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12-05 Proffer Statement
Eric Lawrence Eric and John, .'3erry Jerry A. Copp Residency Administrator VDOT- Edinburg Residency (540) 984 -5604 Fax (540) 984 -5607 Jerrv.Copp @V DOT.Virgi nia. Gov From: Copp, Jerry [Jerry.Copp ©VDOT.Virginia.gov] Sent: Tuesday, March 31, 2009 4:09 AM To: Eric Lawrence; John Bishop Subject: FW: Artrip Payment Attachments: SCN_20090306080028_001.pdf; SCN_20090330125341_001.pdf Thanks for your good work and cooperation on this project. From: Funkhouser, Rhonda Sent: Monday, March 30, 2009 12:59 PM To: Carter, Edwin; Copp, Jerry; Grim, Jo Ann; 'jriley @co.frederick.va.us'; 'mcheran @co.frederick.va.us' Cc: Shuey, Donna Subject: Artrip Payment The requested check in the amount of $106,199.80 was received today and has been forwarded to District Fiscal. Attached is a copy for your records. RIkoN.c FLCw12I1oL4ser VLrg'vL2 Dep&irtvv.ev>t of- TYa yspovtgtLov EdLwbL4r44 R.es%dewcd LPIA4 DeveLopvvewt 14031 oLd vnLleu Pike Ed wburg, V rg v v. 22224 ?hove (540) _524 -5002 fat #(540) _924 -5007 A -TTt1 �,u� (rr.6j From: Funkhouser, Rhonda Sent: Friday, March 06, 2009 8:04 AM To: 'Foote, John' Cc: 'jriley @co.frederick.va.us'; Copp, Jerry; Carter, Edwin; Grim, Jo Ann; 'smargulies @towercompanies.com'; Hottle, Cathy Subject: FW: Tasker Rd. /Warrior Dr. Fri 3/6/2009 8:04 AM Request for payment attached. Original is in the mail. 1 A w n- P Thank you. From: Stuart Margulies [mailto:smargulies @towercompanies.com] Sent: Wednesday, March 04, 2009 3:51 PM To: Foote, John Cc: David Borchardt; john.callow @phra.com; Jeffrey Abramson Subject: RE: Tasker Rd. /Warrior Dr. John: can you have Edwin send us the invoice so I can process it. thanks From: Foote, John [mailto:jfoote @pw.thelandlawyers.com] Sent: Wednesday, March 04, 2009 3:41 PM To: Carter, Edwin Cc: David Borchardt; Foote, John; john.callow @phra.com; Jeffrey Abramson; Stuart Margulies Subject: RE: Tasker Rd. /Warrior Dr. And thank you very much. This was very smooth. John H. Foote Walsh, Colucci, Lubeley, Emrich Walsh, P.C. 4310 Prince William Parkway, Suite 300 Glen Park I Prince William, Virginia 22192 0 703.680.4664 f 703.680.2161 c 703.801.5075 Confidentiality notice: Please be advised that this e-mail and any files transmitted with it are confidential attorney client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to which they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited. From: Carter, Edwin [mailto:Edwin.Carter @VDOT.Virginia.gov] Sent: Wednesday, March 04, 2009 2:31 PM To: Foote, John Subject: Tasker Rd./Warrior Dr. John, just a heads -up to let you know that the final invoice for the above is being mailed this week. All charges are in and the final cost totaled $292,174.80. The initial check was for $185,975, leaving a balance due of $106,199.80. I would like to thank you again for all of your help throughout the whole process. Everyone is very pleased with the end result. Ed 2 Edwin Z. Carter Asst Residency Administrator VDOT- Edinburg Residency (540) 984 -5605 Fax (540) 984 -5607 Edwin.Carter@VDOT. Virgin ia.Gov This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e -mail and delete all copies of the message. Thank you very much. This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e -mail and delete all copies of the message. Thank you very much. 3 DAVID S. EKERN, PE COMMISSIONER March 4, 2009 COMMONWEALTH of VIRGINIA Dear John: Sincerely, DEPARTMENT OF TRANSPORTATION P.O. Box 2249 Staunton, VA 24402 -2249 www.VirginiaDOT.orq Mr. John H. Foote C/O Walsh, Colucci, Lubeley, Emrich 8 Walsh, PC 4310 Prince William Parkway, Suite 300 Glen Park 1 Prince William, VA 22192 Ref: Tasker Road /Warrior Road Project All charges associated with the referenced project have now been received and populated through the system. The total cost for this project was $292,174.80. Pursuant to our agreement of October 2nd, 2008, we received a check to the amount of $185,975.00 on November 24 2008 with the balance due after January 1 2008. Please consider this letter an invoice for the balance and forward VDOT a check in the amount of $106,199.80. The check should be made payable to the "Treasurer of Virginia" and sent to the Edinburg Office. Thank you for your attention to this matter and your assistance during the entire process. We believe this project added tremendous value to the transportation network in Frederick County and is greatly appreciated by the public. 4 rry A. Copp, Residency Administrator irginia Department of Transportation Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone #540.984.5600 Fax #540.984.5607 EZC /JAC /rf Copy: Mr. Stuart Margulies The Tower Companies WE KEEP VIRGINIA MOVING INVOICE NO. INVOICE DATE REFERENCE GROSS DISCOUNT NET AMOUNT TRAFFICWRK 03/04/09 106,199.80 .00 106,199.80 THET.� WER COMPANIES 106,199.80 .00 106,199.80 TOTAL 008178 THE T O W E R C O M P A N J E S 2000 Tom OAKS IBLVD., 9TH Rook RCCKVILLE, RIARVLANO 20852 301.984.7000 SUM OF PAY TO THE ORDER OF $106,199 DOLLARS AND 80 CENTS*** TREASURER OF VIRGINIA STATE CORPORATION COMMISSION P.O. BOX 1197 RICHMOND, VA 23209 WACFIOVIA Wacho1a Bank. N.A. wachova.com VENDOR NO. u'00$ L 7811' 1 :0 5 L 400 5491: 20000 360 2440 LH' A' 60.54/514 008178 00164 CHECK NO. CHECK DATE TREAVA 008178 03 /18/09 $106,199.80 e5G /Ao1 op! 52.Z Dy zo,/ Co. 31 OPC 0009 /in/ (4(0164"- John H. Foote d 017 (703) 680 -4664 Ext. 114 jfoote@pw.thelandlawyers.com pw.thelandlawyers.com Fax: (703) 680 -2161 Mr. Jerry Copp Residency Adrninithator Virginia Department of Transportation 14031 Old Valley Pike Edinburg, Virginia 22824 Dear Jerry: Pursuant to your letter dated March 4, 2008, enclosed please find a check payable to Treasurer of Virginia for the balance owed on the above referenced project. The total amount paid from the Tower Companies is $292,174.80 and concludes that all requirements per the appropriate proffer and agreement have been met. We have forwarded a copy of the check to the Zoning Administrator as evidence of proffer compliance pursuant to the Agreement amongst the parties. matter. JHF /tls Enclosure WALSH COLUCCI LUBELEY EMRICH WALSH PC March 25, 2009 Re: Artrip VDOT Frederick County Agreement Tasker Road/Warrior Road Project Thanks very much for your assistance and it was a pleasure working with you in this Sincerely yours, WALSH, H. Foote UCCI, LUBELEY, WALSH, P.C. I� I,AR 3 PHONE 703 68o 4664 1 FAX 703 68o 6067 1 WWW.THELANDLAWYERS.COM 4310 PRINCE WILLIAM PARKWAY, SUITE 300 1 PRINCE WILLIAM. VA 22192 ARLINGTON OFFICE 703 528 4700 1 LOUDOUN OFFICE 703 737 3633 ATTORNEYS AT LAW lfoar /irk Mr. Jerry Copp March 25, 2009 Page 2 of 2 cc: John Riley, County Administrator Rod Williams; County Attorney Eric Lawrence. Mark Cheran Jeffrey Abramson Stuart Margulies David Borchardt John Callow Dear Mark: John II. Foote (703) 6804664 Ext. 114 j footeapw. the l andl awyers. com Fax: (703) 680 -2161 Mark Cheran Zoning Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 WALSH COLUCCI LUBELEY EMRICH St WALSII•PC March 24, 2009 Re: Completion of Artrip Proffer Improvements Enclosed you will find a letter from VDOT requ ting payment from my client for the Tasker/Warrior Road project in the amount of $106,199. You will also find a copy of the check that my people have made payable to the Treasurer of Virginia as requested. With this payment, and pursuant to Paragraph 11 of the Agreement entered into between the parties with respect of payment of funds for this improvement, our client has complied with the requirements of the Agreement, and Proffer 14.3.2. I would appreciate it if you would put a copy of this in the project file, so that this matter may be deemed ended. JHF /tls Thank you for your assistance. Very truly yours, WALSH, COLUCCI, LUBELEY, EMRIC WALSH, P.C. Foote PHONE 703 68o 4664 1 FAX 703 68o 6067 1 WWW.THELANDLAWYERS.COM 4310 PRINCE WILLIAM PARKWAY, SUITE 300 1 PRINCE WILLIAM, VA 22192 ARLINGTON OFFICE 703 628 4700 1 LOUDOUN OFFICE 7 737 3633 ATTORNEYS AT LAW Mark Cheran March 24, 2009 Page 2 of 2 Cc: Jeffi ey Abrahamson David Borchardt Stuart Margulies Jerry Copp John Callow DAVID S. EKERN, PE COMMISSIONER March 4, 2009 Dear John: COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P.O. Box 2249 Staunton, VA 24402 -2249 www.VirginiaDOT.orq Mr. John H. Foote CIO Walsh, Colucci, Lubeley, Emrich Et Walsh, PC 4310 Prince William Parkway, Suite 300 Glen Park 1 Prince William, VA 22192 Ref: Tasker Road /Warrior Road Project All charges associated with the referenced project have now been received and populated through the system. The total cost for this project was $292,174.80. Pursuant to our agreement of October 2nd, 2008, we received a check to the amount of $185,975.00 on November 24 2008 with the balance due after January 1S 2008. Please consider this letter an invoice for the balance and forward VDOT a check in the amount of $106,199.80. The check should be made payable to the "Treasurer of Virginia" and sent to the Edinburg Office. Thank you for your attention to this matter and your assistance during the entire process. We believe this project added tremendous value to the transportation network in Frederick County and is greatly appreciated by the public. Sincerely, 4. 4 rry A. Copp, Residency Administrator irginia Department of Transportation Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone #540.984.5600 Fax #540.984.5607 EZC /JAC /rf Copy: Mr. Stuart Margulies The Tower Companies WE KEEP VIRGINIA MOVING TECIEDWE MAR 0 9 2009 WCLEW INVOICE NO. INVOICE DATE REFERENCE GROSS DISCOUNT NET AMOUNT TRAFFICWRK 03/04/09 106,199.80 .00 106,199.80 t THET! WER COMPANIES 106,199.80 .00 106,199.80 TOTAL 008.178 'T -yWE TAO plrn C;O N I E`S Z 12000 TOwBR �O.�cs Bcvn, 4rR I7;OOR 1tc,ocv ILL, AfnmuNn 30852 r. *F._.. C3019347000 6: RE #S17RER OF,- IRGlt41 T,A.T CORRA RATIO*, •COi'ft4ISSIQM b EOX 1197' ICH1 VA; 232,09 CHECKNO.: CMECKDATE 008176: c ai18 /'t39 r ORDER OE •:0s.�40049i:2 WACHOVIA ''.Wacho \a Back N.A. wacRovla:c.orti VENCOR NO TREAVA.' 4frt,0 LA, 6&54/514 CO-164' John H. Foote (703) 680-4664 Ext. 114 jfoote @pw.thelandlawycrs. corn Fax: (703) 680 -2161 Mr. Jerry Copp Residency Administrator Virginia Department of Transportation 14031 Old Valley Pike Edinburg, Virginia 22824 Dear Jerry: matter. JHF /tls Enclosure WALSH COLUCCI LUBELEY EMRICH WALSII PC March 25, 2009 Re: Artrip VDOT Frederick County Agreement Tasker Road /Warrior Road Project APR 1 2009 W Pursuant to your letter dated March 4, 2008, enclosed please find a check payable to Treasurer of Virginia for the balance owed on the above referenced project. The total amount paid from the Tower Companies is $292,174.80 and concludes that all requirements per the appropriate proffer and agreement have been met. We have forwarded a copy of the check to the Zoning Administrator as evidence of proffer compliance pursuant to the Agreement amongst the parties. Thanks very much for your assistance and it was a pleasure working with you in this Sincerely yours, WALSH, 1UCCI, LUBELEY, N R WALSH, P.C. H. Foote PHONE 703 68o 4664 1 FAX 703 68o 6067 1 WWW.TFIELANDLAWYERS.COM 4310 PRINCE WILLIAM PARKWAY, SUITE 300 1 PRINCE WILLIAM, VA 22192 ARLINGTON OFFICE 703 528 4700 1 LOUDOUN OFFICE. 703 737 3633 ATTORNEYS AT LAW Mr. Jerry Copp March 25, 2009 Page 2 of 2 cc: John Riley, County Administrator Rod Williams, County Attorney Eric Lawrence Mark Cheran Jeffrey Abramson Stuart Margulies David Borchardt John Callow AMENDM ENT Action: PLANNING COMMISSION: February 15, 2006 Recommended Approval BOARD OF SUPERVISORS: November 8, 2006 APPROVED DENIED PDRes #33 -06 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 1412 -05 OF VILLAGES AT ARTRIP WHEREAS, Rezoning #12 -05 of Villages at Artrip, submitted by Dewberry, to rezone 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District with proffers, for the proposed mixed use development of 793 residential units and retail, restaurant, office and public uses was considered. The property is located one mile west of Interstate 81, three quarters mile north of Tasker Road (Route 649), 150 feet north of Fair Lawn Court (Route 1176), and west of Canter Estates Section V Falabella Drive, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 75- A -99A. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 3, 2005, and took action at a public meeting on February 15, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 11, 2006, and took action at a public meeting on November 8, 2006; 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 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District with proffers, for the proposed mixed use development of 793 residential units and retail, restaurant, office and public 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. This ordinance shall be in effect on the date of adoption. Passed this 8th day of November. 2006 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRes #33 -06 Aye Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. Dellaven, Jr. A COPY ATTEST Aye Nay Nay Jo Riley. Jr. F .e rick County Administrator PROJECT NAME: Villages at Artrip ORIGINAL DATE OF PROFFERS: June 2004 P0047851 .DOC I Proffers (BOS Revisions) 000419 000004; PROFFER STATEMENT RZ #12 -05 and MDP #09 -05 RA to R4 REVISION DATA: May 20, 2005 June 17, 2005 September 9, 2005 September 26, 2005 November 28, 2005 January 27, 2006 September 8, 2006 October 10, 2006 October 25, 2006 REZONING: PROPERTY: 169.924 acres Tax Map Parcel 75 -A- 99A (the "Property RECORD OWNER: APPLICANT: Winchester -Artrip Limited Liability Company Winchester -Artrip Limited Liability Company, a Virginia Corporation The undersigned hereby proffers 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 "Master Development Plan" shall refer to the plan entitled "Master Development Plan, The Villages at Artrip" prepared by Dewberry (the "MDP") dated January 27, 2006 and revised September 8, 2006, sheets 1 -4; provided further that sheet 5 thereof, entitled General Development Plan "GDP "),shall not be deemed a part of the MDP submittal but is otherwise proffered as set forth herein. 1. LAND USE 1.1 The project shall be designed so as to establish interconnected mixed use villages in conformance with the MDP and the GDP, and as is specifically set forth in these proffers. 1.2 Except as modified herein, areas of commercial development 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, or as may be otherwise approved by Frederick County. 1.2.1 Commercial, retail, restaurant and office development on the Property shall not exceed 128,550 net useable square feet of commercial area, and shall be provided within the Core Area. 1.3 Except as modified herein, areas of residential development on the Property shall be developed in conformance with the regulations of the Planned Community "R4 zoning district, including permissible housing types, including those 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, including as set forth in Appendix A "Housing Types In the event that the Applicant elects to construct any of the Housing Types that are set forth on Appendix A attached hereto and incorporated herein by reference, such units shall conform to the development standards established therein. Housing Types and lot layouts within these Landbays may comprise any of the permitted Housing Types identified for those Landbays as set forth on the MDP or as are otherwise authorized for the RP district as it is incorporated by reference into the R4 district; provided further that no more intensive Housing Type may be constructed in any Landbay than is identified as a Housing Type permitted therein on the MDP. 1.3.1 Residential development on the Property shall not exceed a maximum of 793 dwelling units, with a mix of Housing Types permitted in the R4 district, subject to the modifications as set forth in Appendix A, and dwelling types shall be constructed in the locations generally depicted on the MDP and as further set forth herein. 1.3.2 For the purposes of these proffers, single- family attached and detached and multi- family units shall include those (P0047851.DOC 1 ProlTers (BOS Revisions) 000419 000004; 2 Housing Types identified on the MDP and set forth in the applicable provisions of the Zoning Ordinance including detached cluster housing, small lot singles, single family urban, zero lot line singles, and village rear load singles. Multi family units shall include apartments, fee simple condominiums, and duplex units. 1.4 Development of commercial, residential and community uses within the area identified on the MDP as the "Core Area" shall generally conform to a grid lot layout, and the street layout and Housing Types depicted therein on the MDP. Not fewer than three Housing Types shall be provided in the Core Area. The layout of the Core Area shall be constructed in general conformance with the GDP, provided that reasonable adjustments may be made to the locations thereof upon final engineering. 1.4.1 The Applicant shall construct not fewer than 100 residential units of three different permitted Housing Types' in the Core Area in Phase 1 of the development as otherwise set out herein. 1.5 Development within the Landbays on the Property outside the Core Area shall generally conform to the street layouts, points of connection to Warrior Drive and Parkins Mill Road, and the limits of development as are depicted on the MDP; provided that minor adjustments may be made to the locations thereof upon final engineering. Housing Types and lot layouts within these Landbays' may comprise any of the pennitted Housing Types identified for those Landbays on the MDP and authorized herein or subsequently approved by the Frederick County Planning Office; provided further that no snore intensive Housing Type may be constructed in any such Landbay than is identified as a Housing Type permitted therein on the MDP. 1.6 Notwithstanding any provision of law to the contrary, rental apartments, condominium units and rental apartments over retail and office uses shall be permitted. 1.7 The gross density of residential units shall not exceed 4.7 units per acre. 1.8 Shared parking shall be provided for retail, restaurant and office uses within Landbay "A" such that a 10% reduction or increase of the required parking spaces shall be permitted. 1.9 The Applicant shall make reasonable attempts to preserve the specimen Delaware Pine in the general vicinity of the cemetery on the property identified on the MDP as Village Green B. Such Green shall be preserved for passive recreational use, provided that a tot lot may be located thereon. During construction the limits of clearing and grading in the vicinity of the specimen Pine shall be identified and field flagged in connection with the Applicant's compliance with requirements of the tP0047851.DOC 1 Proffers (BOS Revisions) 000419 000004; 3 Frederick County Erosion and Sedimentation Control Ordinance to prevent unintended disturbance of areas to be' preserved. 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 R -4 zoning district, the MDP, and this Proffer Statement as it may be accepted by the Board. 3. PHASING OF THE DEVELOPMENT 3.1 The Property shall be developed in three phases, with the commercial portions of the Property to be developed in Phase 11 as set forth herein. The three phases shall be authorized as follows: P004785I .DOC I ProBers (BOS Revisions) 000419 000004 I 3.1.1 Phase I. Residential development shall not exceed 325 dwelling units and shall consist of not fewer than three permitted Housing Types. 3.1.2 Phase II. Residential development shall not exceed an additional 275 dwelling units, for a total of 600 dwelling units comprising not fewer than three permitted Housing Types. 3.1.3 Commercial development shall include not less than 20,000 square feet of commercial /retail /restaurant gross leaseable floor space in the Core Area, whose shell has been constructed not -later than the 600 residential building permit. 3.1.3.1 Notwithstanding the foregoing, and except to the extent set forth herein, the Applicant may construct all or any portion of the commercial development authorized in these proffers at any time. 3.1.3.2 The Applicant shall submit a site plan for the aforesaid commercial development prior to the issuance of the 326 residential building permit. 3.1.4 Phase III. Residential development shall not exceed an additional 193 dwelling units, for a total of 793 dwelling units. 3.1.5 Community improvements. Community serving improvements such as community center, tot lots, and similar improvements as shown on the MDP shall be 4 4. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 4.1 The following building materials may be used for construction within the Property, and no others: 4.1.1 Pavements Curbing shall consist of cast in place concrete, natural and colored; aggregate concrete; precast concrete, natural and colored; concrete pavers; brick pavers; stone pavers; asphalt pavers; granite; ceramic tile; asphalt. 4.1.2 House sidings shall consist of EFTS; stucco; brick; cementious siding; cedar siding; stone veneer; painted wood; vinyl siding; stained wood; aluminum; aluminum wrapped trim; hardy plank; PVC trim. {P0047851.DOC 1 Proffers (BOS Revisions) 000419 000004; constructed in conjunction with the Landbay with which such improvements are associated; provided that the community civic center and pool to be constructed in the Core Area shall be designed and bonded at the beginning of Phase I, and constructed prior to the issuance of the 325 building permit. 4.1.3 Decking and fencing shall consist of pressure treated wood; stained wood; painted wood; PVC fencing; IPE decking; cedar decking; TREX decking or similar recycled product. 4.1.4 Miscellaneous materials that may be used for roofing shall consist of standing seam metal roofing, colored; slate roofing; asphalt roofing; powder coated steel, colored; galvanized steel; aluminum brushed; anodized aluminum, colored; 304 stainless steel. 4.1.5 Additional materials not listed herein may be submitted to the Director of Planning for approval, who shall determine whether those materials are of a type and quality substantially similar to those listed. 4.2 Vinyl siding shall not be used on the front elevation of residential structures facing Warrior Drive or on the fronts of residences located on corner lots that intersect with Warrior Drive. The side of a "residential structure that faces Warrior Drive located on a comer lot on a road that intersects Warrior Drive is not permitted to have vinyl siding on that elevation. 4.3 Notwithstanding the foregoing, materials used for exterior facades of the commercial buildings shall include but not be limited to concrete masonry units (CMU) split -faced block, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and /or glass. 5 6. FIRE RESCUE: 7. SCHOOLS: Standard concrete masonry block shall not be used for the front facades of any buildings. 4.4 All buildings within the development on the property shall be constructed using compatible architectural styles. The Applicant shall establish under the jurisdiction of the HOA(s) to be established hereunder, one or more Architectural Review Boards to enforce and administer a unified development plan. 4.5 All signage within the project shall be in substantial conformity with the comprehensive sign plan incorporated herein as Appendix B to these Proffers; provided that the Director of Planning may authorize alternative signage that is substantially consistent with the aforesaid sign plan. 4.6 The major collector roadways (Warrior Drive and Parkins Mill Road Extended) in the Villages at Artrip shall be constructed with a minimum 20' width buffers adjacent to dedicated rights -of -way and, except at entrance locations, shall be improved with landscape features and lighting to create a "boulevard" appearance. Illustrative details of such buffers shall be as set forth on the MDP. 5. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 5.1 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 provides additional connectivity to adjacent properties. Said trails shall be in general confonnance with the South Frederick Land Use Map and shall be in the locations generally depicted on the MDP. Five -foot sidewalks shall be constructed on all public streets and a minimum of four foot sidewalks shall be constructed on private streets in accordance with the requirements of the Frederick County Subdivision Ordinance, except as may be otherwise depicted on the MDP. The pedestrian/bicycling trail constructed along Warrior Drive and Parkins Mill Extended shall be 10 feet wide, and shall have an asphalt surface.' 6.1 The Applicant shall contribute to the Board the sum of $537 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 7.1 Within one hundred and eighty days of written request therefor, the Applicant shall dedicate to the Board of Supervisors approximately 18 {P0047851.DOC 1 Proffers (BOS Revisions) 000419 000004: 6 8. PARKS OPEN SPACE: acres of land more or less as depicted on the MDP as Land Bay C, for use only as a future elementary school site. 7.2 The Applicant shall extend sewer and water lines to the boundary of the property to be dedicated for school purposes when sewer and water lines are constructed to the Core Area 7.3 The Applicant shall, upon written request therefor, dedicate to the Board of Supervisors approximately five (5) additional acres of property adjacent to and on the southerly side of Warrior Drive, otherwise depicted on the MDP as preservation area, identified as Land Bay F, for public use that is compatible with residential character of the development of the Property and permitted in the R4 District pursuant to the County Zoning Ordinance. 7.4 The Applicant ,shall be permitted to retain an easement on any such dedicated property, and on any preservation, open space, or other property to be dedicated, for the construction of permanent stormwater management facilities and utilities, as well as temporary easements for the construction of utilities and structures, for the Villages at Artrip. The Applicant shall coordinate any such facilities with the County and the School Division. The Applicant shall be further permitted to retain the right to construct stonmwater management facilities for both quality and quantity purposes, on the property dedicated for school purposes. 7.5 The Applicant shall contribute to the Board the following amounts for each dwelling unit constructed, for educational purposes, payable upon the issuance of a building permit, for each such unit. 7.5.1. For each single family detached dwelling, the sum of $14,437.00. 7.5.2. For each single family attached dwelling, the sum of $9,985.00 7.5.3. For each multifamily dwelling, the sum of $3,297.00. 7.6 Without delay in the processing of other applications and issuance of permits for development of the Property, the time for any dedication required hereunder shall be extended by the time required to process any application necessary to create the subdivided parcel of property to be dedicated to the County for school purposes, and the Applicant shall file and diligently pursue any subdivision application needed to effectuate said dedication. P0047851.DOC 1 ProlTers (BOS Revisions) 000419 000004; 7 9. LIBRARIES: 8.1 The Applicant shall contribute to the Board the sum of $847 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such unit. 9.1 The Applicant shall contribute to the Board the sum of $137 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such unit. 10. ADMINISTRATION BUILDING: 10.1 The Applicant shall contribute to the Board the sum of $144 to be used for construction of a general governmental administration building upon issuance of a building permit for each such unit. 11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 11.1 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 stonnwater 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 an umbrella HOA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, private road and open space maintenance, and similar matters common to the development of the Property, and shall establish an architectural review board subject to its jurisdiction. 11.2 Upon formation of the first HOA, the Applicant shall commission a professional management company to prepare a study of the anticipated revenues and expenses of the HOA and POA as further set forth below, for the first two years of operation, or for such longer period as may be required until such associations become self sufficient, and to establish an operating budget for each. The Applicant shall provide to the HOA and POA funds in an amount determined by such study necessary to cover operating deficits that the associations may have during such initial operations. 11.3 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 P0047851.DOC 1 Proffers (BOS Revisions) 000419 000004, 8 specifically including the "Village Green" areas as depicted on the MDP, (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, (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, (vi) stormwater management facilities, and (vii) the swimming pool and associated civic center /clubhouse. 11.4 The commercial elements of the development shall be made subject to one or more property owners' association(s) (hereinafter "POA 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 stonnwater 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. 11.5 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. 12. WATER SEWER: 12.1 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. {P004755 1 DOC 1 Proffers (BOS Revisions) 000419 000004: 9 13. ENVIRONMENT: 13.1 Stonnwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stonnwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3, or such requirements as may be applicable at the time of plan approval, for the purpose of providing the highest order of stonnwater control in existing Virginia law at the time of construction of any such facility. 13.2 Stream preservation buffers shall be constructed in general conformance with the MDP, so as to create buffer requirements established by the Frederick County Zoning Ordinance to protect Opequon Creek and the unnamed tributary to Opequon Creek from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, water lines, sanitary sewer, or other utilities. 13.3 During construction on the property, the limits of clearing and grading shall be identified and field flagged in connection with the Applicant's compliance with requirements of the Frederick County Erosion and Sedimentation Control Ordinance, for the project as a whole, to prevent unintended disturbance of areas to be preserved. 13.4 The Village Pond located within the Core Area shall be improved and preserved as a visual amenity and may be used for stone water management purposes for both quality and quantity. 13.5 The fifty -foot woodland conservation area depicted in Land Bays D and E on the MDP, adjacent to Canter Estates, shall remain undisturbed; provided that the Applicant may provide for adequate stonnwater management outfall within such conservation area. Any such outfall shall be designed so as to minimize the impact on such area. 14. TRANSPORTATION: 14.1 Transportation improvements shall be constructed in conjunction with each phase of the development as set forth below, specifically including, without limitation, the improvements identified for the intersection of Warrior Drive and Tasker Road. Design of the roadway system shall be phased as set forth in these Proffers and shall be substantially consistent with the study entitled "A Phased Traffic Impact Analysis of The Villages at Artrip," prepared by Patton, Harris, Rust Associates, dated December 15, 2004 (the "TIA The exact location and design of proffered improvements shall be subject to reasonable adjustment upon final engineering thereof. The Applicant 1P0047851.DOC 1 Proffers (BOS Revisions) 000419 000004; 10 shall construct at its expense pedestrian actualized signalization at each of those locations for which such signalization is identified in the TIA, upon issuance of warrants therefor unless such signalization has been accomplished by others. 14.2 Prior to the issuance of certificates of occupancy for residential uses on streets to be placed into the State System of Secondary Highways, the Applicant shall comply with the requirements of Section 144 -17 (A) of the Frederick County Subdivision Ordinance. For the purposes of these Proffers, construction of any road or street referenced herein shall mean construction consistent with the requirements of that section. 14.3 The Applicant shall construct the following road improvements as its road phasing for Warrior Drive and Parkins Mill Road, if construction of that road is initiated from Wakeland Manor. 14.3.1. Prior to the issuance of the first residential building permit for the project, the Applicant shall construct an extension of Warrior Drive from Point A to Point B as depicted on the MDP as a full four -lane divided roadway, including construction of a full section of a roundabout or traffic signalized intersection, as may be approved by the Virginia Department of Transportation, at the intersection of Warrior and Parkins Mill Road. If a signal is not warranted at the time of the construction of the roadway, the Applicant shall bond the installation of that signal until warrants are satisfied. In conjunction with such construction, the Applicant shall further connect Warrior Drive into the adjacent property known as Wakeland Manor, so as to match the pavement widths of that portion of Warrior as constructed by others. The bridge crossing of the unnamed tributary of the Opequon on the southernmost edge of the Property at Point A shall be constructed to accommodate the ultimate design of Warrior Drive. 14.3.2. Prior to the issuance of the first residential building permit for the project, the Applicant shall further construct a full two lane section of Parkins Mill Road Extended, from its intersection with Warrior Drive at Point B to Point B1, as generally depicted on the MDP and within existing dedicated right -of- way, and shall construct the improvements to the Tasker Road Warrior Drive intersection as identified in the TIA. 14.3.3. The Applicant shall block all vehicular access from Parkins Mill Extended to Falabella Drive in Canter Estates Section V until the County directs that such connection be made; {P0047851.DOC I Proffers (BOS Revisions) 000419 000004] 11 provided, however, that the Applicant may construct a connection to Falabella prior to such direction as an emergency access to the Property, according to plans approved by the Director of Public Works the purpose of which shall be to make vehicular access possible for emergency purposes and to impede all other access. 14.3.4. Warrior Drive shall be constructed as an urban section pursuant to applicable VDOT standards therefor with an ultimate right of -way 100' in width. Parkins Mill Road shall be constructed as a rural section pursuant to applicable VDOT standards therefor with an ultimate right -of -way 80' in width. 14.3.5. Upon initiation of said construction, the Applicant may further undertake grading, infrastructure construction, roads, and similar pre- construction activities and preparatory work necessary for building commercial or residential structures, upon issuance of permits therefor. 14.4 Prior to the issuance of the 326 residential building permit, the Applicant shall further construct Warrior Drive as a full four lane section roadway, from Points B to D as depicted on the MDP. 14.5 The Applicant may construct a model home or sales center on the Property concurrently with the construction of the bridge connection to Wakeland Manor, and consistently with applicable County ordinances and regulations. The Applicant shall be permitted to obtain an occupancy permit therefor once the bridge is open to the public, bonded for final completion, but -not yet accepted into the State System of Secondary Roads. 14.6 In addition to the foregoing, the Applicant shall design and bond for completion the following improvements to Warrior Drive: 14.6.1. If the location of the connection of Warrior Drive into Crosspointe has been identified the Applicant shall complete the remainder of Warrior Drive from Point D to Point E as a full section of a four lane divided roadway to that point, by the issuance of the 601st residential building permit. 14.6.2. If the location of Warrior Drive into Crosspointe has not been adequately identified prior to the issuance of the 501 residential building permit, the Applicant shall design and provide performance guarantees pursuant to applicable Virginia law regarding the posting of such guarantees for the construction of Warrior Drive from Point D to Point E as a full four -lane divided roadway to a location that is approved by the P0047851.DOC 1 Proffers (BOS Revisions) 000419000004; 12 County, so as to assure the availability of funds sufficient to complete Warrior to a connection with Crosspointe. 14.7 Road phasing if construction of Warrior Drive is initiated from Crosspointe: 14.7.1. In the event that others have constructed Warrior Drive from Crosspointe Center to the Property boundary prior to the initiation of development of the Property and Warrior is to be constructed from that boundary to the south, then prior to the issuance of the first residential building permit for the project, the Applicant shall bond and construct Warrior Drive as a full four -lane divided roadway from Point E to Point B and Parkins Mill Extended as a two -lane section from Point B to BI as depicted on the MDP, to connect to the school site. 14.7.2. Prior to the issuance ,of the 326 residential building permit, the Applicant shall bond and construct Warrior Drive from Point B to Point A as a full four -lane divided roadway (and make its connection to Warrior Drive in Wakeland Manor as provided for if Warrior is commenced from the south), whereupon the Applicant will be permitted to build out the remainder of the residential units and commercial square footage. 14.7.3. The Applicant shall block all vehicular access from Parkins Mill Extended to Falabella Drive in Canter Estates Section V until the County directs that such connection be made; provided, however, that the Applicant may construct a connection to Falabella prior to such direction as an emergency access to the Property, according to plans approved by the Director of Public Works the purpose of which shall be to make vehicular access possible for emergency purposes and to impede all other access. 14.8 All left and right turn residential and commercial entrances to Warrior Drive and Parkins Mill Road shall be limited to those locations as generally depicted on the MDP. 14.9 Warrior Drive shall be constructed with a trail section throughout the Property, and such trail shall be extended to the property boundaries of Crosspointe and into Wakeland Manor with the extension of Warrior thereto to connect with Warrior as constructed by others. 14.10 The Applicant shall extend Parkins Mill Road Extended to Falabella Drive in Canter Estates, including a pedestrian trail on the south side Parkins Mill Extended, excluding the site to be dedicated to school {P0047851.DOC 1 Proffers (BOS Revisions) 000419000004: 13 purposes, when Parkins Mill Extended is constructed as otherwise provided in these proffers. 14.11 The Applicant shall design and shall construct its internal road network as public or private roads substantially as they are depicted on the MDP. In the event that the Virginia Department of Transportation declines to accept neo- traditional road designs for any such internal streets, the Applicant may construct such streets as private roads. 14.12 All public right -of -ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 14.13 All public streets and roads shall be designed and constructed in accordance with the Virginia Department of Transportation specifications, and subject to review and approval by the Frederick County and VDOT. 14.14 All private streets and toads shall be designed and constructed in accordance with the Virginia Department of Transportation standards therefor as set out on Sheet 3 of the MDP, and as modified thereby, and shall be owned and maintained by the HOA as defined herein that is served by such streets or roads. 14.15 No construction traffic shall be permitted through Lot 121 in the adjacent Lakewood subdivision, or through Canter Estates, Section V. In no event shall a permanent interparcel connection be made through Lot 121. Emergency access may be provided through such lot if approved by the Director of Planning. 14.16 The County shall not object to the grant of permission to the Applicant to construct a 2 -lane gravel access road as identified on Sheet 3 of the MDP, across the adjacent property owned by the Frederick County Sanitation Authority, for construction access to the Villages at Artrip, including construction of roads, bridges, utilities, and stormwater management facilities. The County will use its best good faith efforts to assure permission to construct such access road, if such efforts are required. After completion of construction, the Applicant may employ such access road as an emergency access to the Property. 14.17 For purposes of these proffers, a road shall be deemed constructed or completed when it has been constructed to a point at which the road is open to the public, remains bonded for final completion, but has not yet been accepted into the State System of Secondary Roads. 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION {P0047851.DOC 1 Proffers (BOS Revisions) 00(1419 (100004{ 14 15.1 The Applicant shall preserve the Artrip Family Cemetery. The Applicant shall further create a 0.5 acre preservation park surrounding the Cemetery, as generally depicted on the MDP. 16. ESCALATOR CLAUSE 16.1 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 (P0047851.DOC 1 Proffers (BOS Revisions) 000419 0000041 15 STATE OF MARYLAND; By: COUNTY OF MONTGOMERY: to -wit WINCHESTER A TRIP, Limited Lia.'lity Company Gary Abr. son Title: Managit Member The foregoing instrument was acknowledged before me thiay of CJCf�Iz� 2006, by (f7ary 4'1 '5a#.- My Commission e: GINA L. BECKMANN NOTARY PUBLIC STATE OF MARYLAND mmission Expires October 16, 2007 {P0047851.DOC 1 Proffers (BOS Revisions) 000419 0000041 16 Notary Public The following development standards shall apply to development within each Landbay for the following Housing Types listed below: I) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD ROW. NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE ADDED TO THE REQUIRED COMMON OPEN SPACE EXISTING PROPOSED 2) MIN. TOTAL LOT AREA PER DWELLING 10,000 SF 10,000 SF 3) MIN. LOT AREA 8,000 SF 8,000 SF 4) MIN. YARDS: SETBACK FROM ROAD ROW SIDE YARDS REAR YARD ]P004785 1 .DOC/ I Proffers (BOS Revisions) 000419 000004] APPENDIX A SINGLE FAMILY DETACHED CLUSTER FRONT LOAD 35' 10' 25' 5)MIN. LOT WIDTH AT SETBACK 60' 60' 6)MIN. LOT WIDTH AT ROAD ROW 30', 30' 7)MIN. OFF STREET PARKING SINGLE FAMILY DETACHED CLUSTER REAR LOAD 1) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD ROW. NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE ADDED TO THE REQUIRED COMMON OPEN SPACE 2) MIN. TOTAL LOT AREA PER DWELLING EXISTING 10,000 SF 3) MIN. LOT AREA 8,000 SF 17 20' 5' 25' 2/ UNIT 2/ UNIT PROPOSED 10,000 SF 8,000 SF 4) MIN. YARDS: SETBACK FROM ROAD ROW 35' 15' SIDE YARDS 10' 5' REAR YARD 25' 20' 5)MIN. LOT WIDTH AT SETBACK 60' 60' 6)MIN. LOT WIDTH AT ROAD ROW 30' 30' 7)MIN. OFF STREET PARKING 2/ UNIT 2/ UNIT SINGLE FAMILY SMALL LOT REAR LOAD 1) MIN. LOT SIZE 2) OFF STREET PARKING SPACES 3) SETBACK FROM STATE ROAD 4) SETBACK FROM PRIVATE ROAD 5) REAR YARD 6) SIDE YARD {P0047851. DOC I Proffers (BOS Revisions) 000419 000004; 18 EXISTING PROPOSED 3,750 SF 3,750 SF 2 2 25' 25' 20' 15' 5' SINGLE FAMILY DETACHED CLUSTER REAR LOAD W/ DETACHED GARAGE 15' 15' 5' 1) IN A PROPOSED CLUSTER DEVELOPMENT, THERE SHALL BE A MINIMUM TOTAL AREA PER DWELLING UNIT OF 10,000 SF, NOT INCLUDING LAND IN REQUIRED COMMON OPEN SPACE AND ROAD ROW. NO INDIVIDUAL LOT SHALL BE SMALLER THEN 8,000 SF. FOR EACH LOT THAT IS LESS THAN 10,000 SF BY A GIVEN SQUARE FOOTAGE, AN EQUIVALENT SQUARE FOOTAGE OF LAND SHALL BE ADDED TO THE REQUIRED COMMON OPEN SPACE EXISTING PROPOSED 2) MIN. TOTAL LOT AREA PER DWELLING 10,000 SF 10,000 SF 3) MIN. LOT AREA 8,000 SF 8,000 SF 4) MIN. YARDS: SETBACK FROM ROAD ROW SIDE YARDS REAR YARD 5)MIN. LOT WIDTH AT SETBACK 6)MIN. LOT WIDTH AT ROAD ROW 7)MIN. OFF STREET PARKING 1) FRONT SETBACKS FROM ROAD ROW 35' FROM PARKING OR DRIVEWAY 20' 2) SIDE YARD FROM PERIMETER {P0047851.DOC 1 Proffers (BOS Revisions) 000419 000004; 19 MULTIPLEX STACKED FLATS 35' 15' 10' 5' 25' 15' 60' 60' 30' 30' 2/ UNIT 2/ UNIT EXISTING PROPOSED 1) SETBACK FROM ROAD ROW N/A 35' 2) SETBACK FROM PARKING OR DRIVEWAY N/A 25' 3) SIDE YARD FROM PERIMETER BOUNDARIES N/A 15' 4) REAR YARD FROM PERIMETER BOUNDARIES N/A 25' 5) MIN. BUILDING SPACING N/A 30' MULTIPLEX BACK TO BACK UNITS EXISTING PROPOSED 1) SETBACK FROM ROAD ROW N/A 35' 2) SETBACK FROM PARKING OR DRIVEWAY N/A 25' 3) SIDE YARD FROM PERIMETER BOUNDARIES N/A 15' 4) REAR YARD FROM PERIMETER BOUNDARIES N/A 25' 5) MIN. BUILDING SPACING N/A 30' APARTMENTS /CONDOS APARTMENTS /CONDOS EXISTING PROPOSED 35' 10' BOUNDARIES 50' 50' 3) REAR YARD FROM PERIMETER BOUNDARIES 50' 50' 4) MIN. BUILDING SPACING 50' 50' 5) SETBACKS FOR OTHER USES NOT OTHERWISE SPECIFIED FRONT 35' 35' SIDE 15' 15' REAR 50' 50' (P0047851.DOC 1 Proffers (BOS Revisions) 000419 000004; 20 Prepared bx Winchester Artrip LLC vilLages at,4rtnp Comprehensive Sign Concept Plan November 5, 2004 Major Entry Materials: possibly brick, wood, precast concrete, stone, or metal. Text shown on this sign is for illustrative purposes only. Location: At Major entrances. Purpose: To provide a community identification. Sign Concept Han J 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I I 1 I I l 1 I I 1 1 1 1 1 1 11 tellevied ritrao 1 1 1 I 1 1 I 1 l —I �1TI 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1111111 1 1 1 1 1 1 1 1 _1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I 1 1 1 1 September 10, 2004 Page 2 Major Directional Materials: Possibly brick, wood, precast concrete, wood, stone, or metal. Text shown on this sign is for illustrative purposes only. Location: On major arterial, and collector roadways. Near community facilities.. Purpose: To provide pedestrian and vehicular direction. 1 Artrip Pond Q Soccer Fields A Town Center 1 1 1 4 MAX. Option A Sign Concept Plan 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I 1 I 1 1 Artrip Pond Artrip Boulevard Option B Community Center» September 10, 2004 Page 3 Sign Concept Plan Neighborhood Identification Materials: possibly brick, wood, precast concrete, stone, or metal. Text shown on this sign is for illustrative purposes only. Location: At intersections of major arterial roads and neighborhood entrances. Size /Area: Not exceeding (50) square feet in area, and (6) feet in height Purpose: To provide neighborhood identification. 1 1 1 1 1 Artrip Hills 1 1 1 1 1 1 1 1 f IIII 1 i 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 l 1 1 i 1 1 1 1 1 l I e t MAX. Option A e l 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 Option B Atrip Hills September 10, 2004 Page 4 Materials: Possibly brick, wood, precast concrete, stone, or metal. Text shown on this sign is for illustrative purposes only. Location: Close proximity to park entrance and parking facilities. Size /Area: See illustrative drawings below. Purpose: To provide identification Sign Concept Plan September 10, 2004 Page 5 Directional To provide clear direction to various facilities hroughout the park. Tex shown on this sign is for illustrative purposes only. Sign Concept Plan Side View Front View To provide educational information for pedestrians about environmental interests with in the park or wetland area. September 10, 2004 Page 6 Community Center/Facility Materials: Possibly wood, metal, precast concrete, stone, or wood. Text shown on this sign is for illustrative purposes only. Location: Visible location for pedestrians and vehicles. Near or adjacent to front entrance of building. Purpose: To provide community center identification throughout the community. Text shown on this sign is for illustrative purposes only. Sign Concept Plan 1 i tetedess at ri Community Center 3' September 10, 2004 Page 7 Multifamily Community Materials: brick precast concrete, pin- mounted letters Text shown on this sign is for illustrative purposes only. Location: At intersections of major arterial roads and neighborhood entrances. Size /Area: Not exceeding (5) feet in height Purpose: To provide neighborhood identification throughout the community. Text shown on this sign is for illustrative purposes only. Sign Concept Plan Homebuilder Development I I I I I: I 1 1 1 I I I I I VARIES. PER SITE CONDITION September 10, 2004 Page 8 Directional Materials: Possibly brick, metal, precast concrete, stone, or wood. Design Character to be compatible with village center architecture. Location: Close proximity to parking areas, at circulation crossroads Purpose: To provide an information for visitors and community residents. Sign Concept Plan d Retail A A Retail B 1 1 t I f l 1 I I I 1 1 1 1 1 t 1 1 1 l t 1 1 l 1 I I 1 1 I t 1 1 1 1 September 10, 2004 Page 9 Identification Sign Concept Plan Materials: Possibly brick, precast concrete, stone, wood, or metal. Text shown on this sign is for illustrative purposes only. Location: At major entrances off of arterial roads. Purpose: Identification and orientation within the community. 1 1 1 1 1 1 1 �1 1 1 1 1 1 1 I 1 Viliard at Recreational Center I I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 II 1111 11 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 11 I 1 1 I I 1 1 1 I 1 1 1 I 1 I 1 I 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 11 1 1 1 1 I I I 1 1 1 1 1 I I ill 1 September 10, 2004 Page 10 Sign Concept Plan Tenant Identification signs. Color: Tenant will be permitted to display their logo and color. Material: Possibly precast concrete, stone, brick, wood, or metal. Text shown on this sign is for illustrative purposes only. L Building Address (3 Squarefeel) Major Tenant Name/Logo Tenant Name (2 Square feel) Tenant Name (2 Square feel) In September 10, 004 Page 11 Directional Materials: Precast concrete, black metal pin- mounted letters. Text shown on this sign is for illustrative purposes only. Purpose To provide direction to office campus amenities. Location: Proximate to tenant identification sign. Along pedestrian an routes. 0 September 10, 2004 Sign Concept Plan Page 12 Long P Term Parking 1 Short A Term Parking A Loading Directional Materials: Precast concrete, black metal pin- mounted letters. Text shown on this sign is for illustrative purposes only. Purpose To provide direction to office campus amenities. Location: Proximate to tenant identification sign. Along pedestrian an routes. 0 September 10, 2004 Sign Concept Plan Page 12 .K.LP .Aa+mucsTPx DETACI1ED CLUSTER R A DSINGLE TAW W ]a DETACEtD CLLASER +A' SINGLE FALLS DF114.I6DCLUS 141 ANDS Pp 44 PPP 44 474 4 4444 \ll MASTER DEVELOPMENT PLAN SHEET 1 OF 5 THE VILLAGES ATARTRIP A DEVELOPMENT OF THE TOWER COMPANIES PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT ear THE TOWER COMPANIES 11501 Huff Court North Beh da, Maryland 20495 TEL 301.994.7000 FAX 301.994.6033 ww.IOwummpaniOmm 29 APRIL 2005 sr.TF: 1 100' GRAPHIC SCALE APPROVED RI' WE DIRECTOR OP PLIA'A'/AS u'O naveoFuc'T F£1 %5 /070 OIOC. 06CR/P7700 LPL COVATY C0NU2M5 S 1 UDDY C 5/10 05 5 501501' LLTIER 5/55/05 IR550N5 5 UPDY 40e57150 0/19/25 50/2000 14511100111057 7 REVISED 5011000 REAIXNAIINT /05 0 5 7 7R' e OS MOBS j! 570£✓iD05 .9517550 WARRIOR 050 sc mnI -1, I. 0000 He, mcaprcuu 1113160 PS 012 44: 4440441 4.44111217414 4443.5744447 OPTIONAL ROAD PHASING PLAN SCALE r -300 m w IIANDICAP R[7.1P02c. n v SCHOOL STE 11ONNECIION TO CANTER' FLAB '0 VC YEARFLOOOPLAM A -g 1 5n- 51 44 3 6 I60T33 ate' rJ 145.60• ..t.� N0v'330 77.43' 7, w5 VICINITY MAP SCALE:V.IJo TOTAL /M00 mire /5P.Sinupnnx u POSAL 1)4Et144I VMIL O5OUll0 =Do0IALDFHIIY 0) DII ATEDH9®rtMYS01001. L. rUOucwmrt ara'AY o- ...o.•.•... cnj m w WA ?LAN KEY kmj 100 YEAR FLOODPLAI4 PHASELINE I'1# EI1:LP SLOPES 7 WA 3` CONTOUR INTERVAL EXISTING WOODLAND W0001ANDR FARIN'O wsrLA /'Ds WATERS 07111E 0ISIORIC GRAVE R700071AREA STORM WATERAIANAGEMINE RECREATIONAL OPEN SPACE CENTRAL CORBARFA QI TOT LOT RECREATONAL EQUIVALENT ORO1CAIED 70X010 OPEN SPACE 5,53 /0 WIDE ASPHALr1TA0 OR S WIDE 00700901E SIDEWALK ASPDA -I 1 19 Dewberry MINGLE FAMILY DETACHED CLUSTER /DETACHED GARA GE Vwnn0OA.yny sr oonoms r lt. i amw Ln.c s [O wmnr07ro..,voxr mnsm..reAAma mex..we's n ti) ev arPoj r p no n n or p 00. A ro Aa4 aOAUr OOrAOeO�.Arn.s nArs nr an9m soeanss aw.w Aes 10610,, 0074LL074074 A00004 ;2 A1AAg I Porn.; rneron. nArv.'. o.roo m,osD mr0.' 1.0r wwArr Ara-mAa nrw.ro: wm704500A00m, M ULTIPLEX BACK TO BACK UNITS Pmcm ACipnamaa.nx°w xl em r7) AY utn,. n WVnwA r 004 VAw m m rmm�mu u m oO a 'A n.rw.0410.OwoaA .AnAw.s /4 4 ort Ralsc/ Pfluaw MASTER DEVELOPM P na UNIT SHEET 2OF L� Yard Setbacks 77IE VILLAGES ATARyRIP A DEVELOPIr'.LjvT OF TOWER COMPANIES PARKTHs SHAWNEF M/+ PRECINCT TN TER IALDISTRICT er J 11 501 T M TOWER COMPANIES 001 Bethesda, Maryla°d20895 TEL. 301.984.7000 FAX 301.984.6033 www. 17 SEPTDvMER 2004 SCALE: NM >wwag //MIN YAxms Aer:rs0vnwn, ow Yam NAw_ In v tml arsernA RAOA'. O'''saa7PAwmmt f' T 0 7)-45 naronn,cA- 50 ACV w 1-07 Me, SINGLE FAMILY DETACHED CLUSTIj ER OATLOAD manni o.rsram.nwnra.r'.fras Ar. Awna0wru0,r ON "w°euwsa.m <m nmOPm0P45'o 3500/, O0rw_rOPA0mASa2W.or 0-00ss r¢ao® 4 PP701'fD Dx' THE 525 /FECIaq OP 1'D1µ OI '131./C ROAD —f� 5V ROW SINGLE FAM TTY DETACHED CIES IER REAR LOAD nuw_AASm': m50 n0.0s0, /500Aw 9uw.w0wm mArmn..o: rowIX uxr%mrv.vxwnaoa YAIN.Orns*smnA wror grivr °LLm o p nr m° s Gc mrorr ss9mnr0mw0„®asnu lvss_rorw.wrArwnaOnax,.G vow NOTE: GREY DIMENSIONS REPRESENT R4 STQ ADS` BOLD DIMENSIONS REPRESENT SEE CHARTS FOR INDIVIDUAL OF STANDARDS, ALSO STANDA TYPES FOR LISTING OF DIMENSIONAL S TANDARDS ALLEY -f— SINGLE FAMILY SMALL LOT REAR LOAD "1, mo `I x won 21i nsr. PAR1aNt [rAas n .40002 Asa n sPTnsa; r'nm07/554m nwO 'I oAnl AA0 Ns/ERA. ER 5nyV nw<. MULTIPLEX STA )1Sm4m :rymr,OA5AOw xlsm ACRxnOvPASrarx wA 41RanrAwnnOVnw w,n,n00wAa,a 00 nwnaAa,G n Arm.Orr vnarnAw0..0 NIA 75 O5” i' {A `[oxce[rz VILLAGE STREET WITH HARKING 00711 SIDES TYPICAL PAVEISENT SECTION MASTER DEVELOPMENT PLAN SHEET 3OF5 Major Road Sections 7HE VILLAGESATARTRIp A DEVELOPMENT OF e y): TOWER COMPANIES PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT 1I,DI Huff THE TOWER Maryland 95 1E2. 301.984.7000 PAX 301.984.6033 xwwwowertompa„1esco 17 SEPTEMBER 2004 SCALE:NI'S r TYPICAL SECTION WARRIOR DRIVE FROM 6 TO C RESIDENTIAL SIDE CAPE 9U ITaxixi l 2 WAY ALLEY TYPICAL PAVEMENT SECTION FC FROM A TO P C TG 0 I0:5TTO l.� i swT „os NOTE: ALL OTHER ON -S1IE ROAD SECTIONS TO BE PER VDOT STANDARDS ALL INTERSECTIONS TO BE DESIGNED WITH PEDESTRIAN ACCESS TEMPORARY ACCESS ROAD oNT xoi. 9�uL I' �r ED 1PC SUERS TYPICAL 5E01I01,1 PARKINS MILL RD. MOW B TO 01 5]50 sPIW PLINK o y T I 1I 11 1 11 r]% SECTION ASPHALT TRAI mm. MAY, il;;Ti5e1 Pro' FASIDENNAL NSF WThOUS PwnmC. o ,aP Dewberry C Lt MASTER DEVELOPMENT PLAN SHEET 4 OF 5 Parks, Trails and Landscape Buffers Plan THE VILLAGES ATARTRIP A DEVELOPMENT OF THE TOWER COMPANIES PARKINS MILL PRECINCT 1N SHAWNEE MAGISTERIAL DISTRICT i THE TOWER COMPANIES 11501 Huff Coon North Bethesda, Maryland 20895 TEL301.9S4.7000 FAX 301984 6033 www.lowelcomrynie.mm 29 AP RLL2005 SCALE: 1 100' krw 177.71 MaT?- FAMILY Dewberry Wee Ma.0.27011 0.10.6270 INOLE FAMILY DETACHED OMAN SINGES FAMILY DETACHED CLUSTER O SINGLE FAMILY ATTACEED Com COFAODM.LL/ APAsTMal] IJ OFFICE RETA4 RESTAURA'IS PUBLIC MAT OF WAY COMMON OPEN SPACE EUFi10 P'LANIINGS 10' WIDE ASPIIALT TRAIL 5' WIDE CDNCPETE SIDEWALK TOT TAT MIMIC WOODLANDS MAIN TR1 LT' •50'.R/W _1 cm 1J_I _1 1 PLAN KEY KEY F may SINGLE FAMILY ATTACHED SRN OLLI MOLY ATTACKED TOWNS BACK m BACK svc a IM A TTr AC =0703= 1IMS W V.KADiK Townmmsc 00Fw MULTI- Fro ILY FOLLOWING OPI1ON5: -GARDEN APARTm)Ttm 70Nm'NAss SNOW, FAMILY MTACIMD TOWNS NS 7Y ATTACKED SAO( TO BACK [FMULY ATTACKED STACK 5151 �x TOWNHOUSE COMMERCIAL RETAIL, OFFICE RESTAURANTS PUBLIC RIGHT OF WAY PAW513 0050551 1 5411 COMMON OPEN SPACE GENERAL DEVELOPMENT PLAN SHEET 5 OF 5 THE VTILAGESATAR7RZP A DEVELOPMENT OF THE TOWER COMPANIES PARKINS MILL PRECINCT IN SHAWNEE MAGISTERIAL DISTRICT Mir THE TOWER COMPANIES 11501 BD(fCou,I Nunh Bethesda, Maryland 20895 TEL 301984.7000 FAX3019946033 www.tuwcmmpan amm 29 APRIL 2005 SCALE: 1" =50' CO 2 RtY ISIOA BLOC 012E BT me C0U/7r euumvsma 1lucrars 001'/ANNI C 1 4170 0FI F(MLOI, vEP .5/1/07 1 e lord v rmu I COL/ATV uc MOM= /51/05 5 20 o 5 BO! 75771717 5 /21%7 %/T 5 /EIBVIO /5 /0/05 e 0(122? ME .0 9// Bps o5 9/55 a" Re. 7792 s DE cB /70707 onrt R 5711007 B 005 2G7/77'5ENT 1/27/00 01 5277520 7,4227101? PRO 9/e 06 Dewberry