of the Circuit Court of the County of Frederick, Virginia by
Instrument Number 040911820 and is described as
Parcels: 83A, 86, ,S7, 87A Lot: Block: A Tax MapiSeetiort: 6e Subdivision:
do hereby make, constitute and appoint:
(Name) Patton Hairs Rust Associates, pc
(Phone) 540 -667 -2134
(Address) 117 E. Piccadilly Street. Suite 200 Winchester_ Virginia 2
And
(Name) Walsh; Carucci.. Lubeiey, Enrich, Teraak, PC
(Phone) 703-6804664
(Address) fen Park I. 4310 Prince William Park .u. S aito 300 Prince William. Vir• nia 22192
To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full pourer and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
X Rezoning (including proffers)
Conditional Use Permits
A Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
My attorney -Lt -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire' one year from the day it is signed, or until it is othenvise rescinded or
Modified.
I wi ess r eof I (we) have hereto set my (our) hand and seal rEis ��j
�L! day o 2005
Signature(s
Slate of Virginia, yrCounry of et( `1
To- wit: film Pi al a i
L` ,��C�1 1�� I f IGi'Er C tm
aforesaid, certi �S that the :a Notary Public in and for the jurisdiction
person( who signed to the foregoing instrument personark appeared b F re :e
and has acknowledged `tae same before me in the jurisdiction aforesaid this
�!I 7) day of 2065
L.
Not Public
C1-C✓ _hop CcrrnnSSina Empires
Lpr7
p.2
Sigiia
May 19 OS O1:15p
Knox All Men By Those Present: Thar I (We)
(named Michael Endo Richard G. Diehl
t Address Ic :OD h?;i ike;�rincheater Vim
O RR WINCH ESTER
Rezoning (including proffer;)
Conditional Use Permits
Blaster Development Pion (Preliminary and F
Snbeivision
Site Plan
This authorization shall expire one year from the tray it is or until
modified.
In witness thereof, 1 (we) have hereto set my (our) hand and seal this 2,
Spode Limited P'ow�ei of Attorney
County of Frederick, Virg tia
Frederick Plan rdag Web Site.: www.co.fre-derlikva.us
Lhpi�eat of Pda
nnlug Deve County of Frederick v{e•a�r'
ria,
107 North 3Ccat Street, Winchester, Vireis tie 22601
Phone 540-6.5551 Baetimile 5-10465-6395
(Phone) 554O.6ti2 187
2
.is) of all those tracts or parcels of land "Prop -ty', conveyed tc trie (us), by deed r nrdt3 i
Clerk's Office of the Circa Court of the County of Frcder:c Virginia, Vi g by
`_lie
Instrument Norther 340011820 and is described as
Parcels: 83A. 86 87. 87A Lot: Block: A Tax Map /Section. 64 Subdivision:
do hereby wake, constitute and appoint
(Name) Patton Harris Rust Associate me
Phnne 5 40 -6 6 7
(Address) 1 17 E. Piccadilly Street, Suite 200. Winchester Viteinia a
And
(Name) Walsh. Colncei. Libelee Emric; 'Perrzk. 't
(PF,onel 703- 6F0. 4.6f4
(Address) Glen Park I. 4310 Prince William Parkway Suite 307 Prince WDIirm Vtr inia 22192
Tv an as my hue and iav :ul attorney -in -fact for and in my (ow) nary, plebe. and stead with kilt
authority 1 (we) etc id have if psweb and
Persorra}'ry to file planning plar applications for nay (our) amore disc bed
Prope.-!y, including
nal)
My attorney in fact skill have the authority to offer proffered conditions and to make aren&&tenrs t'i pre:
conditions except as follows:
it is otherwise rescinded or
Ci day ofiabf, 2005
My Ca Expires:
541.35 -0433 p.3
t
p c tiec
State of Vrirgua Clio/county of J) t �1r -�.p
--r
rn Cr`�Ch
aforesaid ertify that the person(s) who i3 N u m ent er s in and for the jurisdiction P he signed to the foregoing instrument personally V app .red ere rlie
and ,a., acknowledged the same before n;e in the jurisdiction aforesaid Si�
1 rrs��dav te>fL 200=
1 30 f
Proved proffered
May 19 0S 01:16p
Hoary Public
.RR WINCHESTER
662 -1287
5.65 -0493
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: wwvr. co. fr'ede riccK Yews
Department of Planning Development, County
107 North Kent Street, l !Virginia 2 226951
iaebester, ofFa 01 Virginia,
Phone 540 665.5651 3
Facsimile 540-665-6395
Know All Men By Those Present: That 1 (We)
Name)" Thomas A. Dick iClo Richard G. Did G. Dry_
(Address) 160041:11oeud Pike, Winchester.-Vir 'pia. 12602
the owner(s) of all those tracts of parceh of land ("Property") conveyed to Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by me
(us), by deed recorded ;n the
Instrument Number 040011F:20
and is described as
Parcels: 83.4 86, 87 S7A Lot: Block: A Tax /vim/Section: 64
do hereby (rake, constitute and appoint:
(Name) Paton Harris Rust Associates,
(Phone) 540- 667 -2139
(Address) 117 E. Piccadilly S eat Suite 200. Winch ^seer_ Vir rota 2/
'6Gl
And
Name) Walsh Cul+,:ed Lubelev, Emrich Te .ak. PC
(Phan) 703 68054
(Address) Glen Pad( 4310 Prince: William Parkway Suite 300_ Prince William Virginia 2
as s
act a
To my true and law-pal attorney -in -fag; for and in
T o act as i (we) would have u acting my (our) name, place, and stead with fill power and
Property, including g Personally 'to fill planning applications for r±sy (ourl above described
X Rezoning (including proffers)
Conditional Use Permits
X Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
My attorney shall have the authority to offbr proffered conditions and to Awl s am- ndm'nts to previousl approved
Conditions excepf as follows:
y proffered
This authorization shall expire one year from Ore day it is signed, or until it Ls otherwise rescinded or
modified,
In witness
Signature(s)
aforesaid, terrify Mat the person(s) a Notary Birdie in and for the jurisdiction
Pe n(,) who signed to the foregoing inshuinent personal, appeared
and has acknowledged 'the see before me in the i Play f b f{�cre y}
Ituisdicnon aforesaid rids �'1 day of (1 lQl( -2065
My Commission Expires: (L 13G Fe V
seal t
and sis `2. day ot ti 2 005
A,L f f milIqs,_As D
State of'irgn;a, City, :County of lr
f 15C1
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540-665-4395
Know All Men By Those Present: That I (We)
(Name) Gregory L. Coverstone (Phone) 540- 662 -3149
(Address) 334 Highbanks Road, Winchester, Virginia. 22602
the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Deed Book 962 on Page 0390 and is described as
Parcel: 82 Lot: Block:. A Tax Map /Section: 64 Subdivision:.
do hereby make, constitute and appoint:
(Name) Patton Barris Rust Associates, pc
'dress) 117 E. Piccadilly Street, Suite 200, Winchester Virginia 22601
And
(Name) Walsh. Coined. Lubeley. Emrich. Terpak P.C.
(Address) Glen Park I, 4310 Prince William Parkway Suite 300, Prince William, Virginia 22192
X Rezoning (including proffers)
Conditional Use Permits
X Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
(Phone) 540- 667 -2139
(Phone) 703 680 4664
To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
My attomey -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I have hereto set m (our .d and seal 's 00 day of fp 2005
Signature(s)
ou o2,€
a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this .'day of 4'0 a' 2 005
nQr?J M n My Commission Expires: rt A Q o-7
Nntary PnhFr
i of Virginia, City/Corgi of k )1nflgos
I y t IC7��OI �C3(M ISCV\
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540- 665 -6395
Know All Men By Those Present: That I (We)
(Name) Constance L. Tjoumas (c /o Gregory Coverstone) (Phone) 540 -662 -3149
(Address) 334 Highbanks Road, Winchester. Virginia. 22602
the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Deed Book 962 on Page 0390 and is described as
Parcel: 82 Lot: Block: A Tax Map /Section: 64 Subdivision:
do hereby make, constitute and appoint:
(Name) Patton Harris Rust Associates, pc (Phone) 540- 667 -2139
ldress) 117 E. Piccadilly Street. Suite 200 Winchester. Virginia 22601
And
(Name) Walsh. Colucci, Lubeley, Emrich, Terpak, PC (Phone) 703 6804664
(Address) Glen Park I. 4310 Prince William Parkway. Suite 300, Prince William. Virginia 22192
To act as my true and lawful attorney -in -fact for and in my (oiir) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
X Rezoning (including proffers)
Conditional Use Permits
X Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
My attomey -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, e) have hereto set my (o nd and seal this 22C) day of L 2005_,
Signature(s)
of Virginia, City /atvof ,To -wi
rySC' ?Yc Yi$C
a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing, instrument personally appeared before me
and has acknowledged the same `/n ,Ie before me in the jurisdiction aforesaid this day of Maki ,,2
t r I�i'r� My Commission Expires: 3�r 30 ?ccn
Notary Public
Know All Men By Those Present: That I (We)
(Name) Patton Harris Rust Associates. pc
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.ns
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540 -665 -6395
(Name) Cynthia Ann Pappas (c /o Gregory L. Coverstone) (Phone) 540- 662 -3149
(Address) 334 Hiehbanks Road. Winchester. Virginia, 22602
the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Deed Book 962 on Page 0390 and is described as
Parcel: 82 Lot: Block: A Tax Map /Section: 64 Subdivision:
do hereby make, constitute and appoint:
_ddress) 117 E. Piccadilly Street Suite 200, Winchester Virginia 22601
And
(Name) Walsh. Colucci, Lubeley. Emrich, Terpak, P.C. (Phone) 703 680 4664
(Address) Glen Park 1, 4310 Prince William Parkway, Suite 300. Prince William, Virginia 22192
To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
X Rezoning (including proffers)
Conditional Use Permits
X Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
.conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded of
modified.
In witness thereof, I have hereto set m o u) hand an eal this f) day of ic 2005
Signature(s)
e of Virginia, City unty of (X (1Q,VtQS4er To -wit: CL nor 1 5'-b
I, \,l f v 5 Q` V 'G( a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this r an day of( 2005
Commission Expires: f 200
(Phone) 540- 667 -2139
Know All Men By Those Present: That I (We)
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540 -665 -6395
(Name) Ellen, LLC (c /o John G. Russell Ill) (Phone) 540- 667 -4638
(Address) 407 S. Washington St.. Winchester, Virginia, 22601
the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument Number 040011820 and is described as
Parcels: 83A. 86. 87, 87A Lot: Block: A Tax Map /Section: 64 Subdivision:
do hereby make, constitute and appoint:
Name) Patton Harris Rust Associates, pc (Phone) 540- 667 -2139
(Address) 117 E. Piccadilly Street, Suite 200, Winchester. Virginia 22601
And
(Name) Walsh, Colucci. Lubelev. Emrich, Temak, PC (Phone) 703 -680 -4664
(Address) Glen Park I, 4310 Prince William Parkway, Suite 300 Prince William, Virginia 22192
To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
X Rezoning (including proffers)
Conditional Use Permits
X Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified. r M
In witness thereof, I (we) have hereto set my (our) hand and seal this '7 day ofl 5 lalJ 2005
signature(s)`y0_,4, 12 -e 2.Q, it nn� �j
otate of Virginia, City /C ounty of G.CJ 4V C Jo-wit n Gz. 711.JS% i. -a-�
L orl Nom om S OY> a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this 2 1"' day of QU 2005
`'1 nnii0MY1(rnthin Ia,i n '\n -7
-1 Name) Patton Harris Rust Associates pc
(Address) 117 E. Piccadilly Street, Suite 200, Winchester Virginia 22601
Special Limited Power of Attorney.
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540 -665-6395
Know All Men By Those Present: That I (We)
(Name) MDC Three, LLC (c /o John G. Russell III) (Phone) 540- 667 -4638
(Address) 407 S. Washington St. Winchester. Virginia. 22601
the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument Number 040011820 and is described as
Parcels: 83A, 86. 87, 87A Lot: Block: A Tax Map /Section: 64 Subdivision:
do hereby snake, constitute and appoint:
X Rezoning (including proffers)
Conditional Use Permits
X Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
(Phone) 540- 667 -2139
And
(Name) Walsh. Colucci. Lubeley, Enrich, Terpak, PC (Phone) 703 -650 -4664
(Address) Glen Park I, 4310 Prince William Parkway. Suite 300, Prince William. Virginia 22192
To act as my true and lawful attomey -in -fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
My attomey -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof I (we) have hereto set my (our) hand and seal this 2 l day off I aj 2005
cionature(s) 1� tit tYv.,FD� -_rr7` 1
?vsse _AL
/l
.3Late off Virg a City /County of t nelvis -ie ,To-wit:, �Qh Pl 6i
L 1 lar MOCY\ S on a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument perso ally appeared b" ore
�e
�and��hh�assnackknowledge the same before me in the jurisdiction aforesaid this 2 day of �Y 2005
�/Y Y 11 n i rt, PM inorr. e,r_. r._
Know All Men By Those Present: That I (We)
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540 665-6395
(Name) Susan Sanders LLC (c/o John G. Russell III) (Phone) 540- 667 -4638
(Address) 407 S. Washington St., Winchester, Virginia 22601
the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument Number 040011820 and is described as
Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map /Section: 64 Subdivision:
do hereby make, constitute and appoint:
l line) Patton Harris Rust Associates, pc
(Address) 117 E. Piccadilly Street. 'Suite 200 Winchester. Vireinia 22601
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.vaus
And
(Name) Walsh, Colucci Lubelev. Emrich, Terpak, PC (Phone) 703 680 -4664
(Address) Glen Park I, 4310 Prince William Parkway. Suite 300, Prince William, Vireinia 22192
`nature(s
State of Vir
L OrInhl fl alorriscr,
X Rezoning (including proffers)
Conditional Use Permits
X Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
(Phone) 540 -667 -2139
To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed or until it is otherwise rescinded or
modified. q ,rye
In witness thereof, I (we) have hereto set my (our) hand and seal this t—`7 day of 1' ay 2005
City/County of 1 Itti,_;rtDS �To- wit: \'\�flG7. ?t.[»JIL
a Notary Public in and foi the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared bfjffre me
and has aclmowledged the same before me in the jurisdiction aforesaid this gy day of 2005
I n. 2n/7-7
Know All Men By Those Present: That I (We)
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540 -665-6395
(Name) LCR, LLC (c/o Linda C. Russell) (Phone) 540- 6674638
(Address) 407 S. Washington St., Winchester, Virginia, 22601
the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed.recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument Number 040011820 and is described as
Parcels: 83A 86. 87. 87A Lot: Block: A Tax Map /Section: 64 Subdivision:
do hereby make, constitute and appoint:
Name) Patton Hams Rust Associates. pc
(Address) 117 E. Piccadilly Street. Suite 200 Winchester Virginia 22601
And
(Name) Walsh. Colucci. Lubeley, Emrich Teroak, PC (Phone) 703 -680 -4664
(Address) Glen Park I, 4310 Prince William Parkway. Suite 300 Prince William, Virginia 22192
gnature
X Rezoning (including proffers)
Conditional Use Permits
X Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
(Phone) 540- 667 -2139
To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified. q
In witness thereof, I (we) have hereto set my (our) hand and seal this v7 day ouac 2005
.fate of Virginia, City/County of Di (flChQS4 .To -wit: Linda Cam. f' ("rase 11
I, r r l OrC5O P(lOrY' a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared b/°lfQre me
and has aclmowledged the same before me in the jurisdiction aforesaid this Z y day of 1 t lai 2005
\-m-4.7\1 em Yl nevi ,)',n, l\nrI .W3 `7rnm
Know All Men By Those Present: That I (We)
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540-665 -5651 Facsimile 540 665-6395
(Name) JCR Three. LLC (c /o John G. Russell III) (Phone) 540- 662 1287
(Address) 1600 Millwood Pike Winchester, Virginia, 22602
the owner(s) of all those tracts or parcels of land ('Property conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument Number 040011820 and is described as
Parcels: 83A 86 87, 87A Lot: Block: A Tax Map /Section: 64 Subdivision:
do hereby make, constitute and appoint:
ame) Patton Harris Rust Associates, pc
(Address) 117 E. Piccadilly Street. Suite 200, Winchester Vireinia 22601
And
(Name) Walsh Colucci Lubelev. Emrich sak PC (Phone) 703- 680 -4664
(Address) Glen Park I. 4310 Prince William Parkway. Suite 300 Prince William, Virginia 22192
X Rezoning (including proffers)
Conditional Use Permits
X Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
(Phone) 540 -667 -2139
To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
'modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this 2 day of rnL11� 2005
nature(s) 1//// 4 6l� )1
State of V ginia City /County of t ndap S ,To -wit Qh n �jUS�I l I I 1
i, OriSc& tam
a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared b ore e
and has acknowledged the same before me in the jurisdiction aforesaid this 2..4 day of i 2005
V nil r-.
✓1,._ 1 7,"
OUTPUT MODULE
APPLICANT
LAND USE TYPE
REAL EST VAL
FIRE RESCUE
Fire and Rescue Department
Elementary Schools
Middle Schools
High Schools
Parks and Recreation
Public Library
Sheriffs Offices
Administration Building
Other Miscellaneous Facilities
SUBTOTAL
LESS: NET FISCAL IMPACT
NET CAP. FACILITIES IMPACT
METHODOLOGY:
NOTES:
Carpers
R4
$42,522,200
6
Model Run Date 07/04/05 ERL
Net Fiscal Impact
Costs of Impact Credit:
Required (entered in
Capital Faciltiies col sum only)
$294,899
51,697,704
$918,083 5254,284 $1,234,389
$1,051,406
$702.673
$122,159
572,299
$92,783
$118,371
55,070,376
$0
INDEX: "1.0" If Cap. Equip Included
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg
PLANNING DEPT PREFERENCES
Due to changing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the model run date.
Credits to be Taken for Future Taxes Paid (NPV)
Cur. Budget Cur. Budget Cap. Future CIP/
Oper Cap Equip Expend /Debt S. Taxes, Other
$97,056
$187,021
5538,360
1.0
$0
5206,483
51,440,871
0.0
1.0 1.0
1. Capital facilities requirements are input to the first column as calculated in the model.
2. Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative); included are the one -time taxes /fees for one year only at full value.
3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts,
5. NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6. Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
$158,359
$34,165
$14,766
$0
$207,290
Total Potential
Tax Credits
(Unadjusted)
$0
51,488,673
$158,359
534,165
$111,822
50
$393,503
$0
Rev -Cost Bal
Ratio to Co Avg
NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
Project Description: Assumes 750 Dwelling Units (488 Multifamily /262 Single Family Attached 65 %/35 and 0 square feet of commercial on 281.5 acres. RA to R4
Adjustment For
Revenue
Cost Balance
$0
51,320,939
$140,516
530,315
$99,223
$0
5349,166
$2,186,522 $1,940,159
50
0.661
0.887
Net Capital
Facilities Impact
$294,899
$2,346,253
$562,156
$91,843
$0
592,783
50
$3,130,217
Net Cost Per
Dwelling Unit
$393
$3,128
$750
$122
$0
$124
$0
$4,174
$3,130,217 1 54,174
OUTPUT MODULE
APPLICANT:
LAND USE TYPE
REAL EST VAL
FIRE RESCUE
Fire and Rescue Department
Elementary Schools
Middle Schools
High Schools
Parks and Recreation
Public Library
Sheriffs Offices
Administration Building
Other Miscellaneous Facilities
NOTES:
Carpers
R4
$32,890,000
6
SUBTOTAL
LESS: NET FISCAL IMPACT
NET CAP. FACILITIES IMPACT
METHODOLOGY:
Model Run Date 09/30/05 ERL
Net Fiscal Impact
Costs of Impact Credit.
Required (entered in
Capital Faciltiies col sum only)
$231,422
$1,390,749
$792,693 $212,220 $1,030,198
5897,197
5551,422
$95,864
$56,736
$72,812
$92,892
$4,181,787
50
INDEX: "1.0" If Cap. Equip Included
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg
PLANNING DEPT PREFERENCES
Due to changing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the model run date.
Credits to be Taken for Future Taxes Paid (NPVI
Cur. Budget Cur. Budget Cap. Future CIP/
Oper Cap Equip Expend /Debt 5. Taxes, Other
$71,174
$137,149
$420,543
1.0
50
$151,421
51,181,619
0.0
1.0 1.0
1. Capital facilities requirements are input to the first column as calculated in the model.
2. Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative); included are the one -time taxes /fees for one year only at full value.
3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts.
5. NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6. Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
$124,272
$26,811
$11,588
$0
Total Potential
Tax Credits
(Unadjusted)
$0
$1,242,418
$124,272
$26,811
$82,762
$0
5288,569
5162,671 $1,764,833 $1,441,420
$0 $0
Rev -Cost Bal
Ratio to Co Avg
NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
Project Description: Assumes 550 Dwelling Units (275 Multifamily /275 Single Family Attached 50 %/50 and 0 square feet of commercial on 281.5 acres. RA to R4
Adjustment For
Revenue
Cost Balance
$0
$1,014,740
$101,499
$21,898
$67,596
50
$235,688
0.609
0.817
Net Capital
Facilities Impact
$231,422
$2,065,899
$449,923
$73,966
$0
$72,812
$0
$2,740,368
Net Cost Per
Dwelling Unit
5421
$3.756
5818
$134
$0
$132
$0
$4,982
$2,740,368 1 54,982
REZONING:
PROPERTY: 281.5 Acres
PROFFER STATEMET
RZ. 11 -05 RA to RL
Tax Map Parcels 64 -A-
"Property")
RECORD OWNER: JGR Three, LLC; Rict
Constance L. Tjoumas;
Ann Pappas; Ellen, LLC
Susan Sanders, LLC; Lib
Timothy J. Dick; Michael'
ORIGINAL DATE
OF PROFFERS: June 24, 2005
REVISION DATE: July 6, 2005 September 7, 2005
September 28, 2005 October 4, 2005
00014467.DOC/ 4 Proffers As Revised 000145 000020}
APPLICANT: Miller and Smith Lanu, me.; Dm lIcr auu 01111L11 a1.
Coverstone, LLC
PROJECT NAME: Carpers Valley
The undersigned owners hereby proffer that the use and development of the
subject property "Property"), as described above, shall be in strict conformance with the
following conditions, which shall supersede all other proffers that may have been made
prior hereto. In the event that the above referenced rezoning is not granted as applied for
by the Applicant "Applicant these proffers shall be deemed withdrawn and shall be
null and void. Further, these proffers are contingent upon final rezoning of the Property
with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the
Frederick County Board of County Supervisors (the "Board grants the rezoning.
The headings of the proffers set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an
interpretation of any provision of the proffers. The improvements proffered herein shall
be provided at the time of development of that portion of the Property adjacent to or
including the improvement or other proffered requirement, unless otherwise specified
herein. The term "Applicant" as referenced herein shall include within its meaning all
future owners, assigns, and successors in interest. When used in these proffers, the
"Generalized Development Plan" shall refer to the plan entitled "Generalized
Development Plan, Carpers Valley" prepared by Patton Harris Rust Associates, (the
"GDP dated September 1, 2005 sheets 1 -4 of 4.
t7
1. LAND USE
1.1 The project shall be designed to establish interconnected mixed -use
residential and commercial /employment Land Bays in conformance with
the GDP, and as is specifically set forth in these proffers.
1.2 All development, including street landscaping, shall be accomplished in
substantial conformance with the "Design and Development Standards
for Carpers Valley," prepared by PHR &A attached hereto and
incorporated herein by reference (the "Design and Development
Standards
1.3 Except as modified herein, and except to the extent any portion of the
Property is owned or leased by the United States or any department or
agency thereof, or by the Virginia National Guard, and is exempt by law
from compliance with state and local land use ordinances and
regulations, areas for commercial use on the Property shall be developed
in conformance with the regulations of the Residential Planned
Community "R4 zoning district, as set forth in the Frederick County
Code Article VII, §165 -67 through §165 -72, as cross referenced to
Article X, §165 -82, Sections A through D inclusive, and §165 -83. All
commercial development on the Property shall comply with the
aforesaid regulations, as approved by Frederick County, and these
Proffers.
1.4 Except as modified herein, areas of residential development on the
Property shall be developed in conformance with the regulations of the
Residential Planned Community "R4 zoning district, including
permissible housing types set forth in the Frederick County Code Article
VII, §165 -67 through §165 -72, as cross referenced to Article VI, §165-
58, through §165 -66. Unit types and lot layouts within residential Land
Bays may comprise any of the permitted unit types as set forth in the
Design and Development Standards, and authorized for the R4 district,
and these Proffers.
1.4.1 Residential development on the Property shall not exceed
550 dwelling units, with a mix of housing types permitted
in the R4 district. Multi family units, as defined by the
Design and Development Standards, shall not exceed 50%
of the total number of dwelling units developed in the
project. No residential structures shall be closer than 2000
feet from the centerline of the Airport runway.
2. CONSTRUCTION OF A UNIFIED DEVELOPMENT
2.1 The Property shall be developed as one single and unified development
in accordance with applicable ordinances and regulations for the R4
zoning district, the GDP as approved by the Board, and this Proffer
Statement.
f00014467.DOC/ 4 Proffers As Revised 000145 000020)
2
3. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF
PROPERTY FOR ARMORY USE
3.1 For a period of two years following Final Rezoning, the Applicant shall
reserve Land Bay 2 for potential acquisition, lease, or use by the United
States General Services Administration, for the location of any federal
agency or department.
3.2 Unless an agreement is reached with the Winchester Regional Airport
for an exchange of property mutually acceptable to the Airport and the
Applicant, then for a period of eight years following Final Rezoning, the
Applicant shall reserve for potential acquisition by the Airport that
portion of any Land Bay designated as reserved for the Winchester
Regional Airport.
3.3 In addition to the foregoing, upon written request therefor the Applicant
shall dedicate approximately ten acres to the Frederick County Board of
Supervisors on behalf of the Virginia National Guard for use as a
National Guard Armory, in the location generally depicted on the GDP.
In addition, the applicant shall build or design and bond for completion
of construction not later than the completion of an Armory structure, a
minimum two lane section of Coverstone Drive from Millwood Pike
(US Route 50) to the entrance to the Armory Site. In the event that no
such request is made within 24 months following Final Rezoning, such
property may be employed by the Applicant for commercial and
employment uses as otherwise provided in these Proffers and depicted
on the GDP.
3.4 Upon written request therefor from the County, the Applicant shall
dedicate approximately nine acres to the Frederick County Board of
Supervisors in the location identified on the GDP as "Frederick County
Reserve Area" for the location of a Public Safety Building. If the
County elects at any time to locate such Building on other property, then
the Applicant may use the aforesaid nine acres for commercial or
employment uses. Access to the site shall be constructed to base paving
by the Applicant not later than twelve months following receipt of the
aforesaid request.
4. PHASING OF THE DEVELOPMENT
4.1 The residential portions of the Property shall be developed as follows:
4.1.1. The Applicant may obtain building permits for not more than
140 residential units in any residential land bay beginning in the
twenty -fourth month following Final Rezoning.
(00014467.DOC 4 Proffers As Revised 000145 000020)
3
4.1.2. The Applicant may obtain building permits for not more than
140 residential units in any residential land bay beginning in the
thirty -sixth month following Final Rezoning.
4.1.3. The Applicant may obtain building permits for not more than
140 residential units in Land Bay 1 in any residential land bay
beginning in the forty- eighth month following Final Rezoning.
4.1.4. The Applicant may obtain building permits for not more than
130 residential units in any residential land bay beginning in the
sixtieth month following Final Rezoning.
4.2 In anticipation of acquisition or use of properties designated for
commercial /employment use by the United States, commercial and
employment uses may be constructed at any time.
4.3 Community- serving improvements including a 3,000 square foot
community center, 3,500 square feet of neighborhood swimming pools,
and a dog park shall be constructed in conjunction with residential
development in Land Bay 1 and the land therefor shall be dedicated upon
completion of the improvements. The location thereof shall be depicted
on final subdivision plans for such residential development. These
recreational amenities shall serve to meet the requirement of 1 recreation
unit per 30 dwellings and shall be, at minimum, equivalent to $25,000 per
recreation unit. These improvements shall be designed and bonded for
completion as soon as practicable following approval of this rezoning, and
shall be completed not later than the end of the fourth year following Final
Rezoning.
5. ARCHITECTURE, SIGNAGE, AND LANDSCAPING:
5.1 All buildings on the Property shall be constructed using compatible
architectural styles. The Applicant shall establish one or more
Architectural Review Boards through the required Homeowner and
Property Owner Associations to be created to enforce and administer a
unified development plan in general conformity with the Design and
Development Standards.
5.2 All signage within the Property shall be in substantial conformity with a
comprehensive sign plan that meets the requirements of the Zoning
Ordinance for signage, which shall be submitted in conjunction with the
first final site or subdivision plan for the Property.
6. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS
6.1 The Applicant shall design and build a public pedestrian- bicycle trail
system to Department of Parks and Recreation standards that links
residential and commercial areas within the development. Said trails shall
{00014467.DOC 4 Proffers As Revised 000145 000020{
4
7. FIRE RESCUE:
7.1 The Applicant shall contribute to the Board the sum of $422 per dwelling
unit for fire and rescue purposes, payable upon the issuance of the first
residential building permit for each such unit.
7.2 Following Final Rezoning, the master HOA to be created in accordance
herewith shall contribute annually, on or before July 1 of each year, the
sum of $100 per constructed residential unit, and $100 per 1000 square
feet of constructed commercial (not including any land in public use), to
the volunteer fire and rescue company providing first due service to the
Property. Such contribution shall terminate if and when such company
converts to a fully paid service. Commencing January 1, 2010, the
contribution provided for herein shall increase at the rate of five dollars
per residential unit or per 1,000 square feet of commercial development
each calendar year. Such contribution shall be monitored and enforced by
the master HOA, and the Board may require an accounting of such
payments at such times and upon such conditions as it may determine
necessary.
8. SCHOOLS:
8.1 The Applicant shall contribute to the Board the sum of $1,714 per
dwelling unit for educational purposes, payable upon the issuance of a
building permit for each such unit.
9. PARKS OPEN SPACE:
9.1 The Applicant shall contribute to the Board the sum of $343 per dwelling
unit for recreational purposes, payable upon the issuance of a building
permit for each such unit.
10. LIBRARIES:
be in the locations generally depicted on the GDP. To the extent that such
trails are not depicted on the GDP at the time of Final Rezoning, such
trails shall be connected with or linked to the intemal street and sidewalk
network. Sidewalks shall be constructed on public streets to VDOT
standards, and a minimum of four -foot sidewalks shall be constructed on
private streets. All combined pedestrian/bicycling trails shall be 10 feet
wide, and shall have an asphalt surface.
10.1 The Applicant shall contribute to the Board the sum of $79 per dwelling
unit for library purposes, payable upon the issuance of a building permit
for each such unit.
11. ADMINISTRATION BUILDING:
{00014467DOC /4 Proffers As Revised 000145 000020)
5
The Applicant shall contribute to the Board the sum of $79 per dwelling
unit to be used for construction of a general governmental administration
building upon issuance of a building permit for each such unit.
12. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
12.1 The homeowners association to be created in accordance herewith shall be
created contemporaneously with the first final site or subdivision plan
submitted for the Property.
12.2 The residential portion of the development shall be made subject to one or
more homeowners' association(s) (hereinafter "HOA that shall be
responsible for the ownership, maintenance and repair of all common
areas, including any conservation areas that may be established in
accordance herewith not dedicated to the County or others, and
stormwater management facilities not dedicated to public use, for each
area subject to their jurisdiction, and shall be provided such other
responsibilities, duties, and powers as are customary for such associations
or as may be required for such HOA herein. If there is more than one such
association, the Applicant shall create a master HOA with respect to the
entire development that shall, among other things, have responsibility for
assuring compliance with design guidelines and standards, signage
requirements, and similar matters. If only one such HOA is created, it
shall be the master HOA for purposes of these proffers.
12.3 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of residential lots; (iii) private streets serving the residents
who are members of such association; (iv) common solid waste disposal
and recycling programs, including curbside pick -up of refuse by a private
refuse collection company, and (v) responsibility for the perpetual
maintenance of any street, perimeter, or road buffer areas, all of which
buffer areas shall be located within easements to be granted to the HOA if
platted within residential or other lots, or otherwise granted to the HOA by
appropriate instrument.
12.4 The HOA shall be so established that it possesses all necessary powers to
set and revise fees and dues in sufficient sums to perform the
responsibilities assigned to it hereunder and under the Declaration to be
recorded creating such Association. In addition, upon any conveyance of
a residential unit from the builder thereof to a home purchaser, or
thereafter between home purchasers, there shall be a fee paid to the HOA
in an amount equal to two times the then current monthly residential dues
applicable to the unit so conveyed.
{00014467.DOC 4 Proffers As Revised 000145 000020
6
12.5 Any commercial elements of the development (with the exception of any
property owned or leased by the United States, the Board of Supervisors,
or the Winchester Regional Airport) shall be made subject to one or more
property owners' association(s) (hereinafter "POA which shall be sub
association(s) of the master 1-IOA. Such POA(s) shall be responsible for
the ownership, maintenance and repair of all common areas, including any
conservation areas that may be established in accordance herewith not
dedicated to the County or others, and stormwater management facilities
not dedicated to public use for each area subject to their jurisdiction, and
shall be provided such other responsibilities, duties, and powers as are
customary for such associations or as may be required for such POA
herein. If there is more than one such association, the Applicant shall
create an umbrella POA with respect to the entire development that shall,
among other things, have responsibility for assuring compliance with
design guidelines and standards, signage requirements, and similar
matters.
12.6 In addition to such other duties and responsibilities as may be assigned, a
POA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of commercial lots; (iii) private streets serving the
businesses and/or residents who are members of such association; (iv)
common solid waste disposal and recycling programs to include dumpster
and contract carrier services provided by a private refuse collection
company, and (v) responsibility for the perpetual maintenance of any
street, perimeter, or road buffer areas, all of which buffer areas shall be
located within easements to be granted to the POA if platted within
commercial or other lots, or parcels, or otherwise granted to the POA by
appropriate instrument.
13. WATER SEWER:
13.1 The Applicant shall be responsible for connecting the Property to public
water and sewer. It shall further be responsible for constructing all
facilities required for such connection at the Property boundary. All water
and sewer infrastructure shall be constructed in accordance with the
requirements of the Frederick County Sanitation Authority.
14. ENVIRONMENT:
14.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 for the
purpose of providing the highest order of stormwater control in existing
Virginia law at the time of construction of any such facility.
(00014467.DOC 4 Proffers As Revised 000145 0000203
7
15. TRANSPORTATION:
14.2 The Applicant shall provide notice in all sales literature, in covenants,
conditions and restrictions for any homeowners' or property owners'
associations, of the adjacency of the Winchester Regional Airport.
14.3 The Applicant shall consult with the Executive Director of the Airport
with respect to the granting of a reasonable avigation easement to provide
further protection for Airport operations, and shall dedicate such
easement, as the Airport and the Applicant shall mutually agree. The
Applicant shall provide noise attenuation treatment for residential units
within the 65 Ldn zone.
15.1 The major roadways to be constructed on the Property shall be constructed in
the locations depicted on the GDP, with reasonable adjustments permitted for
final engineering.
15.1.1. The Applicant shall design and construct Coverstone Drive as a full
section with raised medians on an 80' right -of -way, consistently with
the TIA provided for hereinbelow. The Applicant shall submit a
street tree plan for approval by the Director of Planning as part of the
design of Coverstone Drive in lieu of the road efficiency buffer
otherwise required by ordinance.
15.1.1.1. Coverstone Drive shall be constructed by the Applicant in
phases as set forth herein:
15.1.1.1.1. Phase 1 shall consist of a four -lane section
including a ten -foot trail from Millwood Pike
to the Phase 1 line in Land Bay 1 as depicted
on the GDP. Such road shall be constructed in
sub phases as delineated on the final master
development plan and/or subdivision plan, to
provide access to development within the
Land Bay, and in any event shall be completed
or bonded for completion prior to the issuance
of the first building permit for each sub phase.
The Applicant shall not petition for inclusion
of this Phase of Coverstone into the State
System of Secondary Roads until it is
completed to base asphalt and open to the
public as a full four -lane section to the Phase 1
line. Notwithstanding the foregoing, building
permits may be issued for model homes and
the community center prior to base paving.
(00014467.DOC 4 Proffers As Revised 000145 000020)
8
15.1.1.1.2. Phase 2 shall consist of construction of a two
lane section of Coverstone Drive from the
Phase 1 line to Prince Frederick Drive as
depicted on the GDP. This two lane segment
shall be completed or bonded for completion
prior to the occupancy of the first commercial
building in Land Bay 2. The Phase 2 segment
shall be completed or bonded for completion
to a full four lane section when construction of
relocated Route 522 commences or when
construction thereof is necessary to service
commercial development in Land Bay 2.
15.1.1.1.3. Notwithstanding any other provision of these
proffers, for Phase 3, the Applicant shall
design Coverstone Drive Extended as a four
lane section from Prince Frederick to
Relocated Route 522 when the alignment of
Relocated 522 has been determined by VDOT.
In the event that the Applicant obtains right
of -way therefor from the Winchester Regional
Airport prior to the initiation of design of such
extension, then it shall realign Coverstone
Drive Extended as may be approved by the
County and VDOT. The Applicants shall
further pay to the County $1,000 per dwelling
unit for the permitted residential units for
future construction of Coverstone Drive
Extended, or other projects in the vicinity of
the Property that are not included in this
rezoning.. Such funds shall be paid at the time
of building permit issuance for each of the
permitted residential units.
15.1.2. The Applicants shall provide a fifty -foot right -of -way for a future
interparcel connection from Coverstone Drive to the easternmost
property boundary line of the Property, as shown on the GDP. Said
right -of -way shall be dedicated upon written request therefor.
15.2 Notwithstanding any other provision of these proffers, if the General
Services Administration locates a federal facility on the Property, the
Applicant shall construct Coverstone Drive as a full four -lane section from
Millwood Pike to Prince Frederick Drive prior to occupancy of that
facility.
15.3 The Applicant shall provide for future interconnection with Inverlee Way
when that road is extended south of Millwood Pike to Coverstone Drive,
100014467.DOC 4 Proffers As Revised 000145 000020)
9
upon the development of adjoining property presently owned by others.
The Applicant shall provide a stub -out for a connection to the internal
street network, and will grant such right -of -way as may be necessary on
the Property to permit such interconnection, subject to VDOT approval, at
a point compatible with such extension of Inverlee Way.
15.4 The Applicants shall upgrade the existing signal at Sulphur Springs Road
from a three- to a four -way signal. All improvements within the existing
southernmost right -of -way of US Route 50 at this intersection including
the signal upgrade shall be completed prior to issuance of the first
certificate of occupancy for the project pursuant to the approved traffic
impact analysis and future construction drawings required for land use
permit issuance by VDOT.
15.5 The Applicants shall pay to the County the amount of $75,000 for
signalization of the intersection of Millwood Pike (US Route 50) and
Victory Road (Route 728). Such funds shall be paid within six (6) months
of the issuance of the first residential building permit in Land Bay 1.
15.6 The Applicants shall pay to the County the amount of $150,000 for
signalization of the intersection of Costello Drive and Prince Frederick
Drive. Such funds shall be paid within six (6) months of the issuance of
the first commercial building permit in Land Bay 2.
151 The Applicants shall close the existing crossover at the Carper's Valley
Golf Club entrance onto Millwood Pike, when the existing golf club use
ceases operation, but shall retain that entrance as a right -in right out
connection. Notwithstanding the foregoing, in the event that the Applicant
obtains or otherwise controls right -of -way across Millwood Pike from the
current Inverlee intersection, the Applicant shall provide right -in right -out
access to the Property to align with Inverlee at that location, and shall
close the existing golf club entrance.
15.8 The Applicants shall use its best efforts to obtain any necessary off -site
right -of -way required for the completion of any traffic improvements
otherwise provided for herein at a commercially reasonable cost, but shall
not be required to construct any improvements, including traffic
signalization, if such right -of -way cannot be obtained by it.
15.9 All public right -of -ways shall be dedicated to Frederick County as part of
the subdivision approval process, consistently with applicable Virginia
law.
15.10 All public streets and roads shall be designed in accordance with the
Virginia Department of Transportation specifications, subject to review
and approval by Frederick County and VDOT, and shall be constructed by
{00014467.DOC 4 Proffers As Revised 000145 000020)
10
17. ESCALATOR CLAUSE
eau Q Pile Applicant in accordance with the recommendations of the approved
TIA for the Property.
15.11 All private streets and roads shall be constructed in accordance with the
Virginia Department of Transportation standards therefor and as may be
modified by the County, and shall be owned and maintained by the
homeowners or property owners association served by such streets or
roads.
15.12 In the event that the General Services Administration does not locate a
federal facility in Land Bay 2, and other commercial users are proposed
for that Land Bay that would result in cumulative project generated trips
in excess of 13,000 vehicles per day, the Applicant shall submit a revised
Traffic Impact Analysis in order to determine what improvements, if any,
shall then be required to accommodate the additional traffic and shall
construct those improvements.
15.13 If the Airport Reserve Parcel shown on the GDP is developed a revised
Traffic Impact Analysis shall be prepared and improvements proposed, if
necessary to accommodate the additional traffic.
16. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION
16.1 The Applicant shall conduct or cause to be conducted a Phase I
Archaeological Investigation of the Property, prior to the approval of the
first final site or subdivision plan for the Property, and shall cause Phase II
and III investigations thereof as may be demonstrated to be necessary by
the Phase I study.
17.1 In the event any monetary contributions set forth in the Proffer Statement
are paid to the Frederick County Board County Supervisors "Board
within 30 months of the approval of this rezoning, as applied for by the
Applicant, said contributions shall be in the amounts as stated herein. Any
monetary contributions set forth in the Proffer Statement which are paid to
the Board after 30 months following the approval of this rezoning shall be
adjusted in accordance with the Urban Consumer Price Index "CPI -U
published by the United States Department of Labor, such that at the time
contributions are paid, they shall be adjusted by the percentage change in
the CPI -U from that date 30 months after the approval of this rezoning to
the most recently available CPI -U to the date the contributions are paid,
subject to a cap of 5% per year, non compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
00014467.DOC /4 Proffers As Revised 000145 000020}
11
REZONING:
PROPERTY:
RECORD OWNER:
PROFFER STATEMENT SEP 3 0 2005
RZ. 11 -05 RA to R4
281.5 Acres
Tax Map Parcels 64 -A -82, 83, 83A, 86, 87, and 87A (the
"Property
JGR Three, LLC; Richard G. and Donna C. Dick;
Constance L. Tjoumas; Gregory L. Coverstone; Cynthia
Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC;
Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick;
Timothy J. Dick; Michael E. Dick
APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at
Coverstone, LLC
PROJECT NAME: Carpers Valley
ORIGINAL DATE
OF PROFFERS: June 24, 2005
REVISION DATE: July 6, 2005
September 7, 2005
The undersigned owners hereby proffer that the use and development of the
subject property "Property as described above, shall be in strict conformance with the
following conditions, which shall supersede all other proffers that may have been made
prior hereto. In the event that the above referenced rezoning is not granted as applied for
by the Applicant "Applicant these proffers shall be deemed withdrawn and shall be
null and void. Further, these proffers are contingent upon final rezoning of the Property
with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the
Frederick County Board of County Supervisors (the `Board grants the rezoning.
The headings of the proffers set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an
interpretation of any provision of the proffers. The improvements proffered herein shall
be provided at the time of development of that portion of the Property adjacent to or
including the improvement or other proffered requirement, unless otherwise specified
herein. The term "Applicant" as referenced herein shall include within its meaning all
future owners, assigns, and successors in interest. When used in these proffers, the
"Generalized Development Plan" shall refer to the plan entitled "Generalized
Development Plan, Carpers Valley" prepared by Patton Harris Rust Associates, (the
"GDP dated September 1, 2005 sheets 1 -4 of 4.
{00014467.DOC 4 Proffers As Revised 000145 000020}
1. LAND USE
1.1 The project shall be designed to establish interconnected mixed -use
residential and commercial /employment Land Bays in conformance with
the GDP, and as is specifically set forth in these proffers.
1.2 All development, including street landscaping, shall be accomplished in
substantial conformance with the "Design and Development Standards
for Carpers Valley," prepared by PHR &A attached hereto and
incorporated herein by reference (the "Design and Development
Standards
1.3 Except as modified herein, and except to the extent any portion of the
Property is owned or leased by the United States or any department or
agency thereof, or by the Virginia National Guard, and is exempt by law
from compliance with state and local land use ordinances and
regulations, areas for commercial use on the Property shall be developed
in conformance with the regulations of the Residential Planned
Community "R4 zoning district, as set forth in the Frederick County
Code Article VII, §165 -67 through §165 -72, as cross referenced to
Article X, §165 -82, Sections A through D inclusive, and §165 -83. All
commercial development on the Property shall comply with the
aforesaid regulations, as approved by Frederick County, and these
Proffers.
1.4 Except as modified herein, areas of residential development on the
Property shall be developed in conformance with the regulations of the
Residential Planned Community "R4 zoning district, including
permissible housing types set forth in the Frederick County Code Article
VII, §165 -67 through §165 -72, as cross- referenced to Article VI, §165-
58, through §165 -66. Unit types and lot layouts within residential Land
Bays may comprise any of the permitted unit types as set forth in the
Design and Development Standards, and authorized for the R4 district,
and these Proffers.
1.4.1 Residential development on the Property shall not exceed
550 dwelling units, with a mix of housing types pernlitted
in the R4 district. Multi- family units, as defined by the
Design and Development Standards, shall not exceed 50%
of the total number of dwelling units developed in the
project. No residential structures shall be closer than 2000
feet from the centerline of the Airport runway.
2. CONSTRUCTION OF A UNIFIED DEVELOPMENT
2.1 The Property shall be developed as one single and unified development
in accordance with applicable ordinances and regulations for the R4
zoning district, the GDP as approved by the Board, and this Proffer
Statement.
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2
3. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF
PROPERTY FOR ARMORY USE
3.1 For a period of two years following Final Rezoning, the Applicant shall
reserve Land Bay 2 for potential acquisition, lease, or use by the United
States General Services Administration, for the location of any federal
agency or department.
3.2 Unless an agreement is reached with the Winchester Regional Airport
for an exchange of property mutually acceptable to the Airport and the
Applicant, then for a period of eight years following Final Rezoning, the
Applicant shall reserve for potential acquisition by the Airport that
portion of any Land Bay designated as reserved for the Winchester
Regional Airport.
3.3 In addition to the foregoing, upon written request therefor the Applicant
shall dedicate approximately ten acres to the Frederick County Board of
Supervisors on behalf of the Virginia National Guard for use as a
National Guard Armory, in the location generally depicted on the GDP.
In addition, the applicant shall build or design and bond for completion
of construction not later than the completion of an Armory structure, a
minimum two lane section of Coverstone Drive from Millwood Pike
(US Route 50) to the entrance to the Armory Site. In the event that no
such request is made within 24 months following Final Rezoning, such
property may be employed by the Applicant for commercial and
employment uses as otherwise provided in these Proffers and depicted
on the GDP.
3.4 The Applicant shall dedicate approximately nine acres to the Frederick
County Board of Supervisors in the location identified on the GDP as
"Frederick County Reserve Area" for the location of a Public Safety
Building. If the County elects at any time to locate such Building on
other property, then the Applicant may use the aforesaid nine acres for
commercial or employment uses.
4. PHASING OF THE DEVELOPMENT
4.1 The residential portions of the Property shall be developed as follows:
4.1.1. The Applicant may obtain building permits for not more than
140 residential units in any residential land bay beginning in the
twenty -fourth month following Final Rezoning.
4.1.2. The Applicant may obtain building permits for not more than
140 residential units in any residential land bay beginning in the
thirty -sixth month following Final Rezoning.
(00014467.DOC 4 Proffers As Revised 000145 000020}
3
4.1.3. The Applicant may obtain building permits for not more than
140 residential units in Land Bay 1 in any residential land bay
beginning in the forty- eighth month following Final Rezoning.
4.1.4. The Applicant may obtain building permits for not more than
130 residential units in any residential land bay beginning in the
sixtieth month following Final Rezoning.
4.2 In anticipation of acquisition or use of properties designated for
commercial /employment use by the United States, commercial and
employment uses may be constructed at any time.
4.3 Community serving improvements including a 3,000 square foot
community center, 3,500 square feet of neighborhood swimming pools,
and a dog park shall be constructed in conjunction with residential
development in Land Bay 1. The location thereof shall be depicted on
final subdivision plans for such residential development. These
recreational amenities shall serve to meet the requirement of 1 recreation
unit per 30 dwellings and shall be, at minimum, equivalent to $25,000 per
recreation unit. These improvements shall be completed not later than the
end of the fourth year following Final Rezoning.
5. ARCHITECTURE, SIGNAGE, AND LANDSCAPING:
5.1 All buildings on the Property shall be constructed using compatible
architectural styles. The Applicant shall establish one or more
Architectural Review Boards through the required Homeowner and
Property Owner Associations to be created to enforce and administer a
unified development plan in general conformity with the Design and
Development Standards.
5.2 All signage within the Property shall be in substantial conformity with a
comprehensive sign plan that meets the requirements of the Zoning
Ordinance for signage, which shall be submitted in conjunction with the
first final site or subdivision plan for the Property.
6. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS
6.1 The Applicant shall design and build a public pedestrian bicycle trail
system to Department of Parks and Recreation standards that links
residential and commercial areas within the development. Said trails shall
be in the locations generally depicted on the GDP. To the extent that such
trails are not depicted on the GDP at the time of Final Rezoning, such
trails shall be connected with or linked to the internal street and sidewalk
network. Sidewalks shall be constructed on public streets to VDOT
standards, and a minimum of four -foot sidewalks shall be constructed on
private streets. All combined pedestrian/bicycling trails shall be 10 feet
wide, and shall have an asphalt surface.
{00014467.DOC 4 Proffers As Revised 000145 000020}
4
7. FIRE RESCUE:
7.1 The Applicant shall contribute to the Board the sum of $422 per dwelling
unit for fire and rescue purposes, payable upon the issuance of the first
residential building permit for each such unit.
7.2 Following Final Rezoning, the master HOA to be created in accordance
herewith shall contribute annually, on or before July 1 of each year, the
sum of $100 per constructed residential unit, and $100 per 1000 square
feet of constructed commercial (not including any land in public use), to
the volunteer fire and rescue company providing first due service to the
Property. Such contribution shall terminate if and when such company
converts to a fully paid service. Commencing January 1, 2010, the
contribution provided for herein shall increase at the rate of five dollars
per residential unit or per 1,000 square feet of commercial development
each calendar year. Such contribution shall be monitored and enforced by
the master HOA, and the Board may require an accounting of such
payments at such times and upon such conditions as it may determine
necessary.
8. SCHOOLS:
8.1 The Applicant shall contribute to the Board the sum of $1,714 per
dwelling unit for educational purposes, payable upon the issuance of a
building permit for each such unit.
9. PARKS OPEN SPACE:
9.1 The Applicant shall contribute to the Board the sum of $343 per dwelling
unit for recreational purposes, payable upon the issuance of a building
permit for each such unit.
10. LIBRARIES:
10.1 The Applicant shall contribute to the Board the sum of $79 per dwelling
unit for library purposes, payable upon the issuance of a building permit
for each such unit.
11. ADMINISTRATION BUILDING:
The Applicant shall contribute to the Board the sum of $79 to be used for
construction of a general governmental administration building upon
issuance of a building permit for each such unit.
12. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
(00014467.DOC 4 Proffers As Revised 000145 000020
5
12.1 The homeowners association to be created in accordance herewith shall be
created contemporaneously with the first final site or subdivision plan
submitted for the Property.
12.2 The residential portion of the development shall be made subject to one or
more homeowners' association(s) (hereinafter "HOA that shall be
responsible for the ownership, maintenance and repair of all common
areas, including any conservation areas that may be established in
accordance herewith not dedicated to the County or others, and
stormwater management facilities not dedicated to public use, for each
area subject to their jurisdiction, and shall be provided such other
responsibilities, duties, and powers as are customary for such associations
or as may be required for such HOA herein. If there is more than one such
association, the Applicant shall create a master HOA with respect to the
entire development that shall, among other things, have responsibility for
assuring compliance with design guidelines and standards, signage
requirements, and similar matters. If only one such HOA is created, it
shall be the master HOA for purposes of these proffers.
12.3 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of residential lots; (iii) private streets serving the residents
who are members of such association; (iv) common solid waste disposal
and recycling programs, including curbside pick -up of refuse by a private
refuse collection company, and (v) responsibility for the perpetual
maintenance of any street, perimeter, or road buffer areas, all of which
buffer areas shall be located within easements to be granted to the HOA if
platted within residential or other lots, or otherwise granted to the HOA by
appropriate instrument.
12.4 The HOA shall be so established that it possesses all necessary powers to
set and revise fees and dues in sufficient sums to perform the
responsibilities assigned to it hereunder and under the Declaration to be
recorded creating such Association. In addition, upon any conveyance of
a residential unit from the builder thereof to a home purchaser, or
thereafter between home purchasers, there shall be a fee paid to the HOA
in an amount equal to two times the then current monthly residential dues
applicable to the unit so conveyed.
12.5 Any commercial elements of the development (with the exception of any
property owned or leased by the United States, the Board of Supervisors,
or the Winchester Regional Airport) shall be made subject to one or more
property owners' association(s) (hereinafter "POA which shall be sub
association(s) of the master HOA. Such POA(s) shall be responsible for
the ownership, maintenance and repair of all common areas, including any
conservation areas that may be established in accordance herewith not
{00014467.DOC 4 Proffers As Revised 000145 000020
6
dedicated to the County or others, and stormwater management facilities
not dedicated to public use for each area subject to their jurisdiction, and
shall be provided such other responsibilities, duties, and powers as are
customary for such associations or as may be required for such POA
herein. If there is more than one such association, the Applicant shall
create an umbrella POA with respect to the entire development that shall,
among other things, have responsibility for assuring compliance with
design guidelines and standards, signage requirements, and similar
matters.
12.6 In addition to such other duties and responsibilities as may be assigned, a
POA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of commercial lots; (iii) private streets serving the
businesses and /or residents who are members of such association; (iv)
common solid waste disposal and recycling programs to include dumpster
and contract carrier services provided by a private refuse collection
company, and (v) responsibility for the perpetual maintenance of any
street, perimeter, or road buffer areas, all of which buffer areas shall be
located within easements to be granted to the POA if platted within
commercial or other lots, or parcels, or otherwise granted to the POA by
appropriate instrument.
13. WATER SEWER:
13.1 The Applicant shall be responsible for connecting the Property to public
water and sewer. It shall further be responsible for constructing all
facilities required for such connection at the Property boundary. All water
and sewer infrastructure shall be constructed in accordance with the
requirements of the Frederick County Sanitation Authority.
14. ENVIRONMENT:
14.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 for the
purpose of providing the highest order of stormwater control in existing
Virginia law at the time of construction of any such facility.
14.2 The Applicant shall provide notice in all sales literature, in covenants,
conditions and restrictions for any homeowners' or property owners'
associations, of the adjacency of the Winchester Regional Airport.
14.3 The Applicant shall consult with the Executive Director of the Airport
with respect to the granting of a reasonable avigation easement to provide
further protection for Airport operations, and shall dedicate such
easement, as the Airport and the Applicant shall mutually agree. The
(00014467.DOC 4 Proffers As Revised 000145 000020}
7
15. TRANSPORTATION:
Applicant shall provide noise attenuation treatment for residential units
within the 65 Ldn zone.
15.1 The major roadways to be constructed on the Property shall be constructed in
the locations depicted on the GDP, with reasonable adjustments permitted for
final engineering.
15.1.1. The Applicant shall design and construct Coverstone Drive as a full
section with raised medians on an 80' right -of -way, consistently with
the TTA provided for hereinbelow. The Applicant shall submit a
street tree plan for approval by the Director of Planning as part of the
design of Coverstone Drive in lieu of the road efficiency buffer
otherwise required by ordinance.
15.1.1.1. Coverstone Drive shall be constructed by the Applicant in
phases as set forth herein:
15.1.1.1.1. Phase 1 shall consist of a four -lane section
including a ten -foot trail from Millwood Pike
to the Phase 1 line in Land Bay 1 as depicted
on the GDP. Such road shall be constructed in
sub phases as delineated on the final master
development plan and /or subdivision plan, to
provide access to development within the
Land Bay, and in any event shall be completed
or bonded for completion prior to the issuance
of the first building permit for each sub phase.
The Applicant shall not petition for inclusion
of this Phase of Coverstone into the State
System of Secondary Roads until it is
completed to base asphalt and open to the
public as a full four -lane section to the Phase 1
line.
15.1.1.1.2. Phase 2 shall consist of construction of a two
lane section of Coverstone Drive from the
Phase 1 line to Prince Frederick Drive as
depicted on the GDP. This two lane segment
shall be completed or bonded for completion
prior to the occupancy of the first commercial
building in Land Bay 2. The Phase 2 segment
shall be completed or bonded for completion
to a full four lane section when construction of
relocated Route 522 commences or when
100014467.DOC 4 Proffers As Revised 000145 000020
8
construction thereof is necessary to service
commercial development in Land Bay 2.
15.1.1.1.3. Notwithstanding any other provision of these
proffers, for Phase 3, the Applicant shall
design Coverstone Drive Extended as a four
lane section from Prince Frederick to
Relocated Route 522 when the alignment of
Relocated 522 has been determined by VDOT.
The Applicants shall pay to the County $1,000
per dwelling unit for the permitted residential
units for future construction of Coverstone
Drive Extended and/or other projects in the
vicinity that are related to the development of
the road network serving the Property. Such
funds shall be paid at the time of building
permit issuance for each of the permitted
residential units.
15.1.2. The Applicants shall provide a fifty -foot right -of -way for a future
interparcel connection from Coverstone Drive to the easternmost
property boundary line of the Property, for access to the National
Guard Armory as shown on the GDP. Said right -of -way shall be
dedicated not later than conveyance of the property to the National
Guard.
15.2 Notwithstanding any other provision of these proffers, if the General
Services Administration locates a federal facility on the Property, the
Applicant shall construct Coverstone Drive as a full four -lane section from
Millwood Pike to Prince Frederick Drive.
15.3 The Applicant shall provide for future interconnection with Inverlee Way
when that road is extended south of Millwood Pike to Coverstone Drive,
upon the development of adjoining property presently owned by others.
The Applicant shall provide a stub -out for a connection to the internal
street network, and will grant such right -of -way as may be necessary on
the Property to permit such interconnection, subject to VDOT approval, at
a point compatible with such extension of Inverlee Way.
15.4 The Applicants shall upgrade the existing signal at Sulphur Springs Road
from a three- to a four -way signal. All improvements within the existing
southernmost right -of -way of US Route 50 at this intersection including
the signal upgrade shall be completed prior to issuance of the first
certificate of occupancy for the project pursuant to the approved traffic
impact analysis and future construction drawings required for land use
permit issuance by VDOT.
00014467. DOC 4 Proffers As Revised 000145 000020
9
15.5 The Applicants shall pay to the County the amount of $75,000 for
signalization of the intersection of Millwood Pike (US Route 50) and
Victory Road (Route 728). Such funds shall be paid within six (6) months
of the issuance of the first residential building permit in Land Bay 1.
15.6 The Applicants shall pay to the County the amount of $150,000 for
signalization of the intersection of Costello Drive and Prince Frederick
Drive. Such funds shall be paid within six (6) months of the issuance of
the first commercial building permit in Land Bay 2.
15.7 The Applicants shall close the existing crossover at the Carper's Valley
Golf Club entrance onto Millwood Pike, when the existing golf club use
ceases operation, but shall retain that entrance as a right -in right out
connection.
15.8 The Applicants shall use its best efforts to obtain any necessary off -site
right -of -way required for the completion of any traffic improvements
otherwise provided for herein at a commercially reasonable cost, but shall
not be required to construct any improvements, including traffic
signalization, if such right -of -way cannot be obtained by it, or if such
right -of -way is not otherwise obtained and made available to the Applicant
by governmental authorities either through donation, purchase, or the use
of their powers of eminent domain.
15.9 All public right -of -ways shall be dedicated to Frederick County as part of
the subdivision approval process, consistently with applicable Virginia
law.
15.10 All public streets and roads shall be designed in accordance with the
Virginia Department of Transportation specifications, subject to review
and approval by Frederick County and VDOT, and shall be constructed by
the Applicant in accordance with the recommendations of the approved
TIA for the Property.
15.11 All private streets and roads shall be constructed in accordance with the
Virginia Department of Transportation standards therefor and as may be
modified by the County, and shall be owned and maintained by the
homeowners or property owners association served by such streets or
roads.
15.12 In the event that the General Services Administration does not locate a
federal facility in Land Bay 2, and other commercial users are proposed
for that Land Bay that would result in cumulative project- generated trips
in excess of 13,000 vehicles per day, the Applicant shall submit a revised
Traffic Impact Analysis in order to determine what improvements, if any,
shall then be required to accommodate the additional traffic.
X00014467 DOC 4 Proffers As Revised 000145 000020}
10
15.13 If the Airport Reserve Parcel shown on the GDP is developed a revised
Traffic Impact Analysis shall be prepared and improvements proposed, if
necessary to accommodate the additional traffic.
16. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION
16.1 The Applicant shall conduct or cause to be conducted a Phase I
Archaeological Investigation of the Property, prior to the approval of the
first final site or subdivision plan for the Property, and shall cause Phase II
and III investigations thereof as may be demonstrated to be necessary by
the Phase I study.
17. ESCALATOR CLAUSE
17.1 In the event any monetary contributions set forth in the Proffer Statement
are paid to the Frederick County Board County Supervisors "Board
within 30 months of the approval of this rezoning, as applied for by the
Applicant, said contributions shall be in the amounts as stated herein. Any
monetary contributions set forth in the Proffer Statement which are paid to
the Board after 30 months following the approval of this rezoning shall be
adjusted in accordance with the Urban Consumer Price Index "CPI -U
published by the United States Department of Labor, such that at the time
contributions are paid, they shall be adjusted by the percentage change in
the CPI -U from that date 30 months after the approval of this rezoning to
the most recently available CPI -U to the date the contributions are paid,
subject to a cap of 5% per year, non compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
100014467.DOC 4 Proffers As Revised 000145 000020
11
REZONING:
PROPERTY:
RECORD OWNER:
ORIGINAL DATE
OF PROFFERS: June 24, 2005
REVISION DATE: July 6, 2005
September 7, 2005
SEP 7 2005
PROFFER STATEMENT
RZ. 11 -05 RA to R4
281.5 Acres
Tax Map Parcels 64 -A -82, 83, 83A, 86, 87, and 87A (the
"Property
JGR Three, LLC; Richard G. and Donna C. Dick;
Constance L. Tjoumas; Gregory L. Coverstone; Cynthia
Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC;
Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick;
Timothy J. Dick; Michael E. Dick
APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at
Coverstone, LLC
PROJECT NAME: Carpers Valley
The undersigned owners hereby proffer that the use and development of the subject
property "Property as described above, shall be in strict conformance with the
following conditions, which shall supersede all other proffers that may have been made
prior hereto. In the event that the above referenced rezoning is not granted as applied for
by the Applicant "Applicant these proffers shall be deemed withdrawn and shall be
null and void. Further, these proffers are contingent upon final rezoning of the Property
with "Final Rezoning" defined as that rezoning which is in effect on the day upon which
the Frederick County Board of County Supervisors (the "Board grants the rezoning.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation
of any provision of the proffers. The improvements proffered herein shall be provided at
the time of development of that portion of the Property adjacent to or including the
improvement or other proffered requirement, unless otherwise specified herein. The term
"Applicant" as referenced herein shall include within its meaning all future owners,
assigns, and successors in interest. When used in these proffers, the "Generalized
Development Plan" shall refer to the plan entitled "Generalized Development Plan,
Carpers Valley" prepared by Patton Harris Rust Associates, (the "GDP dated
September 1, 2005 sheets 1 -4 of4.
100012115.DOC 4 PR000ERS.due (00001706- 10)DOC 000145 0000201
1. LAND USE
1.1 The project shall be designed to establish interconnected mixed -use
residential and commercial /employment Land Bays in conformance with
the GDP, and as is specifically set forth in these proffers.
1.2 All development, including street landscaping, shall be accomplished in
substantial conformance with the "Design and Development Standards
for Carpers Valley," prepared by PHR &A attached hereto and
incorporated herein by reference (the "Design and Development
Standards
1.3 Except as modified herein, and except to the extent any portion of the
Property is owned or leased by the United States or any department or
agency thereof, or by the Virginia National Guard, and is exempt by law
from compliance with state and local land use ordinances and
regulations, areas for commercial use on the Property shall be developed
in conformance with the regulations of the Residential Planned
Community "R4 zoning district, as set forth in the Frederick County
Code Article VII, §165 -67 through §165 -72, as cross referenced to
Article X, §165 -82, Sections A through D inclusive, and §165 -83. All
commercial development on the Property shall comply with the
aforesaid regulations, as approved by Frederick County, and these
Proffers.
1.4 Except as modified herein, areas of residential development on the
Property shall be developed in conformance with the regulations of the
Residential Planned Community "R4 zoning district, including
permissible housing types set forth in the Frederick County Code Article
VII, §165 -67 through §165 -72, as cross referenced to Article VI, §165-
58, through 165 -66. Unit types and lot layouts within these residential
Land Bays may comprise any of the permitted unit types identified for
those Land Bays as set forth on the GDP and the Design and
Development Standards, and authorized for the R4 district, and these
Proffers.
1.4.1 Residential development on the Property shall not exceed
750 dwelling units, not including the workforce housing
units° permitted pursuant to proffer 3 herein, with a mix of
housing types permitted in the R4 district, and dwelling
units shall be constructed in the locations generally
depicted on the GDP and as may be further set forth herein.
Multi- family units, as defined by the Design and
Development Standards, shall not exceed 50% of the total
number of dwelling units developed in the project.
2. CONSTRUCTION OF A UNIFIED DEVELOPMENT
2.1 The Property shall be developed as one single and unified development
in accordance with applicable ordinances and regulations for the R4
2
zoning district, the GDP as approved by the Board, and this Proffer
Statement.
3. PROVISION OF WORKFORCE HOUSING
3.1 The Applicant shall coordinate with the Board or with such other public or
private entity as the Board may direct, to provide workforce housing
within the Property. For the purposes of these proffers "workforce
housing" shall mean housing that is made available to resident home
buyers whose household incomes are at or below 80% of the median
income of the County at the time of their home purchase.
3.2 The Applicant shall provide not more than 35 workforce housing units in
addition to the 750 units set forth in Proffer 1.4.1.
3.3 Subject to the approval of the County Administrator or his designee(s),
workforce housing unit prices shall be established and adjusted according
to the following guidelines:
3.3.1. The Applicant shall ascertain sales prices based upon a
determination of all ordinary, necessary, and reasonable hard and
soft costs required to construct workforce housing units by
private industry in the immediate area of the Property, including
the area's current general market and economic conditions.
3.3.2. Sales prices shall include, among other costs, provisions for
builder -paid permanent mortgage placement costs, closing costs
except for prepaid expenses at settlement, and other applicable
costs resulting from proffers given and accepted through
rezoning approval.
3.3.3. Sales prices shall not include the cost of land, marketing
expenses, and extra finishes and amenities exceeding 10% of the
total unit construction cost, including landscaping, unless
otherwise approved by the Director of Planning.
3.3.4. Sales price shall include a 1.5% commission/finders fee to be
paid to a real estate agent who secures a purchaser of a
workforce housing unit.
3.3.5. The sales price of the workforce housing units shall be
established such that the builder shall not suffer economic loss as
a result of providing such units. Economic loss shall result when
the builder fails to recoup the cost of construction, including site
development and infrastructure costs, exclusive of the cost of
land acquisition.
3
3.4 The Applicant shall provide the County Administrator with such data
supporting its estimate as to a reasonable sales price for each workforce
housing unit as the Administrator may require. The County Administrator
shall be authorized to concur in the said sales price, or to make revisions
thereto based upon the guidelines established herein, as he shall determine
necessary to establish a fair and reasonable sales price for such units.
3.5 The opportunity to purchase these units during an initial six -month period
following the issuance of building permits for each such unit shall be
offered to and reserved for Frederick County sheriffs' deputies, Frederick
County public school teachers, and any other Frederick County or School
Division employees who have been so employed for not less than three
years and otherwise satisfy the qualifications set forth herein. Following
such period any units not sold to qualifying purchasers pursuant to this
proffer may be made available for purchase by members of the general
public who meet the requirements for purchase of such housing. hi the
event that no qualifying purchaser has acquired any workforce housing
unit(s) within eighteen months of the issuance of occupancy permits
therefor, those units may thereafter be sold as other units are sold.
3.6 The Applicant shall include reasonable provisions in the conveyances of
workforce housing units, including restrictive covenants in the deed of
conveyance therefor, that shall be enforceable by the master homeowners'
association in order to maintain such units as workforce housing for not
less than 50 years.
3.7 In the event that the County enacts an affordable dwelling unit ordinance
pursuant to the provisions of Va. Code Ann. 15.2 -2305, then the
administration of this proffer shall be effected pursuant to that ordinance
without further action by the Board or the Applicant, provided that the
number of workforce housing units provided herein shall be the maximum
number of such units provided on the Property.
4. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF
PROPERTY FOR ARMORY USE
4.1 For a period of two years following Final Rezoning, the Applicant shall
reserve Land Bay 2 for potential acquisition, lease, or use by the United
States General Services Administration, for the location of any federal
agency or department.
4.2 For a period of eight years following Final Rezoning, the Applicant shall
reserve for potential acquisition by the Airport that portion of any Land
Bay designated as reserved for the Winchester Regional Airport.
4.3 In addition to the foregoing, upon written request therefor the Applicant
shall dedicate approximately ten acres to the Frederick County Board of
4
Supervisors on behalf of the Virginia National Guard for use as a
National Guard Armory, in the location generally depicted on the GDP.
In addition, the applicant shall build a minimum two lane section of
Coverstone Drive from Millwood Pike (US Route 50) to the entrance to
the Armory Site, prior to the construction start of the Armory facility. In
the event that no such request is made within 24 months following Final
Rezoning, such property may be employed by the Applicant for
commercial and employment uses as otherwise provided in these
Proffers and depicted on the GDP.
4.4 The Applicant shall dedicate approximately nine acres to the Frederick
County Board of Supervisors in the location identified on the GDP as
"Frederick County Reserve Area" for the location of a Public Safety
Bui lding.
5. PHASING OF THE DEVELOPMENT
5.1 The residential portions of the Property shall be developed as follows:
5.1.1. The Applicant may obtain building permits for not more than
100 residential units in Land Bay 1 in the second calendar year
following Final Rezoning.
5.1.2. The Applicant may obtain building permits for not more than
128 residential units in Land Bay 1 in the third calendar year
following Final Rezoning.
5.1.3. The Applicant may obtain building permits for not more than
240 residential units in Land Bay 1 in the fourth calendar year
following Final Rezoning.
5.1.4. The Applicant may obtain building permits for not more than
185 residential units in Land Bay 1 in the fifth calendar year
following Final Rezoning.
5.1.5. The Applicant may obtain building permits for not more than
132 residential units in Land Bay 1 in the sixth calendar year
following Final Rezoning.
5.1.6. The foregoing annual limits shall be cumulative, and residential
building permits not obtained in any given year may be obtained
in any succeeding year.
5.2 In anticipation of acquisition or use of properties designated for
commercial /employment use by the United States, commercial and
employment uses may be constructed at any time.
5
5.3 Community- serving improvements including a 4,000 square foot
community center, 3,500 square feet of neighborhood swimming pools,
and a clog park shall be constructed in conjunction with residential
development in Land Bay I. The location thereof shall be depicted on
final subdivision plans for such residential development. These
recreational amenities shall serve to meet the requirement of 1 recreation
unit per 30 dwellings and shall be, at minimum, equivalent to $25,000 per
recreation unit. These improvements shall be completed not later than the
end of the fourth year following Final Rezoning.
6. ARCHITECTURE, SIGNAGE, AND LANDSCAPING:
6.1 All buildings on the Property shall be constructed using compatible
architectural styles. The Applicant shall establish one or more
Architectural Review Boards through the required Homeowner and
Property Owner Associations to be created to enforce and administer a
unified development plan in general conformity with the Design and
Development Standards.
6.2 All signage within the Property shall be in substantial conformity with a
comprehensive sign plan that meets the requirements of the Zoning
Ordinance for signage, which shall be submitted in conjunction with the
first final site or subdivision plan for the Property.
7. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS
7.1 The Applicant shall design and build a public pedestrian- bicycle trail
system to Department of Parks and Recreation standards that links
residential and commercial areas within the development and to adjacent
properties. Said trails shall be in the locations generally depicted on the
GDP. To the extent that such trails are not depicted on the GDP at the
time of Final Rezoning, such trails shall be connected with or linked to the
internal street and sidewalk network. Sidewalks shall be constructed on
public streets to \DOT standards, and a minimum of four -foot sidewalks
shall be constructed on private streets. All combined pedestrian/bicycling
trails shall be 10 feet wide, and shall have an asphalt surface.
8. FIRE RESCUE:
8.1 The Applicant shall contribute to the Board the sum of $422 per dwelling
unit for fire and rescue purposes, payable upon the issuance of the first
residential building permit for each such unit.
8.2 Following Final Rezoning, the master HOA to be created in accordance
herewith shall contribute annually, on or before July 1 of each year, the
sum of $100 per constructed residential unit, and $100 per 1000 square
feet of constructed commercial (not including any land in public use), to
the volunteer fire and rescue company providing first due service to the
6
9. SCHOOLS:
Property. Such contribution shall terminate if and when such company
converts to a fully paid service. Commencing January 1, 2010, the
contribution provided for herein shall increase at the rate of five dollars
per residential unit or per 1,000 square feet of commercial development
each calendar year. Such contribution shall be monitored and enforced by
the master HOA, and the Board may require an accounting of such
payments at such tines and upon such conditions as it may determine
necessary.
9.1 The Applicant shall contribute to the Board the sum of $1,714 per
dwelling unit for educational purposes, payable upon the issuance of a
building permit for each such unit.
10. PARKS OPEN SPACE:
10.1 The Applicant shall contribute to the Board the sum of $343 per dwelling
unit for recreational purposes, payable upon the issuance of a building
permit for each such unit.
11 LIBRARIES:
11.1 The Applicant shall contribute to the Board the sum of $79 per dwelling
unit for library purposes, payable upon the issuance of a building permit
for each such unit.
12. ADMINISTRATION BUILDING:
12.1 The Applicant shall contribute to the Board the sum of $79 to be used for
construction of a general governmental administration building upon
issuance of a building permit for each such unit.
13. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
13.1 The homeowners association to be created in accordance herewith shall be
created contemporaneously with the first final site or subdivision plan
submitted for the Property.
13.2 The residential portion of the development shall be made subject to one or
more homeowners' association(s) (hereinafter "HOA that shall be
responsible for the ownership, maintenance and repair of all common
areas, including any conservation areas that may be established in
accordance herewith not dedicated to the County or others, and
stormwater management facilities not dedicated to public use, for each
area subject to their jurisdiction, and shall be provided such other
responsibilities, duties, and powers as are customary for such associations
or as may be required for such HOA herein. If there is more than one such
7
association, the Applicant shall create a master HOA with respect to the
entire development that shall, among other things, have responsibility for
assuring compliance with design guidelines and standards, signage
requirements, and similar matters. if only one such HOA is created, it
shall be the master HOA for purposes of these proffers.
13.3 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of residential lots; (iii) private streets serving the residents
who are members of such association; (iv) common solid waste disposal
and recycling programs, including curbside pick -up of refuse by a private
refuse collection company, and (v) responsibility for the perpetual
maintenance of any street, perimeter, or road buffer areas, all of which
buffer areas shall be located within easements to be granted to the HOA if
platted within residential or other lots, or otherwise granted to the HOA by
appropriate instrument.
13.4 Any commercial elements of the development (with the exception of any
property owned or leased by the United States, the Board of Supervisors,
or the Winchester Regional Airport) shall be made subject to one or more
property owners' association(s) (hereinafter "POA which shall be sub
association(s) of the master HOA. Such POA(s) shall be responsible for
the ownership, maintenance and repair of all common areas, including any
conservation areas that may be established in accordance herewith not
dedicated to the County or others, and stormwater management facilities
not dedicated to public use for each area subject to their jurisdiction, and
shall be provided such other responsibilities, duties, and powers as are
customary for such associations or as may be required for such POA
herein. If there is more than one such association, the Applicant shall
create an umbrella POA with respect to the entire development that shall,
among other things, have responsibility for assuring compliance with
design guidelines and standards, signage requirements, and similar
matters.
13.5 In addition to such other duties and responsibilities as may be assigned, a
POA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of commercial lots; (iii) private streets serving the
businesses and /or residents who are members of such association; (iv)
common solid waste disposal and recycling programs to include dumpster
and contract carrier services provided by a private refuse collection
company, and (v) responsibility for the perpetual maintenance of any
street, perimeter, or road buffer areas, all of which buffer areas shall be
located within easements to be granted to the POA if platted within
commercial or other lots, or parcels, or otherwise granted to the POA by
appropriate instrument.
8
14. WATER SEWER:
14.1 The Applicant shall be responsible for connecting the Property to public
water and sewer. It shall further be responsible for constructing all
facilities required for such cormection at the Property boundary. All water
and sewer infrastructure shall be constructed in accordance with the
requirements of the Frederick County Sanitation Authority.
15. ENVIRONMENT:
15.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 for the
propose of providing the highest order of stormwater control in existing
Virginia law at the time of construction of any such facility.
15.2 The Applicant shall provide notice in all sales literature, in covenants,
conditions and restrictions for any homeowners' or property owners'
associations, of the adjacency of the Winchester Regional Airport.
15.3 The Applicant shall consult with the Executive Director of the Airport
with respect to the granting of a reasonable avigation easement to provide
further protection for Airport operations, and shall dedicate such
easement, as the Airport and the Applicant shall mutually agree. The
Applicant shall provide noise attenuation treatment for residential units
within the 65 Ldn zone.
16. TRANSPORTATION:
16.1 The major roadways to be constructed on the Property shall be constructed in
the locations depicted on the GDP, with reasonable adjustments permitted for
final engineering.
16.1.1. The Applicant shall design and construct Coverstone Drive as a full
section with raised medians on an 80' right -of -way, consistently with
the TIA provided for hereinbelow. The Applicant shall submit a
street tree plan for approval by the Director of Planning as part of the
design of Coverstone Drive in lieu of the road efficiency buffer
otherwise required by ordinance.
16.1.1.1. Coverstone Drive shall be constructed by the Applicant in
phases as set forth herein:
16.1.1.1.1. Phase 1 shall consist of a four -lane section
including a ten -foot trail from Millwood Pike
to the Phase 1 line in Land Bay 1 as depicted
on the GDP. Such road shall be constructed in
sub phases as delineated on the final master
9
development plan and /or subdivision plan, to
provide access to development within the
Land Bay, and in any event shall be completed
or bonded for completion prior to the issuance
of the first building permit for each sub phase.
The Applicant shall not petition for inclusion
of this Phase of Coverstone into the State
System of Secondary Roads until it is
completed to based asphalt and open to the
public as a full four -lane section to the Phase 1
line.
16.1.1.1.2. Phase 2 shall consist of construction of a two
lane section of Coverstone Drive from the
Phase 1 line to Prince Frederick Drive as
depicted on the GDP. This two lane segment
shall be completed or bonded for completion
prior to issuance of the 451 residential
building permit. The Phase 2 segment shall
be completed or bonded for completion to a
full four lane section when construction of
relocated Route 522 commences or when
construction thereof is necessary to service
commercial development in Land Bay 2.
16.1.1.1.3. Notwithstanding any other provision of these
proffers, for Phase 3, the Applicant shall
design Coverstone Drive Extended as a four
lane section from Prince Frederick to
Relocated Route 522 when the intersection of
Coverstone Drive and Prince Frederick Drive
has been accepted into the State System of
Secondary Roads, for construction by others.
The Applicants shall pay to the County $1,000
per dwelling unit for the permitted non
workforce residential units for future
construction of Coverstone Drive Extended
and /or other projects in the vicinity that are
related to the development of the road network
serving the Property. Such funds shall be paid
at the time of building permit issuance for
each of the permitted non workforce
residential units.
16.1.2. The Applicants shall provide a fifty -foot right -of -way for a future
interparcel connection from Coverstone Drive to the easternmost
property boundary line of the Property, for access to the National
10
Guard Armory as shown on the GDP. Said right -of -way shall be
dedicated not later than conveyance of the property to the National
Guard.
16.2 Notwithstanding any other provision of these proffers, if the General
Services Administration locates a federal facility on the Property, the
Applicant shall construct Coverstone as a full four -lane section from
Millwood Pike to Prince Frederick Drive.
16.3 The Applicant shall provide for future interconnection with Inverlee Way
when that road is extended south of Millwood Pike, upon the development
of adjoining property presently owned by others. The Applicant shall
provide a stub -out for a connection to the internal street network, and will
grant such right -of -way as may be necessary on the Property to permit
such interconnection, subject to VDOT approval, at a point compatible
with such extension of Inverlee Way.
16.4 The Applicants shall make no other connection to Millwood Pike than
Coverstone Drive.
16.5 The Applicants shall upgrade the existing signal at Sulphur Springs Road
from a three- to a four -way signal. All improvements within the existing
southernmost right -of -way of US Route 50 at this intersection including
the signal upgrade shall be completed prior to issuance of the first
certificate of occupancy for the project pursuant to the approved traffic
impact analysis and future construction drawings required for land use
permit issuance by VDOT.
16.6 The Applicants shall pay to the County the amount of $75,000 for
signalization of the intersection of Millwood Pike (US Route 50) and
Victory Road (Route 728). Such funds shall be paid within six (6) months
ofthe issuance ofthe first residential building permit in Land Bay 1.
16.7 The Applicants shall pay to the County the amount of $150,000 for
signalization of the intersection of Costello Drive and Prince Frederick
Drive. Such funds shall be paid within six (6) months of the issuance of
the first commercial building permit in Land Bay 2.
16.8 The Applicants shall close the existing Carper's Valley Golf Club entrance
on Millwood Pike, to include closure of the corresponding crossover on
Millwood Pike, when the existing golf club use ceases operation.
16.9 The Applicants shall use its best efforts to obtain any necessary off -site
right -of -way required for the completion of any traffic improvements
otherwise provided for herein at a commercially reasonable cost, but shall
not be required to construct any improvements, including traffic
signalization, if such right -of -way cannot be obtained by it, or if such
right -of -way is not otherwise obtained and made available to the Applicant
11
by governmental authorities either through donation, purchase, or the use
of their powers of eminent domain.
16.10 All public right -of -ways shall be dedicated to Frederick County as part of
the subdivision approval process, consistently with applicable Virginia
law.
16.11 All public streets and roads shall be designed in accordance with the
Virginia Department of Transportation specifications, subject to review
and approval by Frederick County and VDOT, and shall be constructed by
the Applicant in accordance with the recommendations of the approved
TIA for the Property.
16.12 All private streets and roads shall be constructed in accordance with the
Virginia Department of Transportation standards therefor and as may be
modified by the County, and shall be owned and maintained by the
homeowners or property owners association served by such streets or
roads.
16.13 In the event that the General Services Administration does not locate a
federal facility in Land Bay 2, and other commercial users are proposed
for that Land Bay that would result in cumulative project generated trips
in excess of 13,000 vehicles per day, the Applicant shall submit a revised
Traffic Impact Analysis in order to determine what improvements, if any,
shall then be required to accommodate the additional traffic.
16.14 If the Airport Reserve Parcel shown on the GDP is developed a revised
Traffic Impact Analysis shall be prepared and improvements proposed, if
necessary to accommodate the additional traffic.
17. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION
17.1 The Applicant shall conduct or cause to be conducted a Phase I
Archaeological Investigation of the Property, prior to the approval of the
first final site or subdivision plan for the Property, and shall cause Phase II
and 111 investigations thereof as may be demonstrated to be necessary by
the Phase 1 study.
18. ESCALATOR CLAUSE
18.1 In the event any monetary contributions set forth in the Proffer Statement
are paid to the Frederick County Board County Supervisors "Board
within 30 months of the approval of this rezoning, as applied for by the
Applicant, said contributions shall be in the amounts as stated herein. Any
monetary contributions set forth in the Proffer Statement which are paid to
the Bonn! after 30 months following the approval of this rezoning shall be
adjusted in accordance with the Urban Consumer Price Index "CPI -U
published by the United States Department of Labor, such that at the time
12
contributions arc paid, they shall be adjusted by the percentage change in
the CPI -U from that date 30 months after the approval of this rezoning to
the most recently available CPI -U to the date the contributions are paid,
subject to a cap of 5% per year, non compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
113
February 6, 2006
John Conrad, Vice President
Miller Smith
8401 Greensboro Drive, Suite 300
McLean, VA 22102
Re: National Guard Armory Property Dedication efriefe/es V A4,6. 7 A tz
Dear Mr. Conrad:
Pursuant to Proffer 3.3 of the Carpers Valley Rezoning, Frederick County is hereby requesting in
writing the dedication of approximately ten acres to the Frederick County Board of Supervisors on
behalf of the Virginia National Guard for use as a National Guard Armory, in the location generally
depicted on the Generalized Development Plan.
In addition to the above request, said proffer further states that the applicant shall build or design and
bond for completion of construction, not later than the completion of' an Armory structure, a minimum
two lane section of Coverstone Drive from Millwood Pike (U.S. Route 50) to the entrance to the
armory site.
Should you have any questions or wish to discuss this issue further, please do not hesitate to contact me
at 540- 665 -6382.
Sincerply,
Jobe R. Riley, Jr.
County Administrator
JRR/jet
107 North Kent Street e Winchester, Virginia 22601 -5000
L.. c 7.'' V t L U.a /C
COUNTY of FREDERICK
John R. Riley, Jr.
County Administrator
540/665 -5666
Fax 540/667 -0370
E -mail:
jriley @co.frederick.va.us
February 2, 2006
John Conrad, Vice President
Miller Smith
8401 Greensboro Drive, Suite 300
McLean, VA 22102
Re: Frederick County Public Safety Building Property Reservation OA-fife I�"n mot KEL
Dear Mr. Conrad:
Pursuant to Proffer 3.4 of the Carpers Valley Rezoning, Frederick County is hereby requesting in
writing the dedication of approximately nine acres to the Frederick County Board of Supervisors in the
location identified on the Generalized Development Plan as "Frederick County Reserve Area" for the
location of a public safety building. Access to said site shall be constructed to base paving by the
Applicant not later than twelve months following receipt of this request.
Should you have any questions or wish to discuss this issue further, please do not hesitate to contact me
at 540- 665 -6382.
cerell
/John R. Riley, Jr.
County Administrator
JRR/jet
107 North Kent Street Winchester, Virginia 22601 -5000
COUNTY of FREDERICK
John R. Riley, Jr.
County Administrator
540/665 -5666
Fax 540/667 -0370
E-mail:
jriley @co.frederick.va.us
August 13, 2008
Dear Mr. Conrad:
i l k )C
\j(j i:Cil
dy
0 N r`o`\
Mr. John Conrad
Governor's Hill LLC
8401 Greensboro Drive, Suite 300
McLean, Virginia 22102
RE: Governor's Hill Development
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
tEDERICK
Development
540/665 -5651
540/665-6395
Thank you for your response, dated August 7, 2008, to my request for. an update on your
progress towards implementing the Governor's Hill proffered road system and provisions to
provide the Winchester Readiness Center (WRC) with public road access. These are both vital
components to proceeding with the overall Governor's Hill development.
I appreciate the clarification you provided regarding the efforts you have put forth to establish a
public road from Arbor Court to the WRC by early 2009 which will coincide with the WRC
facility's intended date for completion. As this road does deviate from the approved proffers for
Governor's Hill, I would request that you dedicate the necessary right -of -way to the County, and
establish a guaranty bond with the County as further assurance that this road connection will be
accomplished in the constrained time frame in which we're working.
Your letter also states that "the leadership of Frederick County has made it clear to the owners
of Governor's Hill that the County does not prefer to have Coverstone Drive /Route 50
intersection coexist with the Sulfur Springs intersection This statement is contrary to the
proffers for the development as approved by the Board of Supervisors on October 12, 2005. In
an effort to ascertain if the Board had taken actions to revise the previously approved proffers
pertaining to the Coverstone Drive /Route 50 intersection, I have reviewed the Board's meeting
minutes since October 2005. In doing so, I have not found any Board actions that would enable
deviation from the proffers. Therefore, the proffers approved by the Board of Supervisors on
October 12, 2005, continue to apply to this property. And as noted in my previous
correspondence, the transportation proffers delineate the construction of Coverstone Drive, from
Route 50 "Millwood Pike" to the Armory site entrance, prior to the Armory's completion (REZ
#11 -05 proffer statement item 3.3).
Mr. John Conrad
RE: Governor's Hill Development
August 13, 2008
Page 2
I do recognize your intent to seek
the County of this preference in
application has been submitted
application for the proffer revision
you ar obligated to adhere to the
Sinc -'-I
ERL/bhd
be: Richard Shickle and Gene Fisher
a proffer revision pertaining to Coverstone Drive; you advised
late 2007. As I write this letter, no formal proffer revision
to the County. Unfortunately, until you formally make
and receive approval for same by the Board of Supervisors,
current proffers for the property.
Eri rence, AICP
Director of Planning and Development
cc: Miller and Smith, 480 West Jubal Early Drive, Winchester, VA 22601
John R. Riley, Jr., County Administrator
480 W Juba! Early Drive
Suite 330
Winchester, Virginia 22601
540 -722 -9566
Fax:
540 722-9655
www. millerandsmith corn
August 7, 2008
MIL ER
SMITH
Eric R. Lawrence
Director of Planning and Development
County of Frederick
107 North Kent Street
Winchester, Virginia 22601
Re: Governors Hill
Dear Eric,
The leadership of Frederick County has made it clear to the owners of Governors
Hill that the County does not prefer to have the Coverstone Drive /Route 50
intersection coexist with the Sulfur Springs intersection'as depicted in the current
MDP. In fact the County assisted the owners in the purchase of the last remaining
property adjacent to Governors Hill along Route 50 so that the Coverstone Drive
intersection with Route 50 would occur opposite Inverlee Way. The owners
settled on this property in February of this year, and anticipating this settlement,
members of PHR &A met with you, Candice, and me on January 24, 2008 to
discuss the rezoning of the entire property so that the road structure on the MDP
could be changed and the Proffers adjusted. In fact after receiving our rezoning
application your office has provided the first round of rezoning comments. We are
now in our third revision of the TIA and Iasi week we met with VDOT to finalize
the offsite improvements that we will proffer with our rezoning.
Knowing that sufficient time would not be available to rezone the property,
design the Inverlee Intersection, design the new Coverstone Drive (the plans for
the MDP location of Coverstone Drive have been completed and approved by
VDOT for almost a year), and construct Coverstone Drive and Tazewell Drive to
the Armory entrance, the owners committed to'spend a great deal of money to
accommodate the Armory. First we built at our cost a temporary road from Route
50 to the Armory site to allow the construction of the buildings to begin. We have
maintained this road at our expense and not one minute of interruption has
occurred with the Armory construction that can be attributed to the access. Our
next step was to secure a right a way for a public road across the property adjacent
to the Armory. What VDOT did not tell you is that, along with Frederick
County's approval, we now have the VDOT approval of the design of the public
road from Arbor Road to the Armory. We have also contracted with Perry
Engineering to build the access road, and once we have our pre construction
meeting, they will begin the process. Perry's commitment is to have the road
completed in October of this year, approximately three months prior to the
proposed completion of the Armory. Through another permit with FCSA and the
County we have previously installed the sanitary sewer to serve the Armory,
again at our expense. The folks building the Armory, the National Guard, or
Frederick County have not been delayed, obstructed, or inconvenienced as a result
of the relocation of the access. As this letter and our actions indicate, our firm has
exhibited much progress since the first of this year, and we have not been bashful
in our commitment of funds to meet our obligations.
It is our intention to have a rezoning package for Governors Hill completed before
the end of this month that is acceptable to the County. Assuming that the rezoning
is successful the proffers will indicate that the applicant shall commit to the
substantial completion of a public roadway to the Armory prior to the completion
of the Armory. At the end of the day the County will have the Inverlee
Intersection in the desired location, the Guard will have two points of access to
their site, and we will finally be able to begin development of our property.
Sincerely,
aw,e
John T. Conrad
Vice President Miller and Smith Inc.
Cc: John R. Riley
Gene Fisher
Contents:
I. Project Introduction
II. Design and Development Standards
Cohesive Design
Residential Standards
Commercial Retail Standards
Employment Center Government Parcel Standards
Suggested Building Characteristics
Street Standards
Public Streets
Private Streets
Streetscape Design
Landscape, Screening and Open Space Standards
Modifications
Carpers Valley Frederick County, VA
Design Development Standards 2
I. Introduction
The site is intended as a mixed use residential and employment center
anchored by roughly 100 acres initially reserved for the development of
federal government facilities. These significant employment uses will be
complemented by a variety of other commercial and service uses as well
as moderate to high density residential uses, all of which will be
developed in a functionally and aesthetically unified manner. Attainment
of such an integrated development program will occur through the
application of uniform design guidelines and the implementation of a
multi -modal transportation network, both of which will be proffered by
the Applicant.
The proposed rezoning will establish a neighborhood unique to Frederick
County, because of its explicit provision for a balanced mix of mutually
supportive uses in an area already served by public facilities and a good
road system. The presence of significant employment uses within the
project will catalyze a synergistic relationship between land uses that will
enhance the economic vitality of the area and achieve a more sustainable
form of development than has been the historic pattern in that area.
The Comprehensive Policy Plan identifies the planned use of the site as a
mix of business /office and transitional land uses. The mixed use
employment center concept proposed with this rezoning is consistent with
this land use vision, and provides for its realization in an efficient and
dynamic manner that is preferable to the single use pattern that has
predominated within the Urban Development Area (UDA).
Carpers Valley Frederick County, VA
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Design development Standards 3
II. Design and Development Standards
Cohesive Design
Much of the success of the Carpers Valley project depends on the intimate
relationship between structure, parking, street and open spaces. The following
topics will be coordinated with respect to the cohesive design of Carpers Valley.
Structure
Location on lot
Relationship of primary facade to the prevailing street
Setbacks- Allow intimate pedestrian scale to be developed between
building and street
Materials
Height transitions
Parking
On- Street importance
Traffic calming effect
Proper screening of vehicles if visible from street or pedestrian area
Street Network
Pedestrian scale
Vehicular efficiency
Traffic Calming
Streetscape uniformity
Landscape uniformity
Linkages
Mixtures of Uses
Mixed uses within landbays allows:
Greater flexibility within each landbay
Greater use possibilities
Core of interest and activity to extend hours of use
Carpers Valley Frederick County, VA
Lot Sizes
Multiple sizes encourage creative design
Setback reductions to enhance the use of land
Allowance for a variation of building setbacks to create a
dynamic landscape and streetscape.
Design Development Standards 4
Single Family Attached Alley Served or without Garage
Dwelling Units Per Acre TBD
Total Number of Units:
Parking:
Building Height:
Building Use:
Building Placement:
Lot Width:
Lot Size:
Front Setback:
Side Setback:
Rear Setback:
TBD
2 Spaces Per Unit
garage, parallel, or off street
35' maximum
Single Family Attached Units
Lot Dimensions Vary
16' Minimum
No Minimum- as long as setbacks are met
(allows narrower product mix)
No less than 10'
No less than 10' on ends
No less than 5' to garage in rear load condition
20' without garage
,n
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learnaaeSmn a
Puhlic nr Private Smeen uth on Street Park
Single Fancily Attached
Rear Load Garage
16' A✓inimum Pavement
5' Minimum Rear Building Setback
to Easement 20' without Garage
Building Depth Varies
10' Mini/ am From Baihdhtg Setbac
4 hfirmrimn Sidmralk
6':100101J n Planing with Trees (3' with, 0
Carpers Valley Frederick County, VA
Design Development Standards 5
Single Family Attached Front Load Garage
Dwelling Units Per Acre TBD
Total Gross Land Area:
Total Number of Units:
Parking:
Building Height:
Building Use:
Building Placement:
Lot Width:
Lot Size:
Front Setback:
Side Setback:
Rear Setback:
TBD
TBD
2 Spaces Per Unit
garage, parallel on- street, or off street
35' max
Single Family Attached Residential Units
Lot Dimensions Vary
20'
No Minimum- as long as setbacks are met
(allows narrower product mix)
No less than 10'
No less than 10' on ends
No less than 20'
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Front Load Garage
Carpers Valley Frederick County, VA
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Building Depth Varies
10' Atin S4@ Setback on ends
20' Min. Rear Building Setback
Secondary Street
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Design Development Standards 6
Single Family Attached Stacked Flat Garage Units
16 Dwelling Units Per Acre
Total Gross Land Area:
Total Number of Units:
Parking:
Building Height:
Building Use:
Building Placement:
Lot Width:
Lot Size:
Front Setback:
Building Separation:
Rear Setback:
Public Private Street It e h on Street Parking
Single Family lttlatched Stacked Flats
Rear Loral Garage
TBD
TBD
2 Spaces Per Unit
garage, parallel, or off street
55' maximum
Single Family Attached Residential Units
Lot Dimensions ti iry
No Minimum to he governed by setbacks and
product dimensions
No Minimum- as io ng as setbacks are met
No less than 20'
Building Separation more than 20'
20' Rear setback
0
11' Minimum Pavement
10' Minimum Rear Building Setback to Easem
18' Mk to count parking space inJinnt ofgarage
Building Depth Varies
20' Min. Building Separation
20' Alien. From Building Setback
4 Atimmum Sidewalk
6'Mininu Planting with Trees (3' uvrhouq
Carpers Valley Frederick County, VA
Design Si Development Standards 7
Multi- Family
24 Dwelling Units
Total Gross Land Area:
Total Number of Units:
Max of Units per Bldg.:
Parking:
Building Height:
Building Use:
Building Placement:
Front Setback:
Building Separation:
Rear Setback:
TBD
TBD
24
2 Spaces Per Unit
Surface Lot or Off Street
55' maximum
Multi- Family Units (lease or condo)
Lot Dimensions Vary
No less than 20'
Building Separation no less than 20'
No minimum
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Design Development Standards 8
Suggested Building Characteristics
The over arching goal of building design within Carpers Valley is the creation of
a unique sense of place and enduring character. As such, development within
Carpers Valley shall be unified through the use of complementary building
facades and materials as well as careful attention to the scale and placement of
buildings. To achieve the desired design outcome, all new development shall be
reviewed and approved by an architectural review committee (ARC) managed
initially by the developer and subsequently by the master HOA. The ARC shall
ensure that the following guidelines are met:
Residential Standards
Individual neighborhoods within Carpers Valley shall be comprised of
similar style homes. This provides a sense of identity to the individual
neighborhoods.
Similar construction materials shall be used for each individual housing
edition, chosen by the builder.
Single Family Attached buildings shall not exceed a height of 35', except
for stacked flat building, which shall not exceed a height of 55'.
Multi- Family buildings shall not contain more than 24 units per building
and shall not exceed a height of 55'.
Employment Center /Government Parcel Standards
Buildings shall not exceed 55' in height.
Carpers Valley Frederick County, VA
Commercial/Retail Standards
Buildings shall be constructed of similar materials and conform to a
specified style. Form and style should be cohesive with the remainder of
the development.
Buildings shall not exceed 60' in height
Design Development Standards 9
Street Design Standards
A Principal goal of the street standards for Carpers Valley is to shift the emphasis
from merely accommodating vehicular traffic to encouraging pedestrian and
bicycle movement, thus assuring a true multi -modal transportation network. The
street framework shall support a wide range of land uses, and create a public
infrastructure that encourages pedestrian movement, street life, and a sense of
community and place.
General Standards
All public streets will be designed in accordance to VDOT Standards.
Private streets shall be developed to VDOT structural and geometric
standards, except for alleys and travelways serving parking courts.
On- street parking is encouraged in all areas. Such parking further adds to
the amount of shared parking available for lot owners thereby reducing the
number of spaces required on individual lots. On street parking provides
the added value of creating a buffer for pedestrians using adjoining
sidewalk or trail facilities.
Parallel Parking requires 7' min. designated lane on side(s) of road
where parking will take place.
Sidewalks shall be a min. of 4' wide.
Planting strips between the sidewalk and streets shall be a minimum
width of 6' if they are to accommodate plantings.
Bike lanes shall be a min. of 6' wide.
Alleys require a min. or 20' ROW and minimum pavement width of 16'.
The street width will vary to accommodate parallel parking
Curbs along parking shall be
straight; curbs along medians
shall be rolled.
Curb Extensions shall be
required at the end of blocks
where parallel parking is
present. Curb extensions will
decrease distance between
blocks for pedestrians at
crosswalks. Such extensions
will further separate parking
lanes from driving lanes, thus
providing an effective traffic calming measure.
Demarcation of crosswalks through paint striping, textured pavement or
alternative materials shall be provided at street intersections.
Design speed for secondary streets shall be kept at 20 to 30 mph
Design speeds of 20 mph shall require a curb radius of 15' for
intersections with secondary and private streets.
Curb cuts shall be reduced as much as possible on collectors and primary
streets to improve traffic safety.
Carpers Valley Frederick County, VA
Design Development Standards 10
Typical Street Sections for Carpers Valley
52' PRIMARY INTERIOR
PUBLIC STREET- ADTS TO 400 VPD
60' PRIMARY INTERIOR
PUBLIC STREET- ADTS FROM 401 -1500
INCULDES 0N- STREET PARKING
Carpers Valley Frederick County, VA
Design Development Standards 11
COVERSTONE DRIVE
80' ROAD W/ CURB AND GUTTER
INCLUDES LEFT TURN LANE
TRAIL MIN.
COVERSTONE DRIVE
80' ROAD WI CURB AND GUTTER
5'
10' I 6' WIDTH VARIES
TRAIL MIN, j'
5'
15 4 —4
MEDIAN
LEFT TURN LANE 15
ROW For
Major Collecter
60' ROW
WIDTH VARIES
VAR ir 3'
7 77
II 6
MIN.
80' ROAD WI CURB AND GUTTER
v:cLUes LEs Ta eL&',E
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ALLEY TYP.
Carpers Valley Frederick County, VA
20 EASEMENT 16' PAVEMENT
16' 621i
Ingress /Egress
20' Easement
Design Development Standards 12
Streetscape Design Standards
The unique sense of place intended for Carpers Valley will be derived largely
from its streetscape, which will be defined by the intimate relationship between
structure and street. The streetscape within Carpers Valley will be designed
pursuant to the following:
Residential Standards
Streets trees shall be placed at approximately 60' on center.
Large Canopy trees shall be used as street trees. This will provide protection
for pedestrians from motorists. Street trees visually unify a neighborhood.
They shall also serve as a traffic calming devices and add character to the
neighborhood.
On- street parking is encouraged. This too can add character to the
streetscape.
Primary and secondary residential streets shall place primary structure lots
in regards to the "man to enhance," the relationships of the pedestrian and
motorist.
Materials to be used shall be diverse yet complementary to create a sense of
place.
Carpers Valley Frederick County, VA
Streetscapes shall maintain a pedestrian scale, which shall be formed by
reduced front yards and inviting architectural treatments. Streets shall enhance
vehicular efficiency while maintaining natural topography (when
appropriate) and serving as a network for pedestrians and bicyclists.
Commercial Retail Standards
Street trees shall be used to create a visual connection between the structure
and the street, thus integrating commercial uses with the surrounding
neighborhood.
Street trees shall be placed approximately 50' on center.
Street furniture shall coordinate with the character of the surrounding
buildings to enhance the character of the streetscape.
Employment Center Government Parcel Standards
Streets and medians shall be lined with trees and shrubs to break the
monotony of the parking lot and even out the elevation changes between the
parking lot and building.
Large canopy trees shall be installed around perimeter of the parcel.
Design Development Standards 13
Landscape, Screening, and Open Space Standards
The open space and screening standards for Carper Valley are intended to set a
landscape standard with a broad range of street plantings, formal greens, parking
lot plantings, buffer treatments and natural parks.
General Landscape Design Standards
Vegetation/Materials
Provide woody plants that are respectful of the surrounding scale of both
buildings and streets.
Native plant species should comprise a significant portion of all new
landscape improvements.
Lawns and turf zones within the street right -of -ways and other development
areas may be seeded or planted with sod. However, a standard turf shall be
established throughout the entire project and must meet quality certification
requirements of the Virginia Association of Turf Growers.
Portions of existing vegetation, where appropriate, will be preserved and
incorporated into the development.
Color and Specimen Material should be used generously at key points in the
landscape to aid visibility (i.e. entry signs, directional signs, plazas, etc.).
Plant material massing and grouping can be used to achieve this goal.
Canopy trees shall be used in open spaces and pocket parks to naturalize and
shade the area.
Ornamental trees should be used as accents to provide visual emphasis.
All evergreen shrubs (in public areas) must be winter -hardy with a min. size
of 18" spread.
Selected vegetation should be compatible with or selected from native
varieties. Tree and shrub materials planted as one landscape should be similar
in size and shape of surrounding specimens.
Evergreen trees shall be strategically used to provide winter interest, screen
objectionable views and parking, and serve as a backdrop for other plant
materials.
Carpers Valley Frederick County, VA
Design Development Standards 14
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Carpers Valley Frederick County, VA
Openspace
Pocket parks should be designed as secondary focal points to Open Greens
located throughout.
Pedestrian and Vehicular Routes
Landscaped streets and trails shall be provided as a linking entity
throughout the community. Trails shall connect neighborhoods to the
commercial, retail areas and to government/businesses. These connections
will become a critical part of the pedestrian movement in the community.
Street trees and canopy trees shall be used as a traffic calming device,
control views and enhance the visual appearance of the street.
Trees and shrubs which produce fruits and/or nuts shall not be permitted
along sidewalks.
Use quality materials that will stand up to daily use and abuse and that will
age gracefully.
Provide materials that may be easily maintained over time.
All planting beds should be separated from lawn areas with concrete walks,
steel edging or curbing.
Design
All landscape designs shall be coherent throughout Carpers Valley. This
creates a sense of community and durability can be greatly achieved through
simple design.
Plantings shall be grouped, when appropriate, versus scattered and shall
incorporate minimal species mix over numerous species.
Topography will be preserved or used, when appropriate, to provide relief to
the continuum of development. The combination of topography and
vegetation will provide natural areas of interest throughout the project.
Parking Lot Lighting shall provide adequate illumination for security. The
pole fixture shall be coordinated with the design and color chosen for
pedestrian fixtures (street furniture and signage).
o Residential fixture height shall not exceed 14'
o Commercial fixture height shall not exceed 24'
Design Development Standards 15
Commercial/Retail Standards
For security and surveillance purposes plant material shall not exceed 36"
and tree limbs shall be maintained so that the canopy and limbs start at 12'
above ground level.
Lights in parking Tots shall be downcast to minimize glare and the fixtures
shall be properly designed to promote cohesive project design.
Shrub height should not exceed an un- manicured 30' high in focal point
areas. All evergreen shrubs must be winter -hardy with a min. size of 18"
spread.
Street trees and canopy trees shall be used to control views and enhance the
visual appearance of the street. They shall also be used in parking islands to
break the monotony of the parking lot and provide shade for parked cars.
Employment Center /Government Parcel Standards
Plaza space should be used as a focal point of the site design
Shrub height should not exceed an un- manicured 4' high in high focal point
areas..
All evergreen shrubs must be winter -hardy with a min. size of 18" spread.
For security and surveillance purposes plant material shall not exceed 36"
and tree limbs shall be maintained so that the canopy and limbs start at 12'
above ground level.
Street trees and canopy trees shall be used to control views and enhance the
visual appearance of the street. They shall also be used in parking islands to
break of the monotony of the parking lot and provide shade for parked cars.
Landscape Practices
A standard planting practice shall be used. All plants shall conform to the
American Standard for Nursery Stock as published by the American Association
of Nurserymen. All plants shall be approved by a Landscape Architect as `hardy'
for Fredrick County and most should be grown locally in a nursery. Also, the
vegetation must be approved, before installation, as healthy, well- developed, and
disease -free.
All property owners shall maintain lawns and plants to be orderly, neat, attractive,
weed and disease -free, and healthy. Watering, mowing, fertilizing, and pruning
will be necessary to produce this type of appearance.
Carpers Valley Frederick County, VA
Resign Development Standards 16
Modifications
Per Section 165 -72.0. of the Frederick County Zoning Ordinance, an
applicant for R4 zoning may request modifications to provisions of the
Code of Frederick County governing physical development. Such
modifications may be sought to enable implementation of a design and/or
land use concept beneficial to the community that would not otherwise be
permitted by existing ordinances. The following modifications are
requested with this rezoning application:
1. Modification of Section 165 -68 of the Frederick County Zoning
Ordinance governing the procedure for R4 rezoning petitions.
Current Standard:
Proposed Standard:
A master development plan (MDP), meeting
all requirements of Article XVIII of the
Zoning Ordinance, shall be submitted with
an application for R4 zoning. The master
development plan review procedures
described by Article XVII must also be
completed concurrently with or following
the consideration of the rezoning.
A generalized development plan (GDP)
identifying major land bays and the
proffered transportation network shall be
submitted with the rezoning application in
lieu of a master development plan (MDP).
A complete MDP application will be
submitted to Frederick County for review
following rezoning approval, pursuant to the
criteria of Article XVIII of the Zoning
Ordinance.
Carpers Valley Frederick County, VA
Justification: The R4 District requirements stipulate that a complete
Master Development Plan (MDP) shall be submitted with an
application for R4 zoning. The MDP is a plan document that is used
to evaluate conformance with ordinance and other technical
requirements applicable to land development, and has historically
served as a bridge between the conceptual nature of a rezoning
application and the more precise documents required for subdivision
and site plan approvals. As such, it serves a valuable role in applying
engineering detail to the generalized land use and infrastructure
framework established through the proffer statement of an approved
rezoning. This two part process ensures that the rezoning evaluation is
focused on policy conformance and impact mitigation, and not
overwhelmed by the technical minutiae associated with the MDP.
The proffering of a detailed MDP "locks" an applicant into a
development plan that cannot be changed without filing a subsequent
rezoning petition for amendment of the approved proffers, regardless
of the purpose or scope of the necessary change. Alterations to the
routes of internal streets, stormwater management facilities, and layout
of uses within land bays would require approval of the Board of
Supervisors through the rezoning process, whereas a project subject to
a typical "non- proffered" MDP may often complete such
modifications through an administrative process. Such changes are
almost certain to be necessary for a given project to respond to
evolving regulatory and market conditions over the course of the
development cycle.
The plan proposed with this application represents a dynamic concept
that will require flexibility in all phases of the development process to
successfully implement. The Applicants are committed to developing
a project that is both innovative and viable, and thus recognize that the
design process cannot end at the time of rezoning, but must continue
as an ongoing exercise open to emergent information and ideas. A
Design Development Standards 17
proffered generalized development plan (GDP) will provide
appropriate assurances to the community regarding the fundamental
physical components of the proposed development while ensuring
sufficient flexibility for the Applicants to achieve superior project
design.
The requested modification would allow submission of a proffered
Generalized Development Plan (GDP) at the time of rezoning in lieu
of the complete MDP. The GDP will identify the relationship of the
project site and the proposed development to the surrounding
transportation network and adjoining land uses. Moreover, the GDP
will provide a general layout for the proposed development, organizing
the entire acreage into land bays identified for either residential or
employment/commercial land uses, as well as the proffered
transportation network. The GDP will further delineate the
approximate size of each land bay as well as the planned housing types
for residential land bays. The Applicants will submit an MDP
application for review subsequent to rezoning approval, at which time
greater detail concerning land bay development will be provided.
2. Modification to Section 165 -71 of the Frederick County Zoning
Ordinance governing the mixture of housing types required within a
planned community.
Current Standard:
No more than 40% of residentially
designated areas of a planned community
may develop with any of the following_
housing types: duplexes, multiplexes, atrium
houses, weak -link townhouses, townhouses
or garden apartments or any combination of
those housing types.
Carpers Valley Frederick County, VA
Proposed Standard: The residentially designated areas of a
mixed use employment center may develop
with any combination of housing types
permitted by the Frederick County Zoning
Ordinance and the approved proffer
statement without limitation to the
percentage or ratio of any given housing
type.
Justification: The proposed rezoning is sought to enable development
of a mixed use employment center, which is a type of planned
community development that is not expressly accommodated by the
Zoning Ordinance. The R4 district, however, is the only Frederick
County zoning category that is suitable for the development of a mix
of land uses pursuant to a single zoning category, where innovative
design concepts and standards may be created and applied. However,
the R4 district is oriented toward a predominantly residential
development program (as implied by its formal title Residential
Planned Community) and its requirements for a mixture of housing
types as stated above befits a project intended to develop with
residential uses over a majority of its land area.
In contrast, the land use program for a mixed use employment center
emphasizes reservation of greater amounts of land for commercial and
business uses, which results in less area available to locate the
residential density necessary to achieve a balanced mix of land uses
within the project. The ordinance requirement promotes a residential
mix dominated by single family detached housing types. Such
housing types are less conducive to the limited residential areas of a
mixed use employment center given the greater land area required for
individual lots.
Design Development Standards 18
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The development of single family attached and multi- family dwellings
as the predominant housing types in Carpers Valley is necessary to
complement and catalyze the business and commercial uses on the
site. Moreover, the availability of such housing in a planned
community setting within walking distance of employment, shopping,
and commercial uses will provide a positive although presently non-
existent choice for current and future County residents.
3. Modification of Section
Ordinance governing the
industrial uses.
Current Standard:
Proposed Standard:
165 -72.D. of the Frederick County Zoning
maximum areas permitted for commercial or
No more than 50% of the gross area of the
planned community shall be used for
commercial and industrial purposes.
No more than 60% of the gross area of the
planned community shall be used for
business and commercial purposes.
Justification: The proposed rezoning is sought to enable development
of a mixed use employment center, which is a type of planned
community not currently accommodated by the Frederick County
Zoning Ordinance. The R4 district is the only zoning category that is
available to develop a mix of land uses pursuant to a single zoning
category wherein innovative design standards may be applied.
However, the R4 district is intended to facilitate development of a
principally residential project complemented by relatively small areas
of commercial and/or industrial uses. In contrast, the land uses
intended to predominate within a mixed use employment center are
business and commercial uses, with residentially designated areas
comprising a lesser amount of the total land area.
Carpers Valley Frederick County, VA
The mixed use employment center concept advanced through this
rezoning application requires the amount of land designated for
commercial and business uses to exceed the 50% limit of the R4
district. The essential components of the proposed mixed use
development program are the employment and commercial uses
planned for the site, which may require significant acreage depending
upon the ultimate users. However, to ensure a mix of mutually
supportive land uses, a minimum amount of land needs to be reserved
for residential uses. The modified standard proposed with this
application will facilitate development of a mix of land uses in a
planned community setting consistent with the intent of the R4
district, but with the notable distinction of elevating business and
commercial land uses to the forefront of the planned development
program.
Design Development Standards 19