Loading...
HomeMy WebLinkAbout11-05 Comments (2)Noe February 6, 2006 John Conrad, Vice President Miller Smith 8401 Greensboro Drive, Suite 300 McLean, VA 22102 Re: National Guard Armory Property Dedication 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. Sincely, John R. Riley, Jr. County Administrator JRR /jet 107 North Kent Street Winchester, Virginia 22601 -5000 1.41,G( -/ZZ_ \I 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 Dear Mr. Conrad: incerel 1 John R. Riley, Jr. County Administrator JRR /jet 0 Re: Frederick County Public Safety Building Property Reservation 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. 107 North Kent Street Winchester. Virginia 22601 -5000 CQ.✓it.r$ I/aV(p �Z COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665 -5666 Fax 540/667 -0370 E -mail: j ri ley co. frederick.va.0 s RE: Careers r Subject: RE: Carpers Date: Wed, 6 Jul 2005 10:15:23 -0400 From: "Patrick R. Sowers" <Patrick.Sowers @phra.com> Organization: PHR +A To: "'Eric Lawrence <elawrenc @co.frederick.va.us> CC: <jconrad @millerandsmith.com <chuck.maddox @phra.com> Erie, Provided is a response to your concerns with the July 5th Proffer Statement (v.7). Item #1. The definition of "market rate" units shall be updated to reflect that market rate applies to units that are sold or leased. Item #2. "Land Bay 3" has been removed from the proffer statement while the wording "in the location generally depicted on the GDP" has been kept intact. Additionally, we have clarified that Coverstone will be built from Route 50 to the entrance of the Armory site. item #3. 5.3 has been updated to indicate that the proposed community center /swimming pools /park space package will serve as the required recreational units and will be, at minimum, equivalent to $25,000 per required rec unit. In addition, required recreational units for each phase will be bonded as the residential phases progress. Item #4. In recognition that the County will use its own best judgment in the application of eminent domain, the applicant feels that the use of this power should remain listed as an option should other means of acquiring right -of -way not be feasible. Item #5. Please reference proffer 16.11 which states that "all public streets and roads shall be constructed by the Applicant in accordance with the recommendations of the approved TIA for the Property." I will bring you a copy of the revised proffers at lunch time. Let me know if you have any questions. Thanks. Patrick Original Message From: Eric Lawrence mailto :elawrenc @co.frederick.va.us] Sent: Tuesday, July 05, 2005 10:55 AM To: Chuck Maddox; Patrick R. Sowers Subject: Carpers Good morning Chuck and Patrick. Chuck, thanks for the revised proffers, July 5th version. I've review this July 5th version, things appear to be coming together... I've identified a few issues that should be clarified to avoid questions down the road Item #1. Section 1.4.1 clarifies that no more than 750 saleable market rate residential units will be built; Good. And Section 3 clarifies that no more than 35 workforce residential units will be built good. ...therefore, we could expect no more than 785 saleable residential units in the project BUT, Section 1.5 opens the door for rental apartments, but no limit in rental apartments has been established Please clarify or consider establishing a limit in rental units. Item #2. Reservation of property. Section 4.2 references an area in 1 of 2 7/6/2005 4:09 PM RE: Carpers Land Bay 3. 'r B3 doesn't exist on any of the illustrative that have been provided to the County with this application. Also, the proffer states that a minimum of a two lane Coverstone Drive will be built to the entrance of the Armory site. From where is the road being built? from Route 50 or Prince Frederick Drive? Item #3 Community Center. The R -4 District requires that you provide for 26 recreation units (785 dwellings 30 dwellings per unit) which equates to a $650,000 recreational amenity package. Are you intending to proffer the community center package as an additional amenity? As proffered, I would expect that the required recreational units would be in addition to these proffered community facilities. Also, staff will expect the community facilities to be bonded with the first subdivision phase, and constructed by the end of calendar year 4. Please clarify in the proffer as appropriate. Item #4 Eminent domain. Failure of the applicant to secure all rights -of -way to implement the TIA identified improvements will significantly impact the LOS. The County has not utilized eminent domain powers and would discourage a proffer suggesting such. Item #5 Future TIAs and associated improvements. Section 16.13 addresses the need for future TIAs, but does not clearly state that the applicant would construct the necessary improvements identified by the TIA. Please clarify. Also, as we've discussed, all color illustrative that we've received state MDP, not GDP. Therefore, we have a descrepency between proffered language and provided illustrative. This discrepancy should be corrected prior to B0S agenda. -Eric Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc @co.frederick.va.us www.co.frederick.va.us 2 of? 7/6/2005 4:09 PM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 24, 2005 Please send a check in the amount of $50.00 to: RSA/pd )o.S FILE COPY MEMORANDUM COUNTY of FREDERICK Miller Smith 8401 Greensboro Dr. Suite 300 McLean, VA 22102 Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 The amount of $50.00 was deposited in line item 143- 010 013030 -0007 for the company named below had a deposit for one sign for Rezoning #11 -05 for Carpers Valley. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 AYMEnit DA 1211118' EOE1VED FROM n ,)1 3Llep e 2 A OECEIVED FROM EDO:F:1E1g. AACCOUNT Wii9161 No 12740.$ s dativ-E4vH-- -1,7 61„ PO \•36), C3; \io 7 kt ea 5 (1 r DOLLAR J OENT FOR:A!: A.. 9 ■,c A 1 •e--.757.0.66',4'k.oc\ Q CASH °CHECK n MONEY ORDER tc:0 1f4 L?;iii5ti E'' 5() DAtt3 41 e 4 =te e g'r f-- -re.12-1.• tc A e I -1Wi 1111: RECElyEB.FROM 7) 0 No. DOLLARS O CASH 0 CHECK O MONEY ORDER TO BY 1182 DOLLARS l ASH ORDER 'ONEY HECK BY FROM P 1 1.:14 LI 3-A FROM BY P 3—Q-C:Tif; TO LESS CASH: CHECKS: 4 S l 'act. °t CURRENCY: 5. c� TOTAL: S. U AD eeter \COMMONIDEPOSTTRIDEPOSTT REPORT FINANCE.XLS 0 0 PREVIOUS ENDING: l RECEIPT(S): a Lt@ 8 r 1 a1 cL 6 7 122712004 r e s• ism fJ\6 Ticket #:00013810001 riO'o COUNTY Date R E C E I P T Date 6/28/2005 Register: CJO /CJ cs°oc WIBOIAM 5RNDOFF, JR Trans. 09 Nl. :P .O. BOX 225 Dept ZASP WINCHESTER VA 22604 -0225 Acct# ZONING APPLICATIONS Previous Balance 31200.00 Principal Being Paid 31200.00 Penalty .00 Interest .00 Amount Paid 31200.00 *Balance Due .00 Cash 25.00 Pd by PLANNING Check 31200.00 CKS BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 6/2005 06/23/2005 THU 19:48 FAX 7038216816 MILLER AND SMITH INC. 2002/003 8401 Greensboro Drive Suite 300 McLean. Virginia 22102 703 821 -2500 Fox: 703-821-2040 www.m111emrtdsmtthmrn June 23, 2005 Ms. Serena Manual Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 RE: Carpers Valley Dear Renny, MII. R SMITH Thank you for arranging the meeting yesterday with Mr. Wilmot and Mr Fisher. I believe that there are opportunities for both our entities to succeed in the development of Carpers Valley. The following are commitments that we are willing to proffer, assuming that the Airport Authority will support our request for the rezoning in its current format. 1. The Airport Authority has isolated approximately 20 acres of land that is needed from Carpers Valley, for development projects. Our firm will accommodate your need in a number of ways: a. Trade Airport land that is outside of the development zone for CV land inside the zone on an acre per acre formula. b. Trade CV land for the land needed for the extension of Coverstone Drive across the Airport land which will eventually be the future Public Safety Building site, and a portion of Prince Frederick Drive, The Airport shall dedicate the area of land necessary for this road to the County of Frederick. c. The land needed for the Airport aviation easement at the southwest comer of our property will be set aside as an easement at no cost to the Airport. The Airport may install their fence on the easement line; CV will use the density assigned to the easement area, and will begin any setback requirements at the actual property line. •4 06/23/2005 THU 14:48 FAX 7038216816 MILLER AND SMITH INC. 2003/003 d. CV shall reserve the balance of the area that the Airport Authority has designated for acquisition until June 30, 2013 for purchase by the Airport. e. If the Charter of the Airport Authority will allow, CV wishes to pursue a Joint Venture with the Airport to develop the Airport property, and perhaps additional CV property for aviation related purposes. A venture would he established which would create a Development Partnership LLC between the two entities which could accelerate the timeline for the hanger construction, and could expand the developable property for the Airport. If the text of this letter is acceptable to your Board, we will begin to survey the areas that will be the subject of the trades, and will complete an option agreement for the residual land. Please let me know the decision of the Board. Sincerely, John Conrad Vice President Cc: John R. Riley Chuck Maddox Freaericki€ountyxpe artment;o;Plnnnin "Develo`sinen Bob Mitchell TO: FROM: Eric Lawrence, AICP Planning Director RE: DATE: July 1, 2005 Rezoning Application Proffer Statement Thank you for your continued assistance. Cc: John Riley, Jr., County Administrator 1 Carper Valley rezoning Please find attached to this memorandum the proffer statement from the Carper Valley rezoning application that has been submitted to the Department of Planning and Development. Generally Mike Ruddy forwards such requests for your review, but he is on vacation so I am forwarding this proffer in his absence. Please disregard had Mike already forwarded you the proffer for review. This rezoning has been placed on the Planning Commission's July 20, 2005 agenda. Please forward to staff your legal concerns regarding this proffer statement. Attachment: Carper Valley rezoning proffer statement, dated June 24, 2005, revised July 30, 2005 REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATA: 1. LAND USE {00001706.DOC 5 PROFFERS.doc 000145 000020) PROFFER STATEMENT RZ.ir' 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 Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC Carpers Valley June 24, 2005 /grvicEA j.y,st 3 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 "Master Development Plan" shall refer to the plan entitled "Master Development Plan, Carpers Valley" prepared by Patton Harris Rust Associates, (the "MDP dated June 24, 2005. 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial /employment Land Bays in conformance with the MDP, 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 MDP 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 market rate dwelling units, with a mix of housing types permitted in the R4 district, and dwelling units shall be constructed in the locations generally depicted on the MDP and as further set forth herein. Multi family units, as defined by the Design and Development Standards, shall not exceed 50% of the total number of market rate dwelling units developed in the project. For purposes of this proffer, market rate housing shall be dwelling units sold at the then prevailing usual and customary prices for housing of a similar type and construction in the general Frederick County real estate market. 1.5 Rental apartments and condominium units over retail and office uses shall be permitted. 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 {00001706.DOC 5 PROFFERS.doc 000145 000020 }2 zoning district, the MDP 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 market rate units set forth in Proffer 1.4.1. 3.3 Workforce housing unit prices shall be established and adjusted by the Applicant 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 and market 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? 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. (00001706.DOC 5 PROFFERS.doc 000145 000020 }3 3.4 The opportunity to purchase these units during an initial six -month marketing period following the issuance of building permits for each such unit shall be 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. In 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 at market rate as other units. 3.5 The Applicant shall include reasonable provisions in the conveyances of workforce housing units, including restrictive covenants in the deed of conveyance that shall be enforceable by the homeowners' association to which such units shall belong, or to any Frederick County governmental office or agency with responsibility for workforce housing that may hereafter be created, that assure their retention as workforce housing for a period not less than 30 years. 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, and shall reserve for potential acquisition by the Airport that portion of any Land Bay designated as reserved for the Winchester Regional Airport for a period of eight years following Final Rezoning. 4.2 In addition to the foregoing, upon written request therefor the Applicant shall dedicate approximately ten acres in Land Bay 3 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 MDP. In the event that no such request is made within 24 months following Final Rezoning, such property may be employed for commercial and employment uses as otherwise provided in these Proffers and depicted on the MDP. 5. PHASING OF THE DEVELOPMENT 5.1 The residential portions of the Property shall be developed as follows: 400001706.DOC 5 PROFFERS.doc 000145 00002014 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. 5.3 Community- serving improvements including a 4,000 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 improvements shall be completed not later than the end of the fourth year following Final Rezoning. 6. ARCHITECTURE, STGNAGE, 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 (00001706DOC/ 5 PROFFERS.doc 000145 000020 )5 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 MDP. To the extent that such trails are not depicted on the MDP 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 all 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. 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 owned or leased by the United States or the Virginia National Guard), 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. 9. SCHOOLS: 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: Ordinance for signage, which shall be submitted in conjunction with the first final site or subdivision plan for the Property. (00001706.DOC 5 PROFFERSdoc 000145 000020 }6 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 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- (00001706.DOC /5 PROFFERS.doc 000145 000020)7 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. 14. WATER SEWER: 14.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and 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. 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 purpose 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. The Applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement. The Applicant {00001706. DOC 5 PROFFERS.doc 000145 000020 16. TRANSPORTATION: shall provide noise attenuation treatment for residential units within the 65 Ldn zone. 16.1 The major roadways to be constructed on the Property shall be constructed in the locations depicted on the MDP, with reasonable adjustments permitted for final engineering. 16.1.1. The Applicant shall design Coverstone Drive as a full section with raised medians on an 80' right -of -way as determined by 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 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 MDP. 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 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 MDP. 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. {00001706.DOC/ 5 PROFFERS.doc 000145 000020 }9 16.1.1.1.3. As 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. The Applicants shall place the amount of $1,000 per market rate dwelling unit in an escrow account for future construction of Coverstone Drive Extended (not to include any of the 35 workforce housing units otherwise provided for herein) and /or other projects in the vicinity that are related to the development of the road network serving the Property. Such funds shall be escrowed at the time of building permit issuance for each market rate unit, and shall be released to the County within 90 days of a written request by the County. 16.1.2. The Applicants shall provide the 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 MDP. 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 Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive. Coverstone shall be completed in accordance with the foregoing road phasing schedule. 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 {00001706.DOC 5 PROPPERS.doc 000145 000020} 10 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 place the amount of $75,000 in an escrow account for signalization of the intersection of Millwood Pike (US Route 50) and Victory Road (Route 728). Such funds shall be escrowed within six (6) months of the issuance of the first residential building permit in Land Bay 1, and shall be released to the County within 90 days of a written request by the County. 16.7 The Applicants shall place the amount of $150,000 in an escrow account for signalization of the intersection of Costello Drive and Prince Frederick Drive. Such funds shall be escrowed within six (6) months of the issuance of the first commercial building permit in Land Bay 2, and shall be released to the County within 90 days of a written request by the County. 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, at such time as 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 obtained by governmental authorities either by donation, purchase, or through 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 (00001706DOC 5 PROFFERS.doc 000145 000020) 1 1 18. ESCALATOR CLAUSE 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. 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 III investigations thereof as may be demonstrated to be necessary by the Phase I study. 18.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors "Board within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "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 PAGE {00001706.DOC/5 PROFFERS.doc 000145 000020 12 By: Its: 1:\ IWILLER AND SMITH FREDERICK \PROFFERS \PROFFERS 062405.doc Miller and Smith Coverstone, LLC {00001706.DOC /5 PROFFERS.doc 000145 000020 }27 f TO: John R. Riley, Jr., County Administrator FROM: Eric R. Lawrence, AICP, Planning Director4/ SUBJECT: Comprehensive Policy Plan Land Use Designation Carpers Valley Golf Course Area Properties (REZ #1 1 -05) DATE: July 12, 2005 se Ft LE COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 MEMORANDUM FAX: 540/665-6395 Per your request, I have summarized the 2003 Comprehensive Policy Plan land use policies applicable to the Carpers Valley Golf Course properties (a.k.a. Carpers Valley Rezoning #11 -05). Below is a snippet from the rezoning staff report as well as further interpretations. The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. [Comprehensive Policy Plan, p. I -1] The subject parcels are located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein new residential land use is discouraged due to the prevalence of aircraft noise and the consequent potential for use incompatibilities. The development of business and industrial land uses is promoted within the Airport Support Area to minimize such use conflicts and ensure the feasibility of future airport expansion and take advantage of the economic development potential associated with the Regional Airport. However, in cases where residential development is permitted within the Airport Support Area, aviation easements and other protective measures should be considered to safeguard airport operations. (Comprehensive Policy Plan, p. 6 -61, 6 -63) The planned road network included in the Route 50 East Corridor Land Use Plan identifies a collector road system which provides for an east west linkage. This planned east -west collector road should also provide for linkages to the north coinciding with Inverlee Way (a planned north- 107 North Kent Street Winchester, Virginia 22601 5000 Page 2 John R. Riley, Jr., County Administrator Re: Carpers Valley Golf Course Area Properties July 12, 2005 south major collector road). These planned road network linkages would both relieve some pressure from the existing 522/50/81 interchange area, as well as to act as a connector between the various parcels that would otherwise have utilized Route 50 as their sole means of ingress and egress. (Comprehensive Policy Plan, p. 6 -19, 6 -21) The Land Use Plan and policies applicable to the subject properties clearly support business and office uses (Comprehensive Policy Plan, p. 6 -21 map). Rezoning #11 -05 seeks "employment uses" via the R -4 Zoning District designation. The R -4 District enables all uses associated with the B1, B2, B3, and M1 Zoning Districts. While MI uses may not be consistent with the policies designated in the land use plan, the Bi, B2 and B3 Zoning Districts would be consistent with the planned land use designations of Business and Office uses. In terms of the residential aspect of this rezoning petition, the applicant has suggested that moderate to high density residential uses are appropriate, acting as transitional residential uses between the employment uses and the existing single family uses to the north (Carpers Valley Rezoning Impact Analysis, June 2005, p. 1, 2). The proposed R -4 Zoning seeks to enable a viable mixed use project, utilizing an appropriate level of design, balance of uses, and proffers attempting to minimize adverse impacts. The Land Use Plan (Comprehensive Policy Plan, p. 6 -21 map) designates Transitional uses along Route 50. While the term "Transitional" is not specifically defined by the Plan, it is appropriate to suggest that Transitional uses would consist of uses which act to buffer the single- family uses from the business/office uses planned for the subject properties. Transitional residential uses might include moderate density housing (townhouses and apartments), which would lessen conflicts and impacts associated with locating detached single- family uses adjacent to non residential uses. If such transitional residential uses are to be considered, all efforts must be made to distance the residential uses from the airport property. While it may be feasible to implement the transitional residential uses, it is probably not appropriate to implement transitional residential uses which far exceed any residential density the County has generally experienced. Most single family developments are achieved at a density of 2.3 units per acre. The subject proposal would enable 785 residential dwellings to be constructed on 115 acres, which results in a net density of 6.8 units per acre. While enabled by ordinance and policies, the County certainly does not generally experience densities of this scale. C1 Page 3 John R. Riley, Jr., County Administrator Re: Carpers Valley Golf Course Area Properties July 12, 2005 Therefore, in consideration of the Comprehensive Policy Plan, the applicant has attempted to address each of the three elements mentioned in the Comprehensive Policy Plan applicable to the subject properties (business office uses, East -West collector road, and Airport Support Area). The Board of Supervisors is empowered to make the ultimate decisions in terms of land use. The Comprehensive Policy Plan is a policy guide to assist the Board when considering rezoning requests, with the rezoning petition implementing the policies of the Comprehensive Policy Plan. In 2003, the Board of Supervisors' denial of a previous rezoning petition stated that use of the properties for purely residential purposes was not consistent with the Comprehensive Policy Plan. ERL/rsa Cc: Gene Fisher, Shawnee Magisterial District Supervisor Carpers Valley rezoning request Subject: Carpers Valley rezoning request Date: Fri, 24 Jun 2005 20:08:58 -0400 From: Glenn McLain <gmclain @avdp.org> To: Eric Lawrence <elawrenc @co.frederick.va.us> CC: "Board of Supervisors Renny Manuel <okvmanuel @adelphia.net Dave Foley <okvfoley @adelphia.net Charles L Wilmot <cwilmot @shentel.net> Friday's Winchester Star, page Bl, and previous Winchester Star articles With the recent NIMBY comments being made by many residents, this is a project that should not allow any residential development. There should be NO additional residential development allowed within the airport area, see attached file. This will help to prevent future complaints about the airport. As for the proposed road between 522 and the proposed development, NO road should be allowed on airport property. This is a safety area and should remain as such. There is no need for this road, or need for, by the proposed Public Safety building as it has existing roads to 522 and 50. As for proffers. To the airport, this should be an outright proffer, not an option to purchase. It should also include all other areas identified by the airport and the FAA. All properties within the airport area need to have a deed restriction identifying that the airport was there first and that NO property owner can claim any damage for noise or other because of the airport. Any and all other proffers need to be more than tokens. They need to cover ALL of the costs that the county will incur because of this rezoning. Additionally, before any decision is made for this rezoning, the revised airport master plan must be consulted and adhered to. Any FAA safety restrictions must be complied with. In requesting that a copy of this be provided to all Planning Commission members. DRZN Airport- x.pdf Name: RZN_Airport-x.pdf Type: Portable Document Format (application/pdf) Encoding: base64 1 of 1 6/28/2005 8:41 AM Frederick County Planning Subject: Frederick County Planning Date: Sun, 26 Jun 2005 15:03:51 -0400 From: "david worthington" worthington .david @worldnet.att.net> To: <elawrenc @co.frederick.va.us <gerald.crowell @dofvirginia.gov> Mr. Lawrence: I am a land owner in Frederick County plus a concerned citizen and have a couple of suggestions and requests. First, I have heard about a new plan for developing the Carper's Valley area next to the airport. However, my concern is not the airport. The airport staff has far more expertise and experience on this matter to address the concerns with this issue. No, my concern is that whatever is built on this land takes into account the natural beauty that exists in the area. I work at TAC and have often walked the woods surrounding this property. I have enjoyed the peaceful solitude (planes not withstanding) and have seen a variety of animals and birds ranging from deer, squirrels, and chipmunks to cardinals, woodpeckers and red tailed hawks. Plus the woods provide a screening that keeps the noise from the airport from being obtrusive. The woodland setting helps create a restful and enjoyable work surrounding as well. I would hope that these woods would be at least partially protected for future development to provide the positive aspects noted above. I would be willing to assist the county in this endeavor if possible. I would also like Gerald Crowell to be part of this process if he is agreeable. The second and somewhat similar issue is the Papermill Road extension at Route 522. Again, here you have an old growth of trees that I would hope be protected when Papermill is either expanded or revised. I am again willing to work with the Planning Department on this issue as well and would also appreciate Mr. Crowell's assistance, if available. Please note that another avenue that could be used in these areas is conservation easements. I am willing to work this as well if you think it has some potential. In closing I appreciate your taking the time to read my e-mail and look forward to hearing from you. If you have any questions I can be reached at (540) 665 -3939. Take care, David I of I 6/28/2005 8:43 AM May 24, 2005 Notes for Carper Valley Town Center rezoning proposal review Below are identified issues and concems with the Carper Valley Town Center rezoning proffer package, dated May 24, 2005, and presented May 23` to County planning staff for preliminary comment. This constitutes the second proffer package offered to the County for preliminary review, the first was dated May 2005 (received by planning on May 19, 2005). Land Use 1.2 "Design and Development Standards Manual Has not been provided for review, nor included as part of the rezoning application. Please provide this document for review, and include as part of the proffer statement. Recognize that any modifications to the regulations need to be identified and justified within the application 1.3 Clarify "leased" by the US GSA Local and state ordinances would be applicable if this were the case? 1.4 Makes reference to the Design and Development Standards yet this document are not part of the proffer statement that has been submitted for review. 1.4.1 Fails to identify the maximum number of dwellings. Proffer reads "Residential development on the property shall not exceed a maximum of dwelling units..." 1.6 Fails to identify gross density. Proffer reads "The gross density of residential units on the Property shall not exceed units per acre. Provide a justificationregarding any increase in permitted residential density. Staff can not make this case for the applicant. Reservation of Commercial Property 3.1 Fails to identify gross density. Proffer enables the land designated for GSA, etc to be developed residentially if GSA does not act within specified time frame. Please be reminded that the Land Use Plan designates the entire subject properties for business and office use, not residential. Converting commercially designated land to residential is not consistent with the land use plan. Phasing of the Residential Development 4.1 Phasing Plan. Fails to clarify the residential units per phase, and road segments to be completed. 4.2 Community improvements. Clarify intent of statement. Identify community improvements on MDP e.g. Rec. Center, etc. Community wide facilities should be constructed with the early or initial phases of the development. Architecture, Signage, and Landscaping 5.2 Fails to provide the details associated with the proffered "Comprehensive Sign Plan Discusses the proffered right to utilize alternative signage the County does not accept proffers which exceed the zoning ordinance requirements. Please clarify the signs intended by the Comprehensive Sign Plan. Should be provided with the MDP or Rezoning Pedestrian Trail System 6.1 References various trail details /surfaces, which differ based on the public or private road system. Yet, the proffer and MDP never state what roads will be public or private. Please clarify road network so that the trail network is better understood. Are the trails and sidewalks to be located on both sides of all roads? 6.1 cont'd Four foot trails fall below minimum acceptable standards, even for a private improvement. 10' wide asphalt trails should meet or exceed VDOT standards Fire and Rescue 7.1 Please clarify contribution for emergency services 7.2 Please clarify what a "master HOA" is? 7.2 cont'd. Who has responsibility for monitoring or facilitating this contribution? Is this an acceptable proffer? It is unclear if the CPI is applicable to the contribution. It would appear as though as this money is not paid to the Board, the CPI provision would notbe applicable. Please clarify monetary contributions referenced for the various county facilities. Upon finalization of number of dwelling units and approximate square footage of commercial staff would be able to provide an additional FIM output for your use. Transportation As previously discussed, the proposed road system should be consistent with the Rt 50 Land Use Plan. Built as Major Collector roads, 4 -lane sections. Furthermore, it is noted that the applicant has not proffered to construct any offsite improvements, yet these off site improvement (as so stated by the applicant) are clearly necessary for the road system to function. The transportation network, as previously discussed, should include connections to Prince Frederick Drive, Inverlee, Sulfur Springs Road, and Victory Lane. Additionally, no other access, than identified above, should be made to Rt 50. Previously, the applicant stated their intention of constructing the relocated Rt 522; that concept has been completely removed from the latest proffer statement. Many of these comments concerns are consistent with issues previously raised with the applicant during meetings on May 19 and April 13`h MDP should meet all MDP requirements, see check list. MDP must be approved as a major component of Rezoning. Make sure all agencies are reviewing the MDP in addition to the rezoning and providing the appropriate approval. A completed application should be submitted to enable the placement of this item on the public hearing schedule. A completed application includes: approval comments from the review agencies (VDOT, public works, schools, service authority, sanitation authority, fire marshal, parks and recreation, HRAB, Airport, county attorney, and planning departments. completed application form and materials Review fee of 30,692 for the 276.92 acre project plus the $50 deposit for the public hearing sign Frederick County, Virginia CARPERS VALLEY REZONING APPLICATION AND SUPPORTING MATERIALS Shawnee Magisterial District May 2005 Prepared by. Patton Harris Rust &Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540- 667 -2139 Fax: 540- 665 -0493 UL JU "J 247005 L_ °L 'UNITY PMENT Table of Contents L Application Form II. Impact Analysis A. Introduction B. Comprehensive Policy Plan C. Suitability of the Site D. Transportation E. Sewage Conveyance and Water Supply F. Site Drainage G. Solid Waste Disposal Facilities H I-3istoric Sites and Structures I. Impact on Community Facilities J. Modifications IV. Frederick County Fiscal Impact Model Output V. Proffer Statement VI. Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket Frederick County, Virginia CARPERS VALLEY REZONING APPLICATION AND SUPPORTING MATERIALS Shawnee Magisterial District June 2005 Prepared by Patton Harris Rust Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540- 667 -2139 Fax: 540- 665 -0493 JUN 2 4 2005 FRECrF:CK COUNTY PLHfU;ICS DEVELOPMENT D Table of Contents I. Application Form II. Impact Analysis A. Introduction B. Comprehensive Policy Plan C. Suitability of the Site D. Transportation E. Sewage Conveyance and Water Supply F. Site Drainage G. Solid Waste Disposal Facilities H Historic Sites and Structures I. Impact on Community Facilities J. Modifications IV. Frederick County Fiscal Impact Model Output V. Proffer Statement VI. Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket