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Home My WebLink About13-05 Proffer StatementP ROPOSED PROFFER STATEMEI. REZONING: RZ. RA (Rural Areas) to RP (Residential Performance) PROPERTY: 67.7242 Acres Tax Map Parcels: 43 -A -15B 43-A-16 (the "Property") RECORD OWNER Glen W. and Pamela L. Russell APPLICANT: Glen W. and Pamela L. Russell PROJECT NAME: Russell Glendobbin ORIGINAL DATE OF PROFFERS: May 1, 2005 REVISION DATE(S): August 4, 2005 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 RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void.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 following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 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 term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Russell Glendobbin Property" dated May 1, 2005 (the "GDP and shall include the following' 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 130 single family detached dwelling units. 1.2 The project shall develop solely with single family detached residential uses. The minimum lot size for said uses shall be 15,000 square feet. 2. CONDITIONS It CEDENT TO THE ISSUANCE PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Russell- Glendobbin Proffer Statement as approved by the Board. 2.2 The project shall be developed pursuant to an annualized phasing plan Building permits for no more than 60 dwelling units shall be issued within any twelve (12) month period, beginning from the date of rezoning approval. 3. FIRE &RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5. PARKS OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 9. WATER &SEWER 9.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 10. ENVIRONMEI 10.1 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 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 11. TRANSPORTATION: 11.1 Transportation improvements shall be designed and constructed consistent with the study entitled, "A Traffic Impact Analysis of the Russell Glendobbin Property," prepared by Patton Harris Rust Associates, pc, dated May 4, 2005 (the "TIA The Applicant shall privately fund all transportation improvements required of this project. 11.2 The Applicant shall provide a connection between the internal road network for the project and Union View Lane. Said connection shall be extended from the Property across the existing 50 -foot access easement within the Glendobbin Ridge Subdivision to the current terminus of Union View Lane. (See 1 on GDP) 11.3 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 2 on GDP) 11.4 The Applicant shall place the amount of $300.00 per dwelling unit in an escrow account for future improvements of the intersection of Martinsburg Pike (Route 11) and Welltown Road (Route 661) Such funds shall be escrowed at the time of building permit issuance for each residential unit, and shall be released to the County within 90 days of a written request by the County. 12. ESCALATOR CLAUSE: 12.1 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 24 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 6% per year, non- compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, By: Title: By Title: Glen W. Russell Pamela L. Russell STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrume t }�'as acknow��dged fore e this day of {/mac 2005, by Co AAA. w1�S .naai /,d caiwi/e,l- Steil/ RUSSELL GLENDOBBIN GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, NRGIN14 Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493